Applying for probate

Probate law concerns the legal position on administering a deceased person’s estate, and probate solicitors and lawyers are generally instructed to assist executors with applying for probate and estate adminstration . Executors are generally those persons named in a will by the deceased as individuals the deceased trusted to deal with the administration of his or her estate and who will make the application for probate . There can also of course be situations where a will is not made, in which case the rules governing administration of the estate and distribution of assets are contained in government made (statutory) rules known as the Intestacy rules.

A person or persons named as executors are not legally required to accept their appointment as executor. Sometimes probate solicitors and lawyers are named as executors and will charge for their services, but commonly executors are family members of the deceased who may also be beneficiaries under the will. Due to the technicalities of probate law or, all too commonly, family disagreements or disputes, executors may instruct probate solicitors and lawyers to assist with the administration and with help as to how to apply for probate.

At Darlingtons our specialist probate lawyers and solicitors, based in London and covering the local area including Edgware, Barnet, Harrow, Watford and Brent are here to assist you with cost effective, generally fixed price services to assist with the probate application process to ease your burden as executor at the most trying of times. Please contact us for an immediate discussion and quote for applying for probate from our probate solicitors & lawyers. We hope the general guidance which follows is useful for you. It is not intended to be legal advice, so please do contact us for specific information.

The Probate Process

When somebody dies, theer is a period, pending probate, when nobody has the right or obligation to, as it were represent the deceased legally. Assets (including property) in an estate will remain frozen until the Probate Registry gives legal authority (via a document know as a Grant of Representation) to the individual(s) nominated in the Will 

If there is a Will the estate will pass to the people named in the Will. If there is no Will certain rules known as the Rules of Intestacy will apply.
The probate process, depending on many factors but not least the type and number of assets and availability of information and supporting documents, can take from months to years.
 
An executor’s duties include drawing up accounts providing all the details of assets and liabilities and possibly to enable any necessary tax return to be completed. The executor must also:
  • Inform next of kin, close family and any potential heirs of the death and of his/her/their role as executor.
  • Possibly appoint a solicitor.
  • Obtain copy of will and carry out instructions within.
  • If necessary, register the death and assist with funeral arrangements.
  • Ensure assets are listed and if necessary made secure, for example, locating house keys and locking property.
  • Gather together vital paperwork, address book of deceased, wills, death certificate and any certified copies, personal effects such as handbag or wallet.
  • Gather all financial paperwork such as cheque books, bank statements, paying in books, credit card details, building society books, mortgage details and any cash.
  • Locate life insurance policies and paperwork such as membership forms, shares and stocks, bonds and pension information.
  • Find all household bills including those that are unpaid.
  • Collect together all tax records. At this stage do not dispose of things such as business related paperwork, tax records, wage slips etc even if they appear to be out of date.
  • If the deceased person is a business owner all paperwork relating to the business including VAT records and accounts will be needed.
  • Gather details of professional advisors such as accountants, solicitors etc.
  • Complete a tax return if needed..
  • Pay off any outstanding debts.
  • locate beneficiaries and possibly creditors and possibly advertise in local/national papers.
  • Distribute the assets after payment of liabilities, including any tax.
  • Executors should set up an account solely for the purpose of dealing with the estate so that any money paid to the estate is easy to see.

Is a Grant of probate always needed?

There are circumstances in which a formal grant may not be required, notwithstanding that it is always a safer to obtain one. Generally, if a deceased had very limited assets, it is possible that a Grant may not be needed, and the below factors may help in determining whether one is needed :

  • Has a bank or insurance company, National Savings or Government body, holding the Deceased's money or policies or pensions, asked for a Grant?
  • Did the Deceased own property (house, land & buildings) at the date of death and which was not held as 'Joint Tenants'?
  • Ddid the Deceased own property (house, land & buildings) at the date of death and which was not held as 'Joint Tenants'?
  • Did the Deceased have more than £5,000 in total Estate left at the date of death?
  • Did the Deceased have foreign money or property at the date of death?
  • Did the Deceased have business interests, beyond just self employed trade?
 
How can we help ?

We can :

  • Help determine the size of an estate for Probate and Inheritance Tax purposes
  • Prepare an application for the Grant of Representation on your behalf and help lodge the required forms with the relevant organisations to collect monies  due to the estate and settle any outstanding debts
  • If a deed of family arrangement saves tax we can advise and guide
  • We can arrange the transfer or sale of any shares and work with our Residential Property Team to handle the sale of any property or land owned by the deceased
  • Assist in many other ways and aspects on probate law and procedure
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