When someone close to you dies, there is a great deal to deal with at a time when you may have very little energy for paperwork. Sorting out their money, property, and possessions is one of the practical tasks that falls to the people left behind, and many people find themselves asking ‘Do I need a probate attorney?’
It is worth clearing up one point straight away. “Attorney” is an American term. In England and Wales, the professional who handles this kind of work is a solicitor, so anyone searching for a probate attorney is really looking for a probate solicitor. Whether you need one depends on the size and nature of the estate, and on how confident you feel taking on the responsibility yourself.
To speak to our experts, please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
What Does Probate Involve?
Probate is the legal process of dealing with the estate of a person who has died. The estate is simply everything they owned, including property, savings, investments, and personal belongings, less any debts. If the deceased left a will, it should name one or more executors, who are the people responsible for carrying out their wishes. If there is no will, the law decides who can act and who inherits under the rules of intestacy.
In most cases, the executors or administrators need a document called a Grant of Probate, or a Grant of Letters of Administration where there is no will. This grant gives them the legal authority to access bank accounts, sell or transfer property, and distribute the estate. Before anything is shared out, debts, funeral costs, and any tax owed must be settled. Only then can the remaining estate pass to the beneficiaries.
When Is Probate Required In England And Wales?
Probate is not always needed. As a general guide, it is always required when the deceased owned property in their own name. Some small estates may be exempt from probate, but this depends on the practices employed by the institution holding their assets. Banks, building societies and other institutions set their own limits. For modest sums, some will release funds on production of a death certificate alone, while others insist on seeing the grant before they will act. Since each organisation applies its own threshold, it is sensible to find out what each one requires before deciding how to proceed.
Do You Have To Use A Solicitor For Probate?
There is no legal requirement to instruct a solicitor. Executors are entitled to apply for the grant themselves and to administer the estate without professional help, and for a straightforward estate this can be a reasonable choice. A simple estate might involve one property, a handful of bank accounts, a valid will, no inheritance tax to pay, and a family who all agree on how matters should be handled.
That said, the fact that you can do something yourself does not always mean it is the best use of your time, particularly while you are grieving. Many people choose to instruct a solicitor not because the rules force them to, but because they would rather have an experienced professional take the work off their hands and reduce the risk of mistakes.
What Can Go Wrong If You Deal With Probate Yourself?
The responsibilities of an executor are more significant than many people realise. An executor can be held personally liable if the estate is distributed incorrectly. If a debt or creditor is overlooked, if inheritance tax is miscalculated, or if money is paid to the wrong person, the executor may have to make good the loss from their own pocket.
Inheritance tax in particular can be complex. Working out what is owed, claiming the allowances the estate is entitled to, and reporting correctly to HM Revenue and Customs all take care. Mistakes can lead to penalties as well as delay. There is also the practical burden to consider. Valuing assets, completing forms, corresponding with banks, and dealing with the Probate Registry can take many hours spread over several months, which many find too much to handle alone.
When Does Professional Help Make The Most Sense?
Some estates are clearly better placed in professional hands. It is usually worth speaking to a solicitor where the estate includes one or more properties, business interests, or assets held abroad, where inheritance tax is likely to be due, or where the affairs of the deceased were complicated. The same applies where there is no will and the rules of intestacy must be applied, where the family is blended, or where relationships are strained.
Disputes are another important consideration. If anyone is unhappy with the will, questions its validity, or feels they have not been properly provided for, the situation can become contentious very quickly. Having a solicitor involved from the outset can help keep matters on a steady footing and protect the executors from later criticism.
How Can Bartletts Solicitors Help?
Bartletts Solicitors has an experienced wills and probate team that deals with all aspects of probate with courtesy and sensitivity. We understand that losing someone is incredibly upsetting, and we aim to make the process as straightforward and clear as possible. We can advise on whether probate is needed in your particular circumstances, apply for the grant on your behalf, handle inheritance tax, and administer the estate from start to finish, or simply help with the aspects you would rather not tackle alone.
We offer fixed fee quotations so that you know where you stand from the beginning, with no unexpected costs along the way.
If you are dealing with an estate and would like to talk through your options, our wills and probate team would be glad to help. You can contact our offices in Liverpool, Chester, or Wrexham, or email advice@bartletts.co.uk. A short conversation at the start can save a great deal of worry later.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
