The estate administration process can take months or even years in very complicated cases. Personal representatives can make personal applications to the probate registry. However, few people have the time to spare or the ready knowledge at hand to deal with these situations as well as they should, which is why it makes sense to instruct a probate lawyer for specialist legal advice. As such, it is important to employ the services of one of our estate planning lawyers to help the probate process go as smoothly as possible.
On death, the executors named in the will of the deceased (or the appointed administrators, where there is no will) are responsible for dealing with the administration and distribution of the estate. In most cases it is necessary to obtain a grant of probate, which is a legal document that formalises the appointment of the executors.
The role of executor can include registering the death, organising the funeral, ascertaining details of the deceased’s assets and liabilities, calculating and settling all tax liabilities (including the preparation and submission of inheritance tax forms), encashing and transferring assets and accounting to the beneficiaries.
Our probate solicitors are equipped to help you deal with all manner of issues following the death of a person close to you. From Inheritance Act claims to will contesting and contentious probate disputes, we’re here to help you do your best out of these difficult situations.
There is no set amount of time, so it will vary with each estate. The probate process won’t necessarily be quicker with a will in place. However, a properly drafted will can make things more straightforward and less complicated. Numerous factors can affect how long the process will take, such as when the application for the grant of probate was submitted, the death of an executor, outstanding inheritance tax, or if there are beneficiaries that can’t be contacted.
A grant of probate is evidence that the executors are the people who are entitled to administer the estate and receive the assets. Estate administration includes collecting the assets, paying the debts of the deceased and distributing the remaining assets amongst beneficiaries.
In the case of an uncomplicated process with a single beneficiary, it could take as little as 3 months but in more complex situations this could be between 6 to 9 months or even a few years.
The probate registry handles all probate applications in the UK. It issues documentation to grant executors the legal authority to deal with the deceased estate. The probate registry will issue a grant of probate if there is a valid will. If there isn’t a valid will it will issue a grant of letters of administration to the deceased’s next of kin.
In cases where a deceased person’s assets only include a small amount of money and they did not own property, or they owned property as ‘joint tenants’, probate may not be required.
In this episode, Fiona Taylor explains what probate is and the different approaches taken depending on whether the deceased has left a Will or if they have died intestate. She describes the various stages that are involved, from applying for probate to the distribution of the assets.
In this episode, Fiona Taylor talks about some of the common problems that she sees time and time again when she is administering estates. And ones that can cause quite a lot of headaches, but they are actually relatively easy to fix.
If you’ve been left out of a Will, or not been left as much as you need, you may be able to make a claim under the Inheritance Act. Our Inheritance Act solicitors can help you make a claim. We can also help if someone is making a claim on your inheritance.
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Our inheritance tax planning solicitors can advise you on how best to structure and deal with your assets to make the most of current tax-saving possibilities.
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Trusts may seem complicated, but they are a valuable way to retain control over your assets whilst placing them outside your ownership. The trust will allow the person who has made the gift to attach certain conditions to it. Trusts can be used as a way of managing wealth for you, your family or other beneficiaries.
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A Will allows you to choose exactly how your assets and possessions should be dealt with in the event of your death. You can give specific gifts to your family, friends or even charities. If you pass away without a Will everything you leave will be divided according to the fixed rules of intestacy.
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Lasting Powers of Attorney (LPA) allow you to make arrangements to ensure that if an accident or illness were to affect your mental capacity to act or make decisions for yourself, your personal and financial affairs will be looked after by a person(s) that you choose.
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If an individual loses the ability to make decisions for themselves; this could be due to a mental health condition or a severe learning difficulty, a sudden accident, medical negligence or dementia our Court of Protection solicitors can help.
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