Bartletts Solicitors

Helping Chester & Wrexham Families & Business For Over 158 Years

Call Us Free   Phone  0800 988 3674  
or Mobile  Mobile 0333 200 4465  

Probate Specialists Near Me

Probate specialists near meIf you are searching for “probate specialists near me”, you are likely facing of the most difficult periods of your life following the death of a loved one. As well as coping with the loss of someone close to you, you may also be tasked with handling a range of complex practical tasks, such as finalising your loved one’s affairs and administering their estate.

At Bartlett’s, we specialise in assisting clients in navigating the complicated probate process. We are committed to offering exceptional legal advice combined with outstanding standards of client care at competitive rates.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

What Does Probate Mean?

If you are responsible for administering a loved one’s estate, either as an executor or administrator (if they did not leave a will), you likely need probate before you can begin carrying out your duties. Probate is essentially the legal authority to handle the estate of someone who has passed away.

If the estate is especially small and straightforward, for example, a single bank account holding a few hundred pounds, you may not need probate before you can administer the estate. In most cases, though, probate will be required. If the estate comprises property, property is always needed before you can start work.

Once you have obtained probate, you can carry out your functions as an executor or administrator. Some examples of those tasks include the following:

• Accessing funds held in bank or building society accounts.
• Valuing assets such as property and investments
• Clearing outstanding debts and paying tax.
• Collecting in the estate and distributing it according to the will (or intestacy rules if there isn’t one).

“I am very satisfied with your service thank you so much.”

Ms Harris

Can You Obtain Probate And Administer The Estate Yourself?

Some families consider handling probate themselves. If the estate for which you are responsible is particularly small and simple, this may be viable. However, most executors and administrators seek legal advice for some or all of the probate process. Some of the reasons why they choose to do so include the following:

• The Estate Is Complicated

Some estates include a variety of assets, such as property, business interests, and overseas investments. In these cases, it is rarely a good idea to attempt to handle probate without professional support, since the process will undoubtedly be complex and difficult to navigate.

• Personal Liability

Many executors and administrators fail to appreciate that they can be held personally liable for any losses their actions cause the estate to incur. That means that if you do something wrong, you may be forced to make good any financial losses from your own pocket.

• Unexpected Complications

Even simple assets can encounter unexpected complications, such as disputes between beneficiaries. Probate specialists are well-versed in the potential pitfalls inherent in the probate process, meaning that they can pre-empt and address them before they become problematic and expensive.

Do I Need Probate Specialists Near Me?

Many families dealing with probate choose probate solicitors located nearby for a variety of reasons, including the following:

• Local probate specialists can provide face-to-face support. Probate is a deeply personal, sensitive matter. Having someone you can sit down with and get to know can ease the burden and make the process seem far less overwhelming.
• Local property expertise. Many estates involve property sales. A solicitor with local knowledge of the housing market can liaise effectively with estate agents and conveyancers.
• Friend or family recommendations. Local probate specialists like ours often build reputations over decades, having helped generations of local families with probate and estate administration matters
• Ease of communication. Being close to your probate specialists means that administrative tasks, such as providing any original documents your legal team requires, like wills, death certificates, or ID, is far easier than when your probate specialist is located elsewhere.

In short, choosing ‘probate specialists near me’ enables you to access professional legal expertise in a familiar, supportive environment, which can be particularly pertinent when you are also dealing with the loss of a loved one.

How Much Do Probate Specialists Near Me Charge?

At Bartlett’s, we firmly believe that everyone should have access to specialist probate advice at affordable rates. That is why we keep our rates incredibly competitive and provide our clients with a formal quote from the outset to avoid them facing unexpected costs down the line. Only when we have received your approval to that quote will we begin work on your matter.

We charge on an hourly rate, which does not exceed £200 plus VAT. To ensure our costs remain proportionate to the size of the estate, we offer further reassurance that our total fee will not exceed 2% of the gross value of the estate.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

    Probate Attorneys

    Probate AttorneysThe term ‘probate attorneys’ is not typically used in the UK; it is a US phrase. Here, the legal professionals who handle probate and estate administration matters are referred to as probate solicitors. At Bartlett’s, the solicitors in our experienced probate team have been supporting families with probate and estate administration matters for generations, and we pride ourselves on offering an exceptional service that combines technical legal expertise with a personal touch.

    Why Choose Barlett’s To Help You With Your Probate Matter?

