Probate

We understand that dealing with the administration of an estate can be very emotional and distressing, which is why we handle the process with compassion and efficiency. We have a wealth of experience and knowledge in this field and will assist you through the process in a friendly but professional manner.

Dealing with an estate can be a daunting task and we are available to help you every step of the way. You can appoint us to carry out all of the estate administration for you or if you feel comfortable dealing with some or most of it yourself, we will be more than happy to work with you.

What is Probate?

Probate is the process of applying for the legal right to deal with a deceased’s property, money and possessions (their ‘Estate’) when they die.

Before an executor named in the Will (or an administrator if there is no Will ) can distribute the Estate, they may need to apply for Probate to be able to access bank accounts, sell assets or settle debts. However, applying for Probate isn’t always required and you should take legal advice if you are not sure.

If a person did not leave a Will, a grant of Letters of Administration is applied for instead.

The person dealing with the estate of the deceased is called an executor if there is a Will or an administrator if there is no Will (or if the named executors are unable to act). Executors and administrators will often be referred to as the ‘personal representatives’.

What does the executor or administrator do?

The executor or administrator takes responsibility for dealing with the administration of the estate, such as:

N

Registering the death

N

Arranging the funeral

N

Valuing the estate

N

Paying any inheritance tax

N

Applying for probate

N

Collecting in assets

N

Paying debts

N

Placing statutory notices

N

Dealing with income tax up to the date of death and for the administration period

N

Dealing with benefits

N

Selling property

N

Distributing the estate to the correct people

N

Preparing estate accounts

If the person made a Will then the beneficiaries will inherit according to the terms of the Will. If the person died without making a Will, then the estate will pass in accordance with certain legal rules called the rules of intestacy. For information about the rules of intestacy, see here.

Our fees vary depending on the size, value and complexity of the Estate (and how much you wish to carry out yourself).

Please contact us for a no obligation discussion if you would like more information or to discuss your particular situation or obtain an estimate of costs.

Please do contact us to discuss
your needs