How Can a Probate Solicitor Help with the Probate Process?

The Probate process is not a well-trodden path for the majority of the UK population.

Concerning the distribution of an estate after death, it’s a vital legal process, but one that people seek to avoid thinking about, as it involves dealing with the passing of a loved one.

An understandably unsettling thought, when the time comes, it’s hugely beneficial to know what happens next and what you’d need to do to conduct the process.

By gaining this understanding, you’ll relieve the concern of stepping into the unknown, focusing less on the logistics and more on the important elements, dealing with grief and sharing strength with loved ones during a major life moment.

What areas of the process might sound daunting?

If you’re not familiar with the Probate process, certain terms and areas may sound daunting. That’s a perfectly understandable feeling.

Let’s try to decode some of the legal jargon so you’ve got a better understanding:

• Testator – This is the person who has made the Will and subsequently died, beginning this process of Probate.
• Executor – This is the person who has been named in the Will as the one to administer the estate of the deceased.
• Beneficiaries – A beneficiary, or beneficiaries, relates to the person who will receive part of or all of the estate documented in the Will being executed.
• Grant of Probate – When conducting the Probate process, a Grant of Probate will be required. This is a legal document that gives the executor authority to administer the estate of the deceased.
• Inheritance Tax – This refers to a Government tax on what is inherited, once it passes a certain qualifying amount for the tax to be applied.
• Settling liabilities – These are elements of an estate that require final payment before the estate can be administered; this could be a tax bill associated with it, for example.

You won’t be expected to know everything when it comes to Probate, but having a better understanding will help you feel more comfortable.

What are the steps in the Probate process?

In a legal process, the course of action is rarely fairly standardised, with a number of markers determining next steps. Providing a brief overview, here’s what you can expect from start to finish:

• Identifying a Will – Checks will be made to locate a valid Will that should have specific wishes for the estate in question. This may involve a National Will Register check.
• Locating all assets – Ensuring all relevant elements are highlighted, this important step will also identify any outstanding debts that will need to be paid by the estate.
• Forms – The drafting of the relevant HMRC forms and HMTCS (Probate Court) will commence at this point.
• Payment of Inheritance Tax – This next step also involves the application for the Grant of Representation, which confirms who is legally allowed to administer the estate.
• Assets and settling of liability – This point in the process involves the selling/closure of assets, settling of liabilities associated with the estate and final payments to those entitled to them.

No one wants this administrative process to endure any longer than is necessary during such a difficult time. By having this path laid out in front of you, there’s a reassurance knowing what comes next and also seeing the end of this administrative journey in sight.

How can a Probate solicitor support you?

The aftermath of the death of a loved one presents a uniquely difficult set of circumstances. On the one hand, there is the justifiable and understandable grief that can cause a range of emotions, from sadness to uncertainty to anxiety.

On the other hand, the World continues at a pace, with the consequences of death, in legal terms, requiring attention that you might not want or feel like you can give.

By engaging with a solicitor, you’ll not just be talking to a person but to a legal professional with experience in the matters at hand. Reducing stress around the process, it’ll save your time as you won’t be conducting every part of the Probate; instead, you’ll be updated regularly by the solicitor who will everything is done correctly and methodically.

This has the added benefit of avoiding mistakes, which can prove costly later down the line if it leaves an estate open to conflict and disagreement, feelings that can be exacerbated by the situation.

There are many scenarios where the skill and experience of a solicitor could be a calming, helpful influence, for example, if the estate in question is complex, with shares or business interests or multiple properties involved – or if no valid Will exists. Perhaps there is conflict within the family and resentment between beneficiaries that can make Probate far from straightforward.

By using the authoritative presence of a solicitor, this can often focus minds and keep everyone together as a resolution to the Probate process is sought.

How can you help with the process?

If the Will in question has appointed you the executor of the estate, there are plenty of things that can help speed up the Probate process.

If opting to use a legal professional, liaise with them regularly. This collaborative approach allows them to guide you on what needs to happen next and keeps you up to date with developments.

Keeping beneficiaries updated on progress and what to expect next is also an important part of ensuring the Probate process goes smoothly.

Some common tasks for an executor include communicating with the relevant banks and building societies to inform them of the death of the testator. You can do this yourself, or let the solicitor do this in a full administration capacity.

It’s one less thing for you to worry about and helps reduce the risk around checking for IVA’s (Individual Voluntary Arrangement), bankruptcy checks and ensuring estate accounts are accurate and all liabilities paid.

Ready to start?

Your solicitor will assist with the logistical and legal elements, but it is important to note that certain timeframes are unavoidable, and Probate shouldn’t be rushed.

Putting a set time deadline for this will only lead to disappointment and frustration. Ensuring it is done correctly is far more important.

If you’re ready to start the process, compare different solicitors to see which is more favourable to you and make sure you feel comfortable with them handling the process.

Both you and they have an important role to play.

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