In this blog, we’ll demystify probate – explaining what it is, what’s involved, and how a solicitor can be an invaluable partner in managing the process.

What is Probate?
Probate is the legal process of managing a deceased person’s estate, including property, money, and possessions. It ensures assets are distributed to rightful beneficiaries, either per the Will or the Rules of Intestacy if no Will exists.

A Grant of Representation may be required to collect assets, pay debts, and distribute the estate. This court-issued document confirms the authority of the executor (if there’s a Will) or administrator (if there isn’t). Simple estates with valid Wills may not need a Grant.

Who Needs to Apply for Probate?

• Executor: If the deceased left a valid Will, the executor (the person named in the Will) may need to apply for probate.
• Administrator: If no Will exists, an administrator must apply to deal with the estate under the Rules of Intestacy.

Not all estates require probate. Small or straightforward estates, or those with jointly owned assets, may not need formal probate.

However, complex estates involving properties, investments, or inheritance tax typically require probate and legal advice to ensure proper administration.

What’s Involved in the Probate Process?
While probate can vary depending on the complexity of an estate, the general steps involved are:

1. Finding the Will: Locate and verify the Will to identify the beneficiaries and executors.
2. Valuing the Estate: Inventory assets, assess debts, taxes and determine any inheritance tax liability.
3. Applying for the Grant: Obtain legal authority for the executor or administrator to manage and distribute the estate.  Inheritance tax may need to be paid, in part or in full, to obtain the Grant.
4. Settling Debts and Expenses: Pay all outstanding debts, funeral costs, taxes and estate administration expenses.
5. Distributing the Assets: Remaining assets can be distributed to the beneficiaries as outlined in the Will or under the Rules of Intestacy.

These steps can become complex with larger estates, intricate assets, or multiple beneficiaries, making legal guidance invaluable.

How Can a Solicitor Help with Probate?
Many people wonder whether they really need to hire a solicitor for probate or whether they can handle the process themselves. While you can apply for probate yourself, it can be overwhelming with disputes, uncertainties, or complex assets. Sometimes executors and administrators miss dealing with important aspects of the estate administration, as they are simply unaware of the legal considerations in an estate.  A solicitor can offer the following benefits:

1. Expert Guidance and Clarity
The probate process involves numerous legal terms, forms, and responsibilities. A solicitor will break this down into clear, manageable steps tailored to your situation. They’ll ensure that you understand every part of the process and can make informed decisions at every stage.

2. Saving Time and Reducing Stress
Handling a loved one’s estate is emotionally taxing at the best of times. Solicitors can handle much of the administrative work involved in the probate process, allowing you to focus on grieving and supporting your family.

They’ll take care of applying for the relevant Grant of Representation, dealing with all the aspects necessary in an estate administration. This means you can rest assured that the process is in capable hands.

3. Resolving Disputes
Unfortunately, probate disputes can arise. These might include disagreements between family members about the terms of the Will, concerns about a Will’s validity, or arguments about how assets should be distributed. A solicitor offers impartial advice to resolve disputes professionally and avoid costly conflicts.

4. Ensuring Tax Compliance
Inheritance tax can be a complex area, and failing to account for or pay it correctly can cause delays, penalties or legal issues. A solicitor with experience in probate will ensure that all tax considerations are dealt with and would advise if a tax specialist would need to be consulted with if required in a complex estate.

5. Managing Complex Estates
Some estates are simple, while others involve complex assets and legalities. These complexities can make probate significantly more challenging without expert guidance. Solicitors have the experience to navigate these situations, ensuring that assets in an estate are properly accounted for and managed suitably.

6. Providing Support Throughout the Process
Probate isn’t just about the legal and financial elements – it’s also a deeply personal journey. A skilled solicitor will offer empathetic support and guidance to executors and families throughout the process, helping you feel supported during an emotionally difficult time.

When Should You Contact a Solicitor?
If unsure about legal support, contact a solicitor promptly, particularly if:

• The estate involves multiple properties, business assets, or international assets.
• You’re unsure whether a Will is valid or have concerns about the way the estate is being distributed.
• There is inheritance tax to consider.
• You are an executor or administrator and are unfamiliar with the probate process.
• There is any kind of dispute or uncertainty about the terms of the Will.

At Smith & Co Solicitors, we can meet with you to determine the complexity of your case and advise on the best way forward. Even if you decide to handle parts of the process yourself, consulting a solicitor can give you peace of mind you’re on the right track, and we work with our clients offering a tailored experience to suit our clients’ needs.

Don’t hesitate to reach out – help is available when you need it most. Telephone 01473 226231 and speak to Rachel Brinkley, Deputy Head of Private Client (and Training) or email rachel.brinkley@smithandcosolicitors.co.uk