    Dealing with the estate of a loved one after they pass away can be one of the most difficult and overwhelming responsibilities you will ever face. At such an emotional time, it is vital to have a legal team on your side who you can trust to guide you through the process with professionalism, clarity, and compassion.

    The probate specialists at Bartlett’s offer our clients a variety of key benefits, which include the following:

    • Outstanding Legal Expertise

    Handling probate can be incredibly complicated, and getting it wrong can exacerbate the stress already inherent in the process. Our probate solicitors possess the expertise and experience required to ensure your matter proceeds as swiftly, seamlessly, and cost-efficiently as possible.

    • Trusted Local Experience

    Bartletts has been serving clients across Chester, Liverpool, and Wrexham for over 150 years. During that time, we have become an integral part of our local communities, and we have developed a reputation for reliability and integrity. Families return to us time and again because they know that not only do we handle probate matters professionally and efficiently, but we are also approachable, friendly, and compassionate. Our long history means we understand both the legal complexities and the sensitivities involved in dealing with bereavement.

    • A Comprehensive Probate Service

    The tasks involved in probate cases can range from relatively straightforward applications to highly complex matters involving inheritance tax, property sales, and disputes between beneficiaries.

    Our probate solicitors are experienced in all aspects of probate law and practice and can provide as much or as little support as you require. Examples of the types of tasks our probate solicitors routinely handle on behalf of our clients include the following:

    • Applying for a Grant of Probate (on behalf of executors) or Letters of Administration (on behalf of administrators)
    • Valuing the estate, including obtaining professional valuations where necessary
    • Collecting assets, including property, bank accounts, pensions, and investments
    • Settling the estate’s debts and liabilities
    • Identifying and locating all beneficiaries
    • Preparing and filing inheritance tax returns
    • Distributing the estate to beneficiaries
    • Preparing estate accounts
    • Advising executors and administrators on their legal duties and how they can comply with them
    • Advising anyone involved in the probate process, including beneficiaries, executors, and administrators, on any contentious matters, such as the validity of the will and concerns over conduct.

    Whether you only need advice on a discrete aspect of the probate process or would prefer us to handle the entire matter on your behalf, our probate solicitors are perfectly placed to help you.

    • A Personal Approach

    At Bartlett’s, we understand that probate is not just about processes and paperwork – first and foremost, it is about people. Families often come to us for advice at a time of grief and stress, and they need not only legal advice but also reassurance and compassion. Our probate team has a reputation for being friendly and compassionate, and for taking the time to get to know each and every one of our clients. As a result, we enjoy longstanding relationships built on trust with many of our clients, who consistently recommend us to their families and friends.

    • Clear And Transparent Pricing

    One of the biggest concerns for many of our clients is how much probate is likely to cost. At Bartletts, we are committed to providing real value for money and being completely transparent when it comes to fees.

    For probate and estate administration matters, we typically charge an hourly rate of up to £200 plus VAT, so you only pay us for the work we carry out on your file. In addition, we reassure our clients by capping our fees at no more than 2% of the gross estate value. This means that you will never face unexpected or disproportionate bills allowing you to budget for your legal fees accordingly.

    At the outset, we will provide you with a written estimate tailored to the estate with which you are concerned, which we will ask you to approve before we start work. We will explain the likely costs, any third-party disbursements, such as probate court fees, and answer any queries you may have promptly and clearly.

    To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

    "Your staff could not have done more for me and my husband. Always pleasant when I phoned or called in nothing was too much trouble."

    - Brenda

       

      Do You Need A Lawyer For Probate?

      Do you need a lawyer for probateIn addition to the significant emotional toll that losing a loved one can take, there are usually practical matters that need to be addressed, too. Those left behind are often tasked with finalising the affairs of their loved one and administering their estate in accordance with the terms of their will or the Intestacy Rules. This process is known as probate, and one of the most common questions asked by the families and loved ones of a recently deceased person is ‘Do you need a lawyer for probate?’

      There is no legal requirement that you use a lawyer for probate, and it is possible to apply for probate and administer an estate without professional help. However, the process can be complicated and time-consuming, and navigating it can exacerbate an already stressful situation. As a result, most people choose to seek expert legal advice from specialist probate solicitors like ours. At Bartlett’s, we are proud to offer first-class legal advice with a decidedly human touch and at affordable rates.

      To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

      What Is Probate?

      Simply put, probate provides named individuals with the legal authority to deal with the estate of someone who has died. The estate might comprise property, money, investments, pensions, and other assets, such as vehicles.

