Helping you through the difficult task of handling someone’s estate after they’ve passed away.
Losing someone you care about is never easy, and the task of dealing with their affairs can seem daunting and upsetting. We can provide clear explanations, with as much or as little assistance as you need, to guide you through the steps involved in dealing with their estate.
What is Probate?
Probate is a document that gives the executors of a Will the legal authority to deal with the estate. This means they can do things such as clearing any debts and expenses, paying tax and distributing the person’s assets as outlined in their Will. The person who takes on this task is the Executor, and will have been appointed to the role in the deceased’s Will.
If a person dies without leaving a Will, the nearest family member can apply to be the late person’s Administrator, and will administer the estate in accordance with intestacy rules. There is a legal order of people who can apply.
When to apply for Probate
In most cases, if you’re an Executor or an Administrator of an Estate, you’ll need to complete a grant of probate form before you can settle someone’s affairs. Our probate solicitors can help you with this, and the important task of completing an inheritance tax return prior to applying for probate.
The time needed for probate varies. On average, an estate that has no tax payable may be dealt with within 6-9 months.
A more complex taxable estate is likely to take longer. Typically, obtaining the Grant of Probate takes 18-40 weeks. Assets are then collected, which can take 6-8 weeks. Once this has been done, we will ensure any liabilities and expenses are paid, clear any taxes due and then distribute the assets, which can take between 4 weeks and 12 months, depending on whether there are any HMRC issues.
Administering an Estate
This is often a lengthy and complicated process, which must be conducted according to a set of rules laid down in law.
Our experienced probate solicitors have existing relationships with many of the organisations that will need to be contacted. This means they can help by explaining what’s needed and then guide you through the complexity of sorting out the estate.
We can help you with:
Locating and checking the terms of the deceased’s Will and explaining it to the beneficiaries.
Collecting and sorting through documents and paperwork to identify assets and liabilities.
Notifying relevant organisations and obtaining valuations.
Completing the inheritance tax return and claiming the appropriate allowances.
Arranging payment of any inheritance tax.
Preparing the Executors’ oath and arranging for its signature.
Upon issue of a Grant of Probate (or Letters of Administration), providing it to appropriate organisations and closing accounts.
Dealing with the sale of any properties or land.
Advising beneficiaries on any variation to the Will they may want, and preparing the Deed of Variation within the appropriate time limit.
Paying any income and capital gains tax and arranging closure of HMRC records.
Preparing estate accounts and distributing the estate.
If you’re looking for Will solicitors or Probate solicitors in Newbury, Hungerford, Marlborough or in fact anywhere in the UK, we’re here to help.
Fixed-Fee initial consultation
We understand that there’s a lot to consider when dealing with probate and the administration of a person’s estate.
To help you take the first step and to answer any questions, we offer a fixed-fee initial consultation of £200 +VAT for 30 minutes, which can be deducted from any further costs should you decide to instruct us to act for you on this or another matter.
Our probate and estate administration legal team are here to help you through the process with care, sensitivity and specialist legal advice. You can contact us by phone, email or by calling into our office.
“May we take this opportunity to thank you very much for all the careful work you have done on this. You have somehow managed to make the process so smooth whilst always expertly guiding us at each stage – particularly as the process took some time with the selling of our mother’s cottage. We are extremely grateful for everything.”
Client feedback for Alison Richardson
“Sam and his assistants have been so helpful and efficient and enabled everything to proceed smoothly to finally sorting the HMRC payment today… such a relief to be able to pack my box of paperwork away.”
Client feedback for Sam Haines
“I would once again like to thank you for the kind and considerate way you have dealt with this. From doing the wills when my wife was not well and with me who was finding things difficult afterwards.”
Client feedback for Alison Richardson
“Many thanks for your kind, prompt, and efficient assistance in this matter, it is much appreciated.”
Client feedback for Emily Payne
“I would once again like to thank you for the kind and considerate way you have dealt with this. From doing the wills when my wife was not well and with me who was finding things difficult afterwards.”
Client feedback for Alison Richardson
“Thank you so much for dealing with my mother’s estate, it is a sad time for my family and you and the team have made it a painless process.”
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