What is Probate?
When someone passes away and leaves property, money, and possessions, this forms what is called an estate. Someone needs to sort out who gets what from the estate according to instructions written in a Will. This process is called estate administration.
The person who will administer and manage the estate is called a personal representative. Depending on if a Will was made, the personal representative will be either an Executor of the Estate or an Administrator of the Estate.
To deal with the estate, the personal representative may need to apply for a Grant of Representation. This proves their authority to administer the deceased’s estate. The form this takes will depend on whether someone has left a Will or not.
The process of applying for the Grant of Representation is called probate. This document authorises you manage the estate.
Once a grant issues and authority has been granted, the personal representative can begin with the estate administration process.
A probate solicitor can be instructed to help manage the numerous documents and help make an application. This can reduce stress, confusion and allow you to focus on dealing with other arrangements following the death of a loved one.
Contact us or call us on 0114 2743 481 to book your appointment today.
Services Offered by Our Probate Solicitors
Our probate solicitors can help you with the probate process by:
- Tracking down a Will.
- Filling out all Grant of Representation paperwork.
- Submitting all paperwork to the courts, providing copies to you.
- Advising you regarding the terms of the Will.
- Providing advice and information to you regarding your responsibilities as a personal representative.
- Help transfer property and close bank accounts.
- Deal with all estate administration and distribute the estate based on the instructions in the Will.
- Deal with any inheritance tax.
The main benefit of having a solicitor is that they make the probate process easier. They also reduce some of your stress will make sure that you have the best and most efficient outcome possible.
They can also deal with the entire estate administration process, from the initial probate process, all the way through the distributing assets to beneficiaries.
Contact us or call us on 0114 2743 481 to book your appointment today.
The Probate Process
How the probate process is managed depends on if the deceased left a valid Will or not.
If there is a Will
The Will should name an Executor of the Estate. This person will oversee getting a Grant of Probate.
If there is no Will
You cannot get a Grant of Probate without a Will. Without a Will, the law will determine who can apply for a Grant of Letters of Administration. This will be done through the rules of intestacy.
Grant of Representation
A Grant of representation is the general term for the legal documents needed in the probate process. These documents include a Grant of Probate and a Grant of Letters of Administration.
Grant of Probate
A Grant of Probate is a legal document. It gives a chosen Executor the power to manage a deceased person’s estate. This will give the Executor authority to:
- Collect and manage the assets in the estate.
- Pay any debts and expenses in the estate.
- Distribute assets in the estate according to instructions in the Will.
How to Get a Grant of Probate
You will need to get permission from the courts to carry out the instructions in a Will as an Executor. This authority will be given in the form or the Grant of Probate. To make an application for Grant of Probate you will need to follow these steps:
- Register the death.
- Valuate the estate, including the value of possessions, assets and gifts.
- Organise inheritance tax.
- Fill out the application forms correctly, include all subsequent paperwork and submit the application.
- Pay any fees.
If any of the above stages are completed incorrectly, this could delay the process. A probate solicitor can deal with the entire process on your behalf. This can ensure the process smooth and efficient.
Grant of Letters of Administration
A Grant of Administration is a legal document from the courts. It gives Administrator of the Estate the power to manage a deceased person’s estate. This is the process taken if there is no Will left by the deceased and no Executor is nominated. A next of kin will need to apply to the courts.
How to Apply for Grant of Letters of Administration
You will need to apply for a legal document from the Probate Registry. You will need to provide:
- Document proof of all assets.
- A valuation of all assets.
- A full outline of all debts owed.
- An evaluation and calculation of all inheritance tax involved.
- Pay all probate fees.
You will then need to fill out all paperwork, including inheritance tax forms, and submit to the registry.
If the probate application is not completed properly, it will be returned. This will cause delays. A probate solicitor can deal with the process on your behalf, ensuring no delays and a smooth process.
Contact us or call us on 0114 2743 481 to book your appointment today.
How Long Does Probate Take
The probate process is complex and can include unexpected problems. This can include disputes regarding the validity of the Will and issues with the personal representative, for example.
Estates that are simple to handle, like those with a valid Will, usually take 6 to 12 months for probate and estate administration.
In cases where there are complicating factors and inheritance tax to pay, this can last up to 18 months. Once our probate solicitors review your situation, they will give you more information. They will explain how long it may take to complete your matter.
Professional Executor
Howells Solicitors can act as a professional Executor of an estate. This can be a very useful option for the following reasons:
- If you a struggling to choose an Executor.
- There will be no conflicts of interest.
- The process will be completed more efficiently.
- Paperwork will be completed correctly avoiding any delays.
- There will be no disputes over who will manage the estate.
- It provides peace of mind the estate will be managed according to your wishes.
Contact us or call us on 0114 2743 481 to book your appointment today and discuss your options.
Howells Probate Solicitors
Our probate solicitors cover the entirety of South Yorkshire and Derbyshire, including:
- Sheffield
- Barnsley
- Rotherham
- Chesterfield
- Doncaster
- Peak District and the surrounding areas
- Derbyshire and the surrounding areas
You can arrange appointments face to face, or we offer telephone or video call options available. If you can’t reach our office, we could arrange for a member of the team to visit you at home.
Our probate solicitors can assist you with tasks such as:
- Applying for a Grant of Probate or a Grant of Letters of Administration.
- Identifying and collecting documents relating to assets.
- Valuating assets in the estate.
- Valuing and settling inheritance tax.
- Identify and pay any outstanding debts of the estate.
- Dealing with all estate administration duties according to instructions in the Will.
- Advise on complex estates if there is no Will left.
Contact us or call us on 0114 2743 481 to book your appointment today.
How Much Do Solicitors Charge for Probate
The fees for probate and estate administration depend on your situation. We are clear about our fees, which you can find here.