      The estate also includes the deceased person’s debts and liabilities, such as credit card bills.

      If the deceased person left a Will, their executors will be tasked with administering their estate. Before they can do so, they must apply for a Grant of Probate. If the deceased person died intestate, which means that they did not leave a Will, specific individuals can apply to act as administrators and administer their estate. The legal document that gives them the authority to do so is known as Letters of Administration.

      Once the Grant of Probate or Letters of Administration is issued, the executors or administrators are legally entitled to handle the deceased person’s assets. Examples of some of the tasks they will be entitled to undertake include the following:

      • Accessing funds held in the deceased person’s bank or building society accounts
      • Dealing with the deceased person’s property, for example, selling it
      • Paying any debts or taxes owed by the estate
      • Distributing the estate between the beneficiaries in accordance with the terms of the Will or the Intestacy Rules

      "Your staff could not have done more for me and my husband. Always pleasant when I phoned or called in nothing was too much trouble."

      - Brenda

      Can You Apply For Probate Without A Lawyer?

      You can apply for probate without a lawyer if you wish. However, save in cases involving particularly low-value, straightforward estates, it is always advisable to seek legal advice when navigating the probate process.

      Executors and administrators have personal liability for ensuring that debts are paid, taxes are calculated correctly, and assets are distributed appropriately. If you get it wrong, you may face a claim against you personally and be forced to make good any losses caused by your mistakes from your own pocket.

      When Do You Need A Lawyer For Probate?

      Unless the estate with which you are dealing is very straightforward, it is always a good idea to seek professional assistance. In some complex cases, legal advice is particularly advisable. Just a few examples of situations where using a lawyer is strongly recommended include the following:

      • The Estate Is Large Or Complex

      If the estate includes multiple properties, business interests, overseas assets, or trusts, most executors and administrators will require legal advice. Estates of this nature often require detailed inheritance tax planning and specialist knowledge, so seeking to administer them without professional help can be incredibly risky.

      • The Deceased Person Died Intestate

      When someone dies without leaving a Will, the law dictates who should inherit their estate. The Intestacy Rules list the beneficiaries in order, and can have some confusing and unwelcome outcomes. Expert probate solicitors like ours will explain how the Intestacy Rules apply to the estate with which you are concerned, and handle any disputes that arise as a result of their application.

      • Disputes Arise Between Beneficiaries

      Unfortunately, disputes between family members over inheritance issues are all too common. Sometimes, the validity of the Will itself might be challenged. Such disputes must be handled sensitively and settled as quickly as possible to avoid them escalating, becoming extremely costly, and harming meaningful personal relationships. Our probate lawyers are skilled in managing disputes of this nature and frequently achieve excellent settlements on behalf of our clients swiftly and cost-effectively.

      If you need advice on a probate matter, the team at Bartlett’s is ideally placed to assist. We handle all aspects of the probate process, including applying for the Grant of Probate or Letters of Administration, administering estates, and handling disputes. We are friendly, approachable, and compassionate, and we will guide and support you through the probate process with care and empathy.

      To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

      “Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

      Mr Johnstone

        Local Probate Solicitors

        Local Probate SolicitorsAt Bartlett’s, our local probate solicitors have been serving our communities for decades. With offices throughout Northwest England and North Wales, we are proud to work with local families, helping them navigate the probate process at what can be an incredibly difficult time following the death of a loved one.

        To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

        What Do Our Local Probate Solicitors Do?

        Our local probate solicitors offer expert legal advice to individuals and families handling the estate of a loved one who has passed away. Probate involves a number of tasks, including valuing the estate, clearing any liabilities, and distributing the deceased person’s assets between the beneficiaries. Our local probate solicitors can support you from start to finish, easing the burden of the practical implications of the loss of a loved one.

        "Mr Crowley – ‘I thought that any enquiries I had were well-handled expeditiously and professionally - I consider the service provided to be first rate and value for money."

        Mr Crowley Residential Conveyancing

        Examples of some of the tasks our local probate solicitors routinely undertake on behalf of our valued clients include the following:

        • Applying For Probate

        Before you can begin handling your loved one’s estate, you must obtain the relevant legal authority.

        If you are named in your loved one’s will as an executor, this involves applying for a Grant of Probate. If your loved ones did not leave a will and you wish to administer their estate as an administrator, you will need to apply for

        Letters of Administration. Both processes require the careful preparation and submission of the necessary documentation to the Probate Registry to ensure compliance with statutory requirements and avoid unnecessary delays.

