Probate
Probate Solicitors
The process of dealing with a deceased person’s assets and liabilities is known as estate administration and is sometimes referred to as probate in cases where the person who died left a Will. If someone dies and has not left a Will, their estate is administered according to the rules of intestacy.
Being responsible for administering a person’s estate is overwhelming, particularly at an already emotional and distressing time. Subsequently, to ensure the process runs as smoothly as possible, seeking the advice of a trusted legal professional is paramount.
Probate Solicitor Near Me
There are various ways a solicitor or other legal practitioner might be able to assist you with probate, including:
- The completion of Inheritance Tax forms.
- Inheritance Tax advice.
- Estate account preparation with the executor(s) for the beneficiaries upon completion of estate administration.
- Accounting for income tax during the administration period.
- Deed of variation preparation.
- Obtaining a Grant of Probate.
- Payments of debts and expenses.
- Distribution of the estate to beneficiaries.
The type of estate and whether the deceased left a Will determines how complex the probate process is. Even where you believe that your case is straightforward, it is sensible to seek legal advice to ensure that if any issues do arise, they are dealt with efficiently and effectively.
If you are looking for probate advice, please contact our experienced private client solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
Contact Us
Wisbech and March Solicitors
Bowsers Solicitors are local solicitors for the local community. We understand that being tasked with distributing an estate following a loved one’s death is highly emotional. Therefore, seeking the appropriate advice and guidance is essential.
To speak to one of our friendly yet professional private client solicitors or chartered legal executives today, please call 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
Solicitors for Probate Cambridgeshire
Regardless of whether the deceased left a Will, it will be necessary to apply for a Grant to access bank accounts and sell investments and property before the estate can be distributed to beneficiaries. It may also be necessary to pay inheritance tax if the estate is above the tax thresholds, and there may also be income tax and capital gains tax to pay.
In the absence of a Will, an estate is distributed according to the rules of intestacy. In this case, there is a strict order regarding who is entitled to manage the estate. Therefore, it is essential to make a Will.
Sometimes, there may be a Will, but no executor is appointed. With this, named beneficiaries can apply for a Grant of Administration.
It should be noted that the person administering the estate is personally liable for any tax due.
Frequently Asked Questions
Probate is a legal term which is used to describe the process of officially proving a Will, which involves submitting the Will to a court for validation.
When the court validates the Will, they will issue the grant of probate. This is a legal document which executors use to prove their authority to deal with the administration of a deceased person’s estate when they die.
If the deceased has left a Will, the executor named in the Will must apply for a grant of probate to administer the estate. If there is more than one executor, you must all agree who makes the application for probate.
If there is no Will, the most ‘entitled’ person can apply to become the administrator of the estate and must apply for a grant of letters of administration. This is essentially the same as a grant of probate, and gives the legal authority to administer the estate.
Executors and administrators are collectively known as ‘personal representatives’.
For more information about the probate process, download our free legal guide here.
The tasks involved in estate administration depend on the specific assets and their value. Some of the main steps involved in probate are:
- Identifying the deceased’s assets.
- Valuing the estate and paying any tax due.
- Applying for a grant of probate/letters of administration.
- Informing interested parties (such as banks, mortgage providers and insurance companies).
- Gathering assets of the estate.
- Distributing assets.
Read more about the steps involved in probate here.
Probate can be complicated and requires significant time, paperwork, and expertise.
Personal representatives can be financially liable for any mistakes made while administering an estate, so it is crucial to get it right.
However, as the process is often left to people with limited experience of what probate involves, and little knowledge of how it works, there is ample opportunity for things to go wrong.
A specialist Wills and probate lawyer can guide you through what is involved, drawing on their experience and familiarity with the process to ensure nothing is overlooked.
At Bowsers Solicitors, we understand that being tasked with distributing an estate following a loved one’s death can be difficult.
To speak to one of our friendly yet professional private client solicitors or chartered legal executives today, please call 01945 583194 (Wisbech) or 01354 652606 (March) or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
The time probate takes varies, with high-value or complex estates taking longer to complete than simple estates.
Typically, probate takes between nine and 18 months. Most of the time will be spent gathering information about the various liabilities and assets.
You may have to pay a fee when you apply for a grant of probate. Whether you need to pay depends on the value of the estate.
If the value of the estate is over £5,000, the application fee is £300. If the estate is worth £5,000 or less, there is no fee.
Extra copies of the probate document cost £1.50 each. It is advisable to obtain at least two copies of the grant of probate so you can send them to different organisations at the same time.
Solicitors’ fees are additional and will depend on the complexity of the estate.