Professional Probate Advice
Probate a Will offers professional probate advice and support for those named as an executor of a will, or a representative in accordance with intestacy law.
The probate process can be complex and time consuming, which adds an additional element of worry for people who are dealing with the loss of a loved one, Probate a Will can help every step of the way.
or simply give us a call on: 0203 985 9554
Executor Duties
Duties of an executor of a will are to ensure that the wishes of the deceased as stated in their will are carried out. Where as a personal representative will administer the estate in accordance with the rules of intestacy.
The various tasks involved in this are outlined briefly as follows:
- Valuation of the estate.
- Making an application for probate.
- Completing an inheritance tax return.
- Opening a bank account for the estate itself.
- Maintaining records and accounts for the estate.
- Informing the relevant service providers of the deceased and their estate, such as banks and utility supply companies.
- Paying any creditors of the estate, including funeral expenses, taxes and debts.
- Collecting any monies owed from shares, pensions and other forms of income.
- Distributing liquidised funds from the estate to the beneficiaries.
Probate a Will offer advice, information and guidance on all aspects of the probate process. Right from the very early stages of valuing the estate through to how to proceed in the case of a dispute.
When to seek specialist legal advice
In some situations, it is strongly recommended that you seek professional probate advice, such as in the case of the following scenarios:
- Intestate death (when no will is left).
- Disagreements or the likelihood of disagreements among the executors of the will; for instance, if there is a dispute as to whether or not to sell the family home.
- When there are trusts involved.
- If there is the potential for a dispute to arise concerning the contents of the will or intestacy law.
- When the estate is liable for inheritance tax, in order to lessen the potential liability.
- If the deceased left overseas assets.
In these situations, the probate process is likely to be more complex than usual, so often takes longer to resolve. Seeking qualified professional probate advice, or retaining an export to act on your behalf, will save you considerable amount of time and money.
Probate a Will can help and advise you on all of these things and more. We can take the worry away from you while you take care of your own needs.
Probate Guide
Save yourself time and effort with our complete Guide and Letters pack.
only £19.99
Executor Safeguard Guide
Stay protected and on the right track during the whole process.
only £9.99
Do I need to Apply for Probate?
In the vast majority of cases, before you can administer an estate you will need to be grated the legal authority to do so. The HM Courts and Tribunals Service or the probate registry have the powers to do this. Making the relevant application is known as applying for a Grant of Probate to probate a will, or applying for Letters of Administration in the case of an intestate death.
Certain institutions that hold the assets of a deceased person will accept a Small Estates Indemnity Form instead of a grant of probate – in situations where the deceased’s estate is valued at under £15,000. Other institutions will require a grant of probate for assets valued over £5,000. However, every financial institution is different, and each will have their own policies in these situations.
or simply give us a call on: 0203 985 9554
Making an Application for Probate
The very first step to take is to value the estate and determine whether or not inheritance tax will be due on it. All applicants will need to complete and return a PA1 form, then you will need a separate form depending on whether inheritance tax is due. This is the IHT400 tax return form for estates that are liable for inheritance tax, or the IHT205 form for estates that are not liable.
Once your paperwork has been submitted, you will be required to attend a formal interview and swear an affidavit stating that all of the information that you have provided is true. Assuming no complications arise at this stage, a legal document will be issued giving you control of the deceased’s estate.
or simply give us a call on: 0203 985 9554
Avoiding Confusion
As you can imagine, gaining the authority to control the financial and legal affairs of another person after their death is not always straightforward. More so there are several major areas of confusion when it comes to the application process and how to proceed.
The main issue is that many people assume that there is one standard probate application form for all situations. When in fact there are different requirements for a Grant of Probate versus a Letter of Administration.
Another common misconception is that probate is required whether or not the deceased left a will – death without a will is referred to as an intestate death. In this situation, the law decides how the estate is dissolved, and who will oversee this process and handle the deceased’s affairs.
This can of course cause disputes and disagreements between the loved ones left behind. At what already is likely to be a tough time with emotions running high, potentially leading to contentious probate. Naturally, few of us would wish this to happen after our own deaths, a situation like this can lead to repercussions for the loved ones left behind.
Some people believe that a Letter of Administration is an umbrella authorisation that any legal advisor or solicitor can prepare, but this is not the case either; the formal application and interview process must be followed, in order to ensure that the executor attains the appropriate powers in law.
How Can We Help You?
- Professional advice and guidance on all aspects of the probate process.
- Help with application, deed of variation, caveats and overseas probate.
- Communicated to you in clear and plain English, by qualified advisors.
- Nationwide coverage allows you to book in-person appointments conveniently.
- Years of experience dealing with a wide variety of probate instances.
Call our Free Probate Advice line:
Or send us an email: