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Probate

The word “probate” comes from the Latin meaning “prove”. This is why any person who is applying for Grant of Probate must prove, as a point of public record, that they are who they say they are and have the right to handle the deceased person’s estate.

Whether you are an executor or the next of kin, our experienced, caring team of solicitors can provide practical guidance to help you deal with the administration of someone’s estate and apply for a Grant of Probate.  

We can help you determine the size of an estate for the purposes of Probate and Inheritance Tax.  We can prepare an application for a Grant of Probate on your behalf and will deal with payment of any Inheritance Tax due, lodging the required forms with the relevant organisations to collect monies due to the estate.

First steps in estate administration

When someone close to you dies, the Executor has to administer their estate and if necessary, apply for a Grant of Probate. A person’s estate is made up of the assets, property and possessions they had at the time of their death. 

The process of administering an estate involves collecting in assets of the estate, settling any debts due (including outstanding taxes), paying any legacies and distributing the estate amongst the respective beneficiaries.

All assets (including property) in an estate will generally remain frozen, until a Grant of Probate is granted to the executor.  If you do not have a Will, then the law prescribes who will act on behalf of the estate, usually a family member.

If there is a Will, the estate will pass to the people named in the Will. If there is no Will, the rules of intestacy will apply, these set out the way in which the estate is to be divided and may not necessarily be in accordance with your wishes.

After settling any outstanding debts and payment of legacies, we can prepare estate accounts and distribute the estate to the beneficiaries and our Property Services team can deal with the sale or transfer of any property or land owned by the deceased.

Executor key tasks

If you are an executor, you should be aware that your role comes with a number of responsibilities for which you may be personally legally liable. The following list highlights just some of the aspects of an estate which will hold potential risks.

• Ensuring that you are working from the latest valid Will.
• Conducting a search to identify all the financial assets that have to be taken into account.
• Conducting a section 27 search to ensure that all outstanding debts are identified and taken into account.
• Ensuring all taxes have been correctly calculated and paid.
• Realising fair value for the deceased’s assets, from property through to personal possessions such as jewellery, art or furniture.