If you have been tasked with managing the estate of a loved one who has passed away, our Grant of Probate solicitors are here to help. We understand how overwhelming the probate process can seem, particularly when you are dealing with the grief of having lost someone close to you. Our probate team is comprised of highly experienced solicitors, all of whom are friendly and approachable, and who will go out of their way to alleviate the burden of estate administration so you and your family can concentrate on coming to terms with your loss.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry
What Is A Grant Of Probate?
The term ‘probate’ refers to the process of administering the estate of a person who has died. The estate may include money, property, investments, and personal effects. During the probate process, the estate assets are collected, any outstanding debts and liabilities are cleared, and the remaining assets are distributed among the beneficiaries in accordance with the terms of the Will.
A Grant of Probate is a legal document issued by the Probate Registry confirming that the individuals chosen by the deceased to act as executors have the legal authority to deal with the estate. While the executors of a Will derive their powers from the Will itself and not from the Grant of Probate, the Grant is usually required for them to carry out their duties.
If the deceased did not leave a Will, a similar document, known as the ‘Letters of Administration’ is issued to the individuals appointed to act as administrators.
When do you need a Grant of Probate?
In a few, albeit limited, scenarios, a Grant of Probate may not be required. They include when the deceased person owned all their property jointly, since it would then pass to the surviving owner, and when the cash held in bank or building society accounts is fairly low. Each financial institution has its own threshold over which it will require a Grant of Probate before releasing the funds to an executor. Those thresholds can vary considerably, with some insisting on seeing the Grant of Probate for anything over £5,000 and others not requiring it until the funds exceed £50,000.
How Can Our Grant Of Probate Solicitors Help?
Our Grant of Probate solicitors can take over the entire probate process for you, or we can assist you with discrete issues on which you require expert guidance.
Examples of the types of matters on which our Grant of Probate solicitors frequently advise include the following:
• Advising On The Need for A Grant Of Probate
As we have explained, not all estates require a Grant of Probate. We will assess your loved one’s estate and advise you on whether a Grant of Probate is required.
• Preparing The Probate Application
While completing the probate application itself is fairly straightforward, the preparatory work involved before proceeding to that point can be time-consuming and complicated and often involves an understanding of inheritance tax and probate law.
For example, before you can complete the probate application, you must value your loved one’s estate. This involves placing a value on each of their assets, which in the case of property, necessitates the involvement of professional valuers. Failing to realise the true value of an estate can expose executors to legal claims by the beneficiaries, so ensuring you do all that is required of you is crucial.
The executors must also ascertain whether any inheritance tax is payable on the estate and pay at least part of any tax due before applying for the Grant of Probate. You cannot distribute the estate among the beneficiaries until you have paid all the inheritance tax due.
• Submitting The Probate Application
When our Grant of Probate solicitors are in possession of all the relevant information, we will make the probate application on your behalf. You may receive the Grant of Probate in a few months, but matters can be delayed if the form is not completed properly. By working with experienced Grant of Probate solicitors like ours, you can reduce the risk of delays and ensure that your application is accepted.
• Administering The Estate
Once you have received the Grant of Probate, our Grant of Probate solicitors can assist you in administering the estate in accordance with the terms of your loved one’s Will. This involves various tasks, including closing their bank or building society accounts, selling any property, paying their debts, and distributing the remainder of the estate among the beneficiaries.
• Handling Any Disputes And Other Complex Situations
Disputes frequently arise in the context of estate administration, for example, because the Will is contested or someone makes a claim under the Inheritance Act. Our Grant of Probate solicitors have extensive experience in handling such disputes, and we have an excellent track record of resolving them quickly, cost-effectively, and amicably, so important personal relationships can be maintained.
How Can You Contact Our Grant Of Probate Solicitors?
If you have a Wills or Probate issue on which you need legal advice, our Grant of Probate solicitors are here to help. Please contact us at our Wrexham, Chester, or Liverpool offices, or simply email newenquiry@bartletts.co.uk, and one of the team will be in touch.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
