Losing a loved one is a difficult time and dealing with their estate is often the last thing you want to think about but someone has to do it.
As well as closing accounts, selling or transferring assets and paying out to the beneficiaries there are also tax implications to consider, a court application to obtain a grant of probate and a number of other responsibilities that an executor must carry out to ensure that the estate is administered properly.
If you don't want to be bothered with the form-filling and phone calls and dealing with the administration of the estate I can take all the hassle out of it for you. From the application for the grant of probate right down to the final payment to beneficiaries and everything in between.
If you prefer to carry out the administration yourself and just need assistance in obtaining a grant of probate, I can assist with that too. Once you know what the assets in the estate are I can assist with completing the paperwork within 5 working days and get you on your way.
If you're not completely sure what you need or think you need something in-between then we can arrange a package which suits you. Happy to fill out forms and make phone calls but get stuck with tax returns? Have you sold a property but want to ensure proper distribution to the beneficiaries? Let me know what you need and I'll assist you for a fixed fee.
The Grant of Probate is a court document which is issued to give the Executors authority to deal with the estate of the deceased person. When the deceased person left a will it is called a Grant of Probate, where there is no will it is called a Grant of Administration and both can be referred to as a Grant of Representation. They are all essentially the same thing by a different name. Whether a grant is required depends on the assets the deceased person owned when they died, not whether they had a will.
The word probate is also often used to describe the process of estate administration. This includes obtaining a grant, if one is required, closing bank accounts, selling or transferring assets such as land or shares or whatever else the deceased owned and ensuring the beneficiaries receive their proper inheritance and all taxes and funeral expenses are paid.
An average of 6-9 months is often given but it varies greatly depending on the individual circumstances. If the estate is simple and below the inheritance tax threshold 2-3 months might be sufficient. Finding the appropriate information to prepare and file inheritance tax accounts can take 3-6 weeks before the process can really begin so this can slow things down quite considerably. Other things which commonly cause delays are delays in selling the house, if there is one, depending on the property market at the time, difficulty finding accurate information if the deceased did not keep good records of their finances and disagreements amongst the family about how things should be dealt with.
The simple answer to this is no. Someone who refers to an estate “going to probate” could be referring to any part of the process of dealing with an estate or obtaining a grant. There are many myths about probate which include the idea that the state can take your assets if you don’t make a will. This is true only in extreme cases where there is no close family to inherit.
Some simple estates can be dealt with without the assistance of a solicitor. You should always seek advice of a solicitor if the estate is over the inheritance tax threshold, you are concerned that there may be assets or debts that you are unaware of or cannot find information for or if there is a chance that someone will contest the will. Even if the estate is quite simple, it can be very frustrating and time consuming trying to obtain a grant and deal with the sale or transfer of assets if you are unfamiliar with the process. A solicitor can take all of the hassle out of it for you and often speed up the process.
This website is owned and operated by RAH Legal Ltd. Its legal professionals (Rachel Hodges and her team) provide their legal services through solicitors’ firm Carbon Law Partners. Carbon Law Partners is authorised and regulated by the Solicitors Regulation Authority. Its full details can be found at its website here: https://carbonlawpartners.com/team/rachel-hodges/. RAH Legal Ltd is a professional services company registered in England & Wales Company Number 11973318. Registered Address: 42 Wimborne Road, Pencoed, CF35 6SG.
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