PROBATE

Probate Solicitors, Alderley Edge, Cheshire

When someone dies, his or her Estate must be administered to deal with the deceased person’s remaining affairs and assets. This can be done by applying for:

  • A grant of probate (if they have a Will)
  • Letters of administration (if they died intestate without a Will)

Both routes are carried out in the same way. A grant of probate is an official document that is issued by the probate registry. Probate gives you the legal right to deal with the person’s property, money and their possessions, which are known as their Estate. Probate can be a time-consuming process during a difficult period after a loved one’s death. Our specialist solicitors can help you through this process and act on your behalf to relieve your burden.

What is the probate process?

Probate doesn’t apply in certain circumstances. For example, if the person who died jointly owned land, property, shares or money, then these automatically pass to the surviving owners.

If the Estate is worth less than £5,000, probate may not be needed. However, some organisations may require a grant to release funds, even if there’s only a small amount of money.

The executor of a Will can apply for probate, or they can use someone else such as a solicitor to do this on their behalf.

The process to apply for probate is as follows:

  • Check if there is a Will. And if there is one, continue as follows.
  • Apply for a grant of representation, to give you the legal right to access relevant information such as the deceased’s bank accounts. (This isn’t always required and is dependent on the circumstances of the Estate.)
  • Value the Estate and complete a tax return, then pass this information to HMRC. Pay any inheritance tax that is due, which will depend on the size of the Estate. Some of the inheritance tax is normally due before probate is given but the executor can claim this back from the Estate or beneficiaries if they pay for it themselves.
  • Apply for a grant of probate. You can do this online or by post.
  • Collect in the assets from the Estate. For example, if you sell any of the deceased’s property, this must be put into the Estate’s funds. It is possible to apply for financial assets to be transferred into an agreed ‘executor account’.
  • Pay off any outstanding debts (rent, utility bills, etc.). Solicitor fees that have arisen due to probate can be paid from the Estate’s assets.
  • The Estate accounts need updating relating to how property, money or possessions will be divided between any beneficiaries.
  • At this point, you can distribute the assets to the beneficiaries as stated in the Will.

If there is no Will, the next of kin can apply to be an administrator of the Estate (this is the same as applying for probate) and you’ll receive letters of administration to prove you have the right to deal with the Estate.

A person can stop a probate application where there is a dispute over who can apply or whether a Will exists. This is known as ‘entering a caveat’. ​​The caveat lasts for six months at first, and you can then extend it for another six months.

WHO CAN APPLY FOR THE GRANT OF PROBATE?

The people who have the right to apply for a Grant of Probate are the Personal Representatives (PRs) of the estate. PRs are either the Executors named in the Will or the next of kin, following the Rules of Intestacy if there is no Will. There are different types of Grant depending both on the circumstances and who is dealing with the estate.

The administration of an estate can be a time consuming and complicated process. However, we are able to lessen the stress and inconvenience by guiding you through the process and dealing with all formal aspects of the administration of the estate, at a time when you and your family are coming to terms with your loss.

Contact our Probate Solicitors, Alderley Edge, Cheshire

Executors applying for probate may be dealing with their own grief at the same time. Our experienced solicitors can help you deal with the probate process.

Pricing

All probate works are undertaken on the hourly charging rate for the relevant legal professional. Pricing will be discussed at the initial meeting and a cost estimate provided.

We also charge 1.5% of net residuary estate (in accordance with the Law Society’s guidance).

Our fees will vary depending on the terms of the Will, the nature of the intestacy, and the complexity and value of the Estate. As a guide, the fees for full administration will typically start from £2,500 to £5,000 plus VAT and disbursements.

Call our specialist solicitors and lawyers now on 01625 460281 for a no-obligation consultation with one of our team. Or email info@dlssolicitors.co.uk

Call us on 01625 460281 for a no-obligation consultation with one of our team. Or email info@dlssolicitors.co.uk