        • Valuing The Estate

        Valuing your loved one’s estate is a crucial aspect of the probate process, and it is important that you get it right. Valuing the estate may involve assessing any property, investments, business interests, and other significant assets owned by your loved one, as well as identifying any outstanding debts or liabilities. Accurate valuations are essential for calculating inheritance tax obligations, ensuring that the estate is administered correctly, and safeguarding the beneficiaries’ inheritance. Our local probate solicitors work closely with key parties, such as financial institutions, surveyors, accountants, and HM Revenue & Customs, on behalf of our clients, to provide a comprehensive and legally compliant valuation of the estate’s overall value.

        • Administering The Estate

        Executors and administrators are subject to a number of strict legal duties designed to ensure that they fulfil their role properly and protect the estate’s value. Should an executor or administrator make a mistake that causes loss to the estate, they may have to make good that loss personally.

        Given their potential personal liability, many executors and administrators seek legal advice from local probate solicitors like ours when administering their loved one’s estate. We will guide you through the process, ensuring that you have accurately identified all beneficiaries, realised the estate’s true value, and distributed it as required by either the terms of the Will or the Intestacy Rules.

        Why Choose Local Probate Solicitors?

        Choosing local probate solicitors offers numerous distinct advantages for individuals and families navigating the complex and often emotional process of administering a loved one’s estate.

        We are the go-to firm for our local communities, who value our accessibility and availability for face-to-face meetings. Clients often favour visiting us in person over remote meetings, and never more so than when dealing with sensitive matters such as administering the estate of a loved one who has died. Knowing that your probate solicitor is local and on hand to offer the support and reassurance you need can be invaluable.

        We are a community focussed practice, and we prioritise building strong relationships with our clients, many of whom turn to us time and again for help with their legal issues. We take the time to get to know our clients and understand their needs, so we can ensure the wishes of their loved ones are respected. We believe that the level of personal attention our local probate solicitors offer can make a significant difference to our clients during a period in their lives that is often overwhelming and emotional.

        Aside from the personal benefits inherent in choosing local probate solicitors, it can make sense from a costs perspective, too. Our team of specialist probate solicitors is familiar with our local Probate Registries and on hand to attend meetings in person if necessary. This avoids incurring travel costs and reduces the likelihood of delays that can occur when a solicitor is located further afield.

        Furthermore, our local probate solicitors have developed strong connections with other professionals in the area through their years of working together. We have a network of specialist advisors, including accountants, surveyors, and estate agents, whose expertise we can call on in connection with our clients’ cases should we need to.

        To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

        “Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

        Mr Johnstone

          Probate Lawyer Near Me

          Probate Lawyer Near MeIf you are looking for a ‘probate lawyer near me’, the expert team at Bartlett’s is on hand to help. We have extensive experience in all types of probate matters, and we offer friendly legal advice and support at highly competitive rates.

          To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

          How Can A Probate Lawyer Near Me Help?

          If you have been tasked with administering the estate of a person who has died, working with an experienced probate lawyer, like those at Bartlett’s, can significantly relieve the stress of the probate process and give you peace of mind that you are acting in line with the terms of the Will and the applicable laws.

          Just a few examples of the types of issues with which a probate lawyer can assist include the following:

          • Ascertaining whether you require a Grant of Probate to administer the estate
          • Valuing the estate
          • Establishing whether any inheritance tax is payable on the estate
          • Liaising with HMRC on matters relating to inheritance tax
          • Applying for the Grant of Probate
          • Administering the estate in accordance with the terms of the Will and probate law
          • Advising you on your legal duties as executor and the steps you should take to ensure you comply with them
          • Advising you on the probate process in cases where the deceased person did not leave a Will, including:
            • Advising you on who is eligible to apply to act as an administrator of the estate.
            • Assisting you in making an application to be an administrator.
            • Applying for the Letters of Administration.
            • Advising you on your duties as an administrator and the steps you should take to ensure you comply with them.
            • Advising you on the application of the Intestacy Rules to ascertain who is entitled to inherit the estate.
          • Advising you in connection with any disputes that may arise in connection with the estate. Such disputes might arise due to a challenge over the validity of the Will, a claim made under the Inheritance Act, or concerns over your activities while acting as executor or administrator of the estate.

          "Your staff could not have done more for me and my husband. Always pleasant when I phoned or called in nothing was too much trouble."

          - Brenda

          What Should I Look For When Choosing A Probate Lawyer Near Me?

