If probate is needed but you don't apply for it, the beneficiaries may not be able to receive their inheritance. Instead, the deceased person's assets that require probate will be frozen and held in a state of limbo. Without probate, the executors may not be able to show the legal authority to access, sell or transfer the assets. A Grant of Probate gives a named person or persons the legal authority to deal with a deceased person's assets. If the executors fail to apply for probate, this may give rise to a claim against the executors from the beneficiaries, if the delay causes a loss (for example in the value of property or investments).

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