Probate
Losing a loved one is an emotionally challenging time and naturally, it can be incredibly difficult to consider and manage the legal aspects that follow.
During this tough time you may need the support of a sensitive probate solicitor to help you seamlessly navigate the probate process and resolve any disputes.
Our expert probate team will help you to administer your deceased loved one’s estate, carefully guiding you through each stage and explaining each step along the way.
We prioritise making the law accessible and catering to the individual needs of our clients. Through tailored guidance, we will help you understand your responsibilities in dealing with the estate administration.
Our probate solicitors can assist with:
- Gathering and valuing the deceased’s estate
- Applying for a Grant of Probate or Grant of Letters of Administration
- Support with estate administration
- Contentious probate matters
Contact our probate solicitors
Contact our probate solicitors team in Bury St Edmunds, Cambridge, Ipswich, Leeds and Norwich. If you prefer, you can fill in our short enquiry form, and a member of our team will be in touch.
Our probate solicitor services
Gathering and valuing the deceased’s estate
Whether you have been appointed to act as an Executor in the deceased’s Will or seeking to administer the estate of someone who died intestate, we can support you through every step of the probate process.
Our dedicated team can help you gather information about the deceased’s assets, savings, debts and property, and then proceed to value the estate.
Our probate legal services are designed to make the probate process as seamless and efficient as possible. Our lawyers aim to make the process straightforward and efficient,
If you require probate advice, please do get in touch with our expert probate solicitors at Ashtons Legal.
Applying for a grant of probate
If you have been appointed as an Executor, you will need to apply for a Grant of Probate in order to administer the deceased’s estate.
Ashtons Legal can help you navigate which application is required as well as accurately completing the necessary forms on your behalf. Our probate team ensure that the process is done correctly from the outset, reducing the risk of future setbacks and delays.
Once you obtain the Grant of Probate, you will have the legal authority to administer your deceased loved one’s estate in accordance with the instructions in their Will.
Support with estate administration
Acting as an Executor in the administration of an estate comes with a number of responsibilities including, but not limited to:
- Calculating any Inheritance Tax due and arranging payment
- Preparing and submitting the necessary returns to HMRC (if applicable)
- Preparing and submitting the probate papers to the Probate Registry
- Settling any costs and disbursements, such as probate fees, legal fees, and any debts
- Distributing the deceased’s estate amongst the beneficiaries
Our expert solicitors at Ashtons can support you with all of these duties and any other aspects of the estate administration.
The administration of an estate can seem daunting, but with the correct legal advice and our experienced team working to help you, we can make each step as stress-free and smooth as possible.
Where the deceased passed away without a Will we can advise on who is entitled under the intestacy rules to apply for the Grant of Letters of Administration, as well as provide support on the necessary steps that need to be taken to administer the estate effectively.
Contentious probate matters
Contentious probate occurs when disputes arise over the administration of the estate, whether due to concerns that the Executor is not fulfilling or undermining their duties under the Grant of Probate or because of the validity of the Will itself being challenged.
We have extensive experience assisting clients with contentious probate matters and can provide all the support and guidance needed to help resolve any disputes. In most cases, we help clients reach a resolution outside of Court, including through mediation.
Why choose our probate solicitors?
Our probate lawyers at Ashtons Legal take a practical and proactive approach to every case. We will always seek to understand what your priorities and needs are, ensuring that you receive bespoke support.
We have years of experience, working with a wide range of clients and estates, ranging from simple to multimillion pound estates.
We are able to offer you an initial fixed fee consultation, followed by a written report. Following that initial discussion, we will then have a clear understanding of the estate and can offer you a precise fee quote.
To learn more about out probate solicitors and our team, please do not hesitate to get in touch.
Frequently asked questions about probate solicitors
What is probate?
Probate is the legal and financial process of distributing the estate of a deceased individual. This includes validating the will, confirming the authority of the chosen administrator, distributing the assets, as well as paying inheritance tax and any debts. A Wills solicitor can advise you on how to validate a will.
When is probate required?
In order to effectively conduct the estate administration, probate is usually required, particularly where the deceased owned property or significant assets. If the deceased had a low value estate or an estate made up of possessions and cash only, probate may not be necessary.
How long does probate take?
This will vary based on the size and complexity of the estate. A simple estate can take in the region of a year to finalise.
How much does probate cost?
If the estate is worth £5,000.00 or less there is no application fee. If the estate is worth more than £5,000.00 the application fee is £300.00 is £16.50 per additional copy.
If you choose to instruct a probate lawyer this will increase the overall cost, however, these fees are usually paid from the estate.
How to apply for probate?
Probate applications can be made online or by post, the correct application method will be dependent on the individual circumstances of the estate. To ensure you receive appropriate legal advice and support, it is advisable to instruct a solicitor. A solicitor can confirm the correct application method, assist with the application process, and safeguard your interests.
What happens if you don’t apply for probate within 6 months?
Whilst there is no strict deadline for applying for probate, failing to apply within 6 months can put you in a precarious position regarding the payment of Inheritance Tax, including interest and financial penalties.
Failure to apply for probate will usually leave you unable to effectively administer or distribute the estate, although there are some exceptions to this. Unreasonable delays in dealing with the estate administration can also increase the risk of contentious probate disputes arising.
What is the next step after probate is granted?
Once probate is granted the personal representative can begin to collect in the assets of the estate, following the instructions in the Will or intestacy rules, paying any Inheritance Tax liability, and settling any debts.
What assets do you have to declare for probate?
All assets owned by the deceased will need to be included when calculating the gross and net values of the estate, including any interest in property, shares, money in bank accounts and/or investments, as well as any outstanding liabilities as at the date of death.
Can a house be sold before probate?
In the vast majority of circumstances, the deceased’s house cannot be sold before probate is granted. There are certain exceptions to this rule, however, for instance, if the property is jointly owned by a surviving spouse.
Contact our probate solicitors
Contact our probate solicitors team in Bury St Edmunds, Cambridge, Ipswich, Leeds and Norwich. If you prefer, you can fill in our short enquiry form, and a member of our team will be in touch.