          Given the importance of probate matters, ensuring you choose the right probate lawyer is crucial. When making your choice, you should ask yourself the following questions:

          • Do They Have The Relevant Expertise And Experience?

          Probate law is complex, so it is essential that your chosen probate lawyer possesses the skills and experience required to handle your matter swiftly and effectively. At Bartlett’s, the solicitors in our Wills and Probate team are true experts in what they do, so you can be sure that you are in safe hands.

          • Are They Friendly And Approachable?

          Many clients in need of probate advice have little to no prior experience of probate law and practice. As a result, they require not only legal advice but also personal support and guidance as they navigate the probate procedures. You need to feel comfortable contacting your chosen probate lawyer with any questions you may have about your matter and be confident that you will receive a prompt response.

          Our probate solicitors are well-known for being friendly and approachable, with clients frequently describing us as ‘lovely’, pleasant’, and ‘congenial’. We take the time to get to know each and every one of our clients and to provide the service and support they deserve. We do not use complicated legal jargon; we speak your language, and we will be on hand to explain anything you are unsure of.

          • How Do They Charge?

          Understanding how your chosen probate lawyer will charge you for their work is vital in ensuring you can budget accordingly and will not receive any nasty surprises.

          At Bartlett’s, we usually work for our clients on an hourly basis, and we are committed to keeping our rates affordable so that as many people as possible can access our expertise. We will discuss our costs when we first meet with you, and we will give an estimate of our fees for the work you need us to undertake on your behalf. We will provide regular updates and breakdowns of our costs, so you can see the work we are carrying out.

          Where Can I Find A Probate Lawyer Near Me?

          Our probate lawyers service clients throughout the Northwest of England and North Wales, as well as those further afield. We are always happy to meet our clients in person, at our offices in Liverpool, Chester, or Wrexham, or we can advise you remotely if you prefer.

          To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

          “Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

          Mr Johnstone

            How Much Does A Probate Lawyer Cost?

            How Much Does A Probate Lawyer Cost?If you are searching for answers to the question ‘How much does a probate lawyer cost?’, chances are you have a probate matter on which you require expert legal advice.

            At Bartlett’s, we specialise in probate law and practice. Our experienced team is on hand to offer the advice and support you need at competitive, affordable rates.

            To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

            What Does A Probate Lawyer Do?

            A probate lawyer is a qualified legal professional who specialises in the field of Wills and Probate. They support their clients with a wide variety of matters, including the following:

            • Making a Will to ensure your estate goes to the people and causes that are dear to you and minimise inheritance tax. Instructing a specialist probate lawyer to prepare your Will ensures that it is valid and watertight and accurately reflects your intentions.

            • Updating or changing an existing Will to account for changes in your circumstances, such as marriages, births, or deaths

            • Setting up a trust to protect and manage your assets.

            • Long-term care planning.

            • Administering the estate of a loved one who named you as executor under their Will. This includes:

              • Applying for the Grant of Probate
              • Valuing the estate
              • Dealing with inheritance tax issues
              • Clearing your loved one’s debts and liabilities
              • Distributing the estate in accordance with your loved one’s wishes as detailed in their Will

            • Administering the estate of a loved one who did not leave a Will. This includes:

              • Applying to act as administrator
              • Applying for the Letters of Administration
              • Administering the estate in accordance with the provisions of the Intestacy Rules

            • Dealing with any disputes that may arise during the probate process. For example, individuals may make a claim under the Inheritance Act if they do not believe that the deceased person made ‘reasonable financial provision’ for them. A probate lawyer can represent either the individual bringing the claim or other interested parties, such as the executors, administrators, or beneficiaries.

            "Your staff could not have done more for me and my husband. Always pleasant when I phoned or called in nothing was too much trouble."

            - Brenda

            How Much Does A Probate Lawyer Cost?

            It is impossible to say definitively how much a probate lawyer costs, since it all depends on the nature of the work we undertake for you. We are committed to providing exceptional legal advice to our clients at affordable, competitive rates, and you can be sure of receiving exceptional value for money.

            We may be able to act on a fixed fee basis for some types of work, such as preparing, updating, or amending your Will. In these cases, we will provide an estimate of our fees during our initial meeting with you so you can budget accordingly. Our fees will vary depending on the type of Will involved and the complexity of your arrangements. Our fees for preparing a straightforward Will will usually be lower than those involved in drafting a more complicated Will, for example, one that involves overseas assets or a trust.

