The Probate Process
We fully understand that losing a loved one is an upsetting and stressful time, which is why our experienced and specialist solicitors help with all aspects of probate in a sensitive and friendly way to ensure the process is straightforward and as stress-free as possible.
When a person dies, authority needs to be given to the executors of the Will, or closest relatives of the deceased if there is no Will, in order to handle the distribution of the estate according to the Will or rules of intestacy. This process is called probate.
Probate When There’s A Will
The Will of the deceased would name the executors who then need to apply for a Grant of Probate in order to deal with the estate and distribute it according to the wishes expressed in the Will.
Probate When There’s No Will
Usually a close relative of the deceased can apply for a Grant of Letters of Administration in order to distribute the estate according to the rules of intestacy.
When Probate Is Not Needed
Probate is needed in England and Wales if the deceased owned property, although not if the estate is worth less than £5,000. Another exemption to probate is if the deceased jointly owned property and the money will pass to the spouse or civil partner.
How Long Does Probate Take?
Usually a Grant of Probate comes through in 4-8 weeks and completion time depends on the estate.
Factors affecting how long the process takes, include:
- Involvement of organisations like banks
- Claims against the estate
- Inheritance tax
- Disputes between executors or administrators
- Wishes in the Will or the rules of intestacy
The Importance Of Making A Will
Writing a Will enables you to protect your loved ones and ensure your wishes are carried out after you die. This also saves your family and friends additional stress and heartache at an already challenging and upsetting time, by clearly stating how you want your estate to be distributed.
As a guide, making a Will lets you decide on all the important matters, including:
- Distribution of your assets
- Your beneficiaries
- Your executors
- Guardians for your children
How We Can Help With Probate
Our Wills and probate solicitors provide a sensitive and friendly service, using their expertise to assist you with every part of the probate process.
We can help you with applying for probate and provide continued support for you throughout the process – including handling all legal, tax and financial implications, and overseeing the distribution of assets. Furthermore, we are able to help resolve any inheritance or Will disputes that may arise.
When it comes to making a Will, we will ensure you include all your wishes for your loved ones and advise you on making the most of your assets.
Make an enquiry today
For advice and assistance with probate, you can arrange a face-to-face consultation with one of our specialist solicitors in our Bartletts Solicitors Hoole office at Martins Bank Chambers, 31 Hoole Road, Chester CH2 3NF or by calling 01244 311 633. You can also contact our specialist lawyers by calling us on 0800 988 3674.