Probate is a document which gives the executors of a Will the legal authority to deal with the estate. It can include 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 there is no 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.

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.   

This is often a lengthy and complicated process, which must be conducted according to a set of rules laid down in law. Our experienced solicitors have existing relationships with many of the organisations that will need to be contacted, and can help by explaining what’s needed, and guiding you though the complexity of sorting out the estate.

• 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.