            For estate administration matters, our probate lawyers usually charge an hourly rate, which will not be more than £200 an hour plus VAT. Since we cannot be sure how long the estate administration will take, we usually reassure clients that our total fees will not exceed 2% of the value of the estate in question. Please note that we provide this reassurance purely to ensure that our client’s fees remain proportionate to the estate value; it does not mean that we will charge 2% of the value in all cases. We will send our invoice, which will be based on a number of factors unique to your situation, including the complexity of the issues involved, to you for approval before submitting it.

            When we charge on an hourly rate, our fees will depend on how long it takes your probate lawyer to complete your matter. Accordingly, if the estate administration proceeds without issue, our fees will be lower than if we encounter problems, such as challenges to the validity of the Will. In these cases, our probate lawyers always seek to resolve the issue as quickly and cost-effectively as possible.

            For example, where possible, we will seek to negotiate a settlement with the other side to avoid our client incurring the costs of contested court proceedings. Our probate lawyers are expert negotiators and frequently use their skills to secure excellent outcomes for our clients. If negotiations fail to yield the desired results, our probate lawyers will consider exploring alternative dispute resolution methods, such as mediation, which are quicker and more cost-efficient than litigation, and can preserve important relationships. Only in very limited situations do we advise our clients to take a matter to court.

            To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

            “Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

            Mr Johnstone

               

              What Does A Probate Lawyer Do?

              What Does A Probate Lawyer Do?Many people embarking on the probate process are unsure whether they can administer the estate themselves or require expert legal guidance to do so. Solicitors in our Wills and Probate team are often asked ‘What does a probate lawyer do?’ by clients wondering whether to try and administer an estate without legal advice or work with experienced probate lawyers.

              Here, our specialist probate lawyers describe what a probate lawyer does and explain when you might need to instruct one.

              To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

              What Does A Probate Lawyer Do?

              A probate lawyer specialises in wills and probate law and practice. They have a specialist, niche skill set that enables their clients to navigate the probate process swiftly and seamlessly and handle any issues that may arise.

              Examples of the types of tasks a probate lawyer undertakes include the following:

              • Advising Clients On The Applicable Process In Their Situation

              The appropriate probate process depends on a number of factors, and a probate lawyer will advise their client on the process that applies in their case.

              For example, the process differs depending on whether the deceased person left a will or ‘died intestate’, which is where they did not make a will before they died.

              If the deceased person left a will, they will have nominated individuals, usually friends or family members, to act as their executors. Executors are responsible for administering the deceased person’s estate in accordance with the terms of the will, and usually require a formal legal document, known as a ‘Grant of Probate’ before they can begin doing so. Probate lawyers will advise their clients on whether they need to apply for a Grant of Probate and explain the process involved.

              If the deceased person died without leaving a will, their loved ones can apply to act as administrator and administer their estate in accordance with the Intestacy Rules. A probate lawyer will advise their client on their eligibility to apply for the role of administrator and their duties if their application is successful.

              The Intestacy Rules dictate who should inherit the deceased person’s assets, ranking family members in order. A probate lawyer will advise their client on how the Intestacy Rules apply in their circumstances.

              I was very impressed by the speed and diligence with which my case was handled

              - Phyllis

              • Applying For The Grant Of Probate Or Letters Of Administration

              A key aspect of a probate lawyer’s role is assisting their clients in applying for the Grant of Probate or Letters of Administration. Their expertise and experience ensure that the relevant application is completed accurately and reduce the risk of it being rejected and delayed.

              • Advising Clients On Their Legal Duties

              Executors and administrators are subject to a number of strict legal duties to ensure that they act in the best interests of the estate. For example, they must protect estate assets until they have distributed them to the relevant beneficiaries. Failing to adhere to these legal duties exposes an executor or administrator to legal proceedings by anyone who has suffered a loss as a result. If they are found to have breached their duties, the executor or administrator may be ordered to compensate those affected from their own pocket.

              A probate lawyer will advise their clients on the nature and extent of their legal obligations and what they need to do to comply with them.

              • Assisting Clients With Estate Administration

              Administering an estate involves valuing and collecting the assets, clearing any debts and liabilities, paying any inheritance tax, and distributing the remainder of the estate in accordance with the terms of the will or the Intestacy Rules.

              Estate administration can be complex and burdensome, and a major part of a probate lawyer’s role is overseeing the process on behalf of their clients.

