Probate and Estate Administration Solicitors
Expert help when managing the affairs of a loved one
For some, being the executor of a loved one’s estate is an honour. For others administering their estate while grieving their loss is overwhelming. Not only can this cause more stress and upset, but it can also lead to costly mistakes.
Our Probate and Administration solicitors can offer practical support and guidance. We can also take on the responsibility of administering the estate so you can process your loss.
What is probate?
Probate is the legal process of administering a deceased person’s estate. This involves:
- Identifying and valuing the deceased person’s assets and liabilities
- Paying off any debts and taxes owed by the estate
- Distributing the remaining assets to the beneficiaries named in the will
- If the deceased didn’t write a will, distributing those assets according to the rules of intestacy
- Carrying out the deceased person’s wishes as far as possible
Do I need a solicitor to apply for probate?
You do not legally need a wills and probate solicitor to apply for probate. In fact, many people deal with probate and the administration of estates on their own.
However, the process is often complex, time consuming and labour intensive. It can involve lots of complicated legal jargon, tax calculations and paperwork.
As an executor or administrator, you are legally responsible for administering an estate. As such, you will be liable for any mistakes or oversights.
When is it best to hire a probate solicitor?
Dealing with probate is often complicated and hard work. Especially if things do not go according to plan.
You may need a probate solicitor if:
- You do not have the time or expertise to deal with it yourself
- The will features foreign properties or assets
- Where income or capital gains need reporting
- The will features trusts
- If there is no will
- There is disagreement among the beneficiaries or potential beneficiaries
- There are legal challenges to the will or the distribution of the estate
- The estate is insolvent
- The estate is subject to inheritance tax
We can help make the process as straightforward and stress-free as possible.
International probate
If a loved one passes and they owned assets in more than one country it can be extremely complex and time-consuming to administer their estate without the help of someone experienced in dealing with international probate.
Why choose Rothera Bray probate and estate administration solicitors?
At Rothera Bray, we can provide as much or as little help as you need. We offer a range of services to help you through the process. These include:
- Advising you on your legal rights and responsibilities as an executor or beneficiary
- Assisting with the valuation and distribution of assets
- Preparing and submitting the necessary paperwork to the probate registry
- Dealing with any legal challenges to the Will or the distribution of the estate
- Liaising with HM Revenue and Customs to make sure you meet all tax obligations
- Managing any disputes that arise between beneficiaries or potential beneficiaries
Our estate solicitors have vast experience in supporting executors and estate administrators. We understand how difficult it can be to administer an estate. Especially when you are grieving the loss of a loved one.
We can offer a high level of expertise when you need it and take some of the responsibility away from you.
Probate and Estate Administration Solicitors FAQs
Do you always need to apply for probate?
There are circumstances when you do not need to apply for probate; These are;
- When an estate is joint owned by a spouse or civil partner as the estate will pass onto the surviving partner
- If the value of the estate is less than £5,000
- If banks or building societies agree to release funds without a Grant of Probate
If you are not sure if you need to apply for probate or not, we can help.
Do I have to wait 6 months from the grant of probate to distribute the estate?
You do not have to wait.
However, under the Inheritance (Provision for Family and Dependants) Act 1975, claimants have 6 months to start a claim against the estate.
If someone tries to make a claim against an estate that has already been distributed, it could cause huge legal problems.
As a result, it is advisable to distribute the estate 6 months after the Grant of Probate has been issued. This does mean that the estate might be distributed for well over a year.
What happens if someone dies without making a Will?
In the UK, more than 1 in 5 people die without making a will.
When someone dies without a will, their next of kin usually administer their state according to the rules of intestacy.
When there are not any relatives to administer the estate, the HM Treasury take over and any assets go to the Crown. This means the money goes to paying off the national debt or to charity.
Administering the estate of someone who has died without a will can be extremely complicated.
Our specialist estate administration solicitors can help.
How long does probate take?
Probate takes a minimum of 6 months. However, on average, probate process takes around a year to complete. This is from the date of death to the distribution of the estate.
Once the Grant of Probate has been issued, it usually takes around six weeks to distribute the estate
What if an estate's debts are more than its assets?
If the debts of an estate are more than the assets, the estate is insolvent. In this case, you must pay the debts in order of priority.
- Secured debts – these are debts that are secured against a property. If the estate does not have enough money to pay all debts, it must be shared between creditors in proportion to what is owed.
- Funeral expenses – These must be reasonable, considering the total amount of debt.
- Probate costs – These are the costs incurred when executing the will and administering the estate. These include reasonable legal fees.
- Preferential debts – If the deceased employed someone, their wages are a preferential debt.
- Interest – on unsecured loans and credit cards.
- Deferred debts – including debts to family and friends.
We take away the burden of administering someone's estate, ensuring that all probate processes and payments are completed correctly, giving you peace of mind.
