Susanne White Private Client Solicitor
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Monday - Friday 8am - 6pm
Appointments outside of these hours are available on request
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Probate
Dealing with the death of a loved one can involve many challenges, both emotional and practical. If you are also an executor, you may find yourself in an unfamiliar situation with unusual and confusing terminology.
Where there is a Will
The executor’s appointment in the Will operates from the date of death. Although their appointment is not confirmed until the Probate Registry issues a legal document called a grant of probate authorising the executor(s) to collect in assets and pay debts, the executor has the authority to make decisions and deal with many aspects of the estate immediately. The role of an executor is an important, lifelong position. If any claims come up in the future from the estate, it will be up to the original executors to sort them out.
Where there is no Will
If there is no Will, the situation is a little more complex. No-one can make any real decisions until the Probate Registry issues a legal document called a grant of letters of administration appointing the administrators and authorising them to collect in the assets and pay debts. The grant cannot be applied for until the estate has been properly valued and any tax paid and there is nobody officially in charge until that point. Accordingly, it can be more complex, time consuming (and sometimes more expensive) than the position where the deceased person left a Will. Administrators are effectively governed by the intestacy rules which establish the person or people entitled to take out the grant and who will inherit the estate.
Here for you
I have over 25 years’ experience dealing with probate and estate administration and can offer as much or as little support as you need.
There are several advantages of instructing me as your solicitor including reducing errors and delays and addressing complex issues particularly with higher value estates. Most importantly of all it allows you to focus on your emotional well-being and family support safe in the knowledge the legal aspects are dealt with as quickly and efficiently as possible. In short, my role is to make a difficult period less stressful.
My services include:
- Advice on registering the death.
- Obtaining the grant of probate or letters of administration.
- Valuing the estate.
- Collecting the assets.
- Paying any liabilities of the estate.
- Distributing the assets in accordance with the terms of the Will or intestacy rules.
- Preparing inheritance tax returns and arranging payment of any inheritance tax due.
- Preparing estate accounts on behalf of executors or administrators.
Frequently Asked Questions
Probate is the legal process that gives the executors authority to deal with someone’s estate after they die. It’s usually needed if the person owned property or had significant assets in their sole name.
A death is normally registered by the next of kin such as the surviving spouse or adult child of the deceased or an adult living with the deceased at the time of death. Other people entitled to register the death are a person who was present at the time of death or the person responsible for arranging the funeral such as the executor appointed under the terms of the Will.
Most straightforward estates take 6–12 months from start to finish. Timescales depend on HMRC processing, the complexity of the estate and whether a property needs to be sold.
Yes, I can take care of the entire probate and estate administration process for you from start to finish. Many families choose this option because probate can feel overwhelming, especially when you’re grieving or dealing with complex paperwork.
No, any debts are paid from the estate of the deceased person’s estate. If the estate is insolvent once again the executors will not be personally liable and any debts under these circumstances will be written off.
Yes, but many people find the process overwhelming. I can handle the full probate process for you, ensuring everything is completed correctly and efficiently.
You can market the property, but you cannot complete the sale until the Grant of Probate is issued.
Costs depend on individual circumstances however I offer an initial free non obligatory meeting to obtain all relevant details. Following this meeting I will provide a breakdown of costs which are always on a fixed fee basis.