Is there a similar register to the probate register that records intestate estates?
Probate register
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Re: Probate register
Originally posted by Kati View Post
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Re: Probate register
Thanks, but if I understand it right from what I can see only a relative may access the register, whereas anyone may access the probate register. So eg if the deceased had creditors that the representative was unaware of, how would the creditors know the deceased had passed away and/or how would they be able to find out if the deceased had sufficient assets to satisfy a debt. if that makes sense
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Re: Probate register
Hi CYNthesis
Are you (or others) looking to protect the legal position of the executor(s)/representative(s), or alternatively are you trying to find info in order to potentially make a claim on an estate?CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
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Re: Probate register
Hi,
slightly confused. Probate is a bit of a misnomer. The probate registry deals with all grants whether there is a will or not (intestacy). If there is a property or bank accounts over a certain amount or shares for example then a grant would be necessary. This would indicate the value of the estate irrelevant of the existence of a will. If a grant has been obtained then a copy can be obtained from the probate registry.
In order to protect executors or administrators (name given to person dealing with estate when no will) from potential claims of creditors they may be unaware of, then a section 27 notice would be sensible. It provides notice to the creditors of the death and who to contact if there is money owed. If a notice is not taken out then the exec/administrators could be personally liable for the sums if they have distributed the estate to beneficiaries. This article explains it https://www.thegazette.co.uk/wills-a...te/content/299
If the issue is to do with the intestacy rules i.e. Who inherits in the event of no will then again the administrator would be liable if they distribute the estate without following the intestacy rules. Her is the government website link dealing with the rules and who is entitled where no will https://www.gov.uk/inherits-someone-dies-without-will
An insolvent estate i.e. where there is insufficient money from the assets to settle any debts, is different again. No money should be passed to beneficiaries until the debts are dealt with. There is a particular order of priority for the creditors and I would recommend that the administrator obtains some advice on this. Here is the bereavement advice centres comments https://bereavementadvice.org/topics...olvent-estates
i hope this is of assistance and clarifies things a bit for you.I am a qualified solicitor and am happy to try and assist informally, where needed.
Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.
If in doubt you should always seek professional face to face legal advice.
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