              • Dealing With Disputes

              Unfortunately, probate disputes are fairly commonplace and can stem from a variety of issues. For example, the validity of the deceased person’s will may be challenged on the basis that they lacked the requisite mental capacity at the time they made it, or they had been coerced into leaving certain gifts to certain people.

              Probate lawyers specialise in disputes relating to wills and estate administration, and they are adept at settling such matters quickly and cost-efficiently.

              Do I Need A Probate Lawyer?

              If your loved one’s estate is small and straightforward, you may be able to deal with it without expert guidance. However, those tasked with administering even small estates are subject to strict legal duties, so most executors and administrators seek legal advice. Certainly, if the estate is large or complex, or if disputes are likely, legal support from a specialist probate lawyer is essential. You do not need to instruct a probate lawyer for the entire process if you do not feel that you need to; you can seek advice on specific aspects that are problematic or that you do not feel confident tackling alone.

              To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

              “Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

              Mr Johnstone

                Do I Need A Probate Lawyer If There Is No Will?

                Do I Need A Probate Lawyer If There Is No Will?Clients seeking advice from our specialist probate solicitors frequently ask, ‘Do I need a probate lawyer if there is no will?’ While it is not mandatory to seek expert legal advice when administering an estate when there is no will, given the complexity of the process and the time it can take to complete, most people choose to do so.

                If you need help with estate administration or any other aspect of probate law and practice, our probate team is ideally placed to provide the guidance and support you need.

                To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

                What Happens If Someone Dies Without Leaving A Will?

                When a person dies without leaving a will, they are said to have died ‘intestate’. This means that there is no legal document detailing who should be responsible for administering their estate and who should inherit their assets. As a result, the law steps in, and the Intestacy Rules dictate how the estate should be distributed.

                Under the Intestacy Rules, a deceased person’s estate must be distributed among their family members, who are ranked in the following order of priority:

                •  Spouse or civil partner
                • Children
                • Parents
                • Siblings and their children
                • Half-siblings and their children
                • Grandparents
                • Aunts and uncles and their children
                • Half aunts and half uncles and their children

                If the deceased person has no surviving relatives, their estate will pass to the Crown.

                The Intestacy Rules can have some unwelcome consequences. For example, the deceased person’s long-term partner has no entitlement to their assets if they were not married or in a civil partnership. Instead, the estate may pass to a distant relative with whom the deceased had no relationship. Accordingly, the importance of making a will cannot be overstated. While it can be uncomfortable to think of a time when you are not around to take care of your loved ones, getting your affairs in order, even when you are young and healthy, ensures that your estate goes to the people you care about when the time comes.

                “Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

                Mr Johnstone

                Do I Need A Probate Lawyer If There Is No Will?

                So, do you need a probate lawyer if there is no will? There is no legal requirement to take legal advice, but the process is such that expert guidance can be invaluable.

                When someone dies without leaving a will, it means that they have not appointed friends or family members to act as their executors and administer their estate. As a result, anyone who wants to take on the responsibility must apply for Letters of Administration to act as administrator and deal with the estate.

                The deceased person’s closest living relative can apply to act as administrator. This might be their spouse, civil partner, or child. Their partner cannot apply unless they were married to the deceased or in a civil partnership with them. Your probate lawyer will advise you on your eligibility to act as administrator and prepare the application on your behalf.

                Once you have received the Letters of Administration, you can administer the estate. This involves valuing the estate assets, paying any outstanding debts, and distributing the remainder among the beneficiaries in accordance with the Intestacy Rules. Administrators must comply with a number of legal duties while executing their duties. Your probate lawyer will advise you on the nature of those duties and the measures you should take to comply with them.

                Your probate lawyer can assist you in administering the estate, providing as much or as little guidance as you need. You might prefer that they undertake the entire process, or you may wish to do the majority of it yourself and seek their guidance on discrete issues, such as the steps you should take to locate beneficiaries.

                Support from a probate lawyer is also crucial if a dispute arises in connection with the administration of the estate. As we have explained above, the application of the Intestacy Rules can have some unexpected and unwelcome consequences. For example, those with close personal relationships with the deceased, such as their life partner who they were not married to or in a civil partnership with, or their stepchildren, have no legal entitlement to inherit. As a result, if these individuals were reliant on the deceased person for their basic financial needs, they may need to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. These claims are notoriously complex and rely heavily on evidence, so you would be ill-advised to try to navigate one without expert legal guidance.

                If you need help with a probate matter, whether or not the deceased left a will, please contact our expert probate team for an initial, no-obligation discussion.

                To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

                Martin contacted me when he had to and helped me understand. Added no pressure to add to the stress of the situation. Thank you so much.

                Sue

                  Grant Of Probate Solicitors

                  Grant Of Probate SolicitorsIf 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.

                  "Your staff could not have done more for me and my husband. Always pleasant when I phoned or called in nothing was too much trouble."

                  - Brenda

                  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.

                  “Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

                  Mr Johnstone

                    Probate Property Sales Solicitors

                    Probate Property Sales SolicitorsWhen someone dies, their executors or administrators must administer their estate in accordance with the terms of their Will or the Intestacy Rules if they die before making a Will. If the deceased person’s estate comprises property, a key aspect of this role involves deciding how that property should be handled and ensuring that the estate receives the full benefit of it. Our probate property sales solicitors specialise in helping executors or administrators to navigate the legal and practical complexities of selling a deceased person’s home or other real estate assets.

                    To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

                    How Can Probate Property Sales Solicitors Help?

                    Our probate property sale solicitors advise clients on how to deal with estate property as part of our wider comprehensive Wills and probate service. We can take over the administration of the estate for you from start to finish if you wish, or we can help with a discreet process or advise on a specific issue.

                    Just a few examples of our probate property sales solicitors’ role include the following:

                    • Determining How The Property Was Owned

                    If the property was owned jointly by the deceased person and their partner, our probate property sales solicitors will begin by ascertaining the legal basis on which ownership was split. We will do that by examining the property’s title deeds.

                    If the property was held as joint tenants, it will pass to the surviving owner and will not form part of the deceased person’s estate.

                    If the property was owned by the deceased person and their partner as tenants in common, the deceased person’s share would form part of the assets to be distributed among the beneficiaries once the estate’s debts and liabilities have been cleared.

                    “Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

                    Mr Johnstone

                    • Reviewing The Will

                    Our probate property sales solicitors will review the terms of your loved one’s Will to ascertain whether it contains any instructions detailing what should happen to the property. Your loved one may have wished for the property to be transferred to a named beneficiary, or the property may need to be sold and the proceeds added to the pot to be distributed between the beneficiaries.

                    • Applying For The Grant Of Probate

                    Executors cannot sell estate property until they have received the Grant of Probate. The Grant of Probate is the official document that gives executors the right to deal with a deceased person’s assets.

                    Applying for a Grant of Probate necessitates considerable preparatory work, and the application must be accurate to avoid delays at the Probate Registry. Our probate property sales solicitors will undertake all the relevant preparatory work on your behalf and prepare the application to ensure you receive the Grant as quickly as possible.

                    While executors cannot exchange contracts and complete the property sale without a Grant of Probate, they can take steps towards selling the property, for example, by putting it on the market. Whether it is a good idea to do so in your case will depend on the circumstances, and our probate property sales solicitors will advise you accordingly.

                    • Advising Executors On Their Duties With Regard To The Property

                    Executors must take steps to ensure the property maintains its value pending sale. For example, if the owner’s death means that the property is vacant, the executors may need to arrange insurance cover, secure the property against burglary and vandalism, and make regular visits to the property.

                    If the executors fail to keep the property safe and well-maintained and it loses value as a result, they may be forced to compensate the beneficiaries from their own pockets. Our probate property sales solicitors will advise you on the extent of your duties in connection with the particular property and explain the measures you should take to fulfil them.

                    • Arranging For The Property To Be Valued

                    Executors have a legal duty to act in the best interests of the estate. This includes maximising the estate’s value by achieving the best price for its assets.

                    It is important to keep a paper trail of the property sale to refer to if any beneficiaries claim that you did not act in the best interest of the estate. Our probate property sales solicitors will arrange for the property to be professionally valued, usually by two estate agents, to ensure a robust valuation. When the property has been sold, we may obtain a certificate from the estate agents who handled the sale, confirming that it was sold for the best possible price. If you sell the property without achieving full market value, the beneficiaries may be able to demand that you make up the shortfall personally.

                    Contact Us

                    If you need help with selling a house in probate or any other aspect of Wills and probate law, our probate property sales solicitors are here to help, offering high-quality legal advice in plain English and at highly competitive rates.

                    To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

                    "Mr Crowley – ‘I thought that any enquiries I had were well-handled expeditiously and professionally - I consider the service provided to be first rate and value for money."

                    Mr Crowley Residential Conveyancing

                      © Bartletts Solicitors Limited 2024 – Offices in England and Wales