Probate

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What is Probate?

When you die somebody has to deal with your estate including collating all your assets, paying any debts and distributing what is left to your beneficiaries. This process is called Probate.

Probate is often required to enable your assets (property, money etc) to be distributed following your death. Obtaining Probate is generally the responsibility of the Executor(s) of your Will.  If there is no Will, it is the responsibility of those people who benefit from your estate under the intestatcy rules. 

The Process of Probate

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Collecting Information

Collecting the information about all of the assets and liabilities of the deceased. This includes identifying and valuing all assets of the deceased. It also includes accounting for any taxes due.

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Applying for Probate

Preparing the Tax Returns and the applying to the Probate Registry for the Grant of Representation, either:

  • Probate (if you have left a valid will and an executor is acting)
  • Letters of administration with Will (if you have left a valid Will but no executor is acting)
  • Letters of administration (usually if you have no valid Will).

Asset Distribution

This starts by getting together all the assets. You then need to settle any outstanding liabilities and prepare the accounts for the estate. Finally, identify and locate all beneficiaries before distributing the estate among the beneficiaries.

The Probate Service is part of the Family Division of the High Court. It deals with ‘non-contentious’ probate business (where there is no dispute about the validity of a will or entitlement to take a grant), and issues grants of representation.

We can help with:

  • Valuing assets and liabilities at the time of death
  • Applying for Grant of Probate
  • Gathering in assets
  • Settling liabilities
  • Calculating tax
  • Producing estate accounts
  • Distributing the estate to the beneficiaries

We can also help in situations where contentious probate arises.

We offer a free consultation, at your home if that is more convenient for you, to discuss what needs to be done when someone dies. Just call us on 01727 840 240 for more information.

Our probate services are offered on a fixed fee basis. Please contact us for details.

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