Compassionate, expert and practical support when you need it most
We understand just how difficult it is to lose a loved one. The grieving process can be made even more challenging if you are responsible for managing that loved one’s estate.
Probate is the name given to the process of winding up someone’s estate after their death, either in accordance with their Will (if they made one) or intestacy laws (if they didn’t). In some cases, this process can be completed in a couple of months. In others, it could take years. It’s important to remember that the task of winding up an estate is essentially working to close down that person’s life. This includes concluding all of their professional and financial affairs, which understandably can take time.
In most cases, the person responsible for administering the estate will need to apply for a Grant of Probate before they can sell property on behalf of the estate or begin distributing assets. Many people choose to work with a specialist solicitor to support them through what can be a very trying process.
How can we help you with probate?
We understand just how important it is to get the help and support you need quickly.
Estate Administration
If you have been appointed as the executor of somebody’s Will, you will be responsible for administering their estate. This winding up process generally has three main steps:
● Sorting through the person’s finances, possessions and property to determine the value of their estate.
● Paying any outstanding bills or debts using the balance of the estate.
● Distributing whatever remains of the estate in accordance with the person’s Will. (If the person didn’t leave a Will, this will need to be done in accordance with the intestacy laws.)
In many cases, you will need to be issued with a Grant of Probate in order to show you have the authority to do these things. Financial institutions such as banks, building societies and mortgage companies are likely to need to see this document before they will be able to grant you permission to deal with the accounts of the person who has died.
Administering an estate can be a long, drawn-out process. It can also be complicated and very stressful. Many people choose to work with a solicitor during this time, especially if the estate they are dealing with is a particularly large or complex one.
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Grant Of Probate Only Service
All estates are different, and you may feel confident managing all or part of it yourself. If you’re responsible for administering a reasonably simple estate, you may decide that you only need support from a solicitor to apply for a Grant of Probate and that you can then go on to manage the distribution of assets yourself.
This might be a good option if you are managing an estate where:
● There are only a few beneficiaries and all are known to you.
● The estate involves only one or two bank accounts and/or properties.
● There are no significant concerns about debt.
● There are no additional complications such as overseas assets or disputes.
We can also carry out this service if there is no Will and the estate is being distributed on the basis of the intestacy laws.
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Will You Need Probate?
It isn’t always necessary to apply for a grant of probate. Depending on the size and nature of the estate, some financial institutions will allow you to access the accounts of the person who has died without one. This is usually if the balance of the accounts you wish to access are below a certain threshold.
To find out whether you will need to apply for a grant of probate, you will need to speak to the financial institutions where the person who has died held an account. They will tell you whether or not they will need to see a grant of probate before they will release funds.
Generally speaking, if the estate you are administrating is worth more than £15,000–£25,000 you will usually need to apply for probate. You will definitely need to apply for probate if the person who has died owned any property.
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Get the legal advice you need
Dealing with legal issues can be confusing and stressful. If you’re not sure exactly how we can help you, or if you want to get specialist advice right away, please don’t hesitate to pick up the phone and get in touch.