Probate is a term used to deal with the legal process of dealing with a person’s estate after their death.

There are various stages involved in dealing with an estate, starting with registering the death, announcing the death, and arranging the funeral, which are matters that are usually handled by the family or friends of the deceased.   Once these matters have been attended to, steps should be taken to locate the whereabouts of the deceased’s Will.

Whether or not there is a Will in place, it is likely that an application will need to be made for ‘Grant of Representation’.  A Grant of Representation is a court sealed legal document which is issued by the Probate Registry and it is a term used collectively for all types of Grants to an estate.  When handling an estate, you may also come across the term ‘Personal Representatives’, which describes the persons who administer the estate, whether that is the Executors appointed under the deceased’s Will or the Administrators, who act in the absence of a valid Will and in certain other circumstances.

If the deceased left a Will, the type of Grant that is issued to Executors is called ‘Grant of Probate’.  Where there is no valid Will, the type of grant that is issued to Administrators is known as ‘Grant of Letters of Administration’.

Most financial institutions will require sight of the Grant of Representation before they will release the deceased’s monies, although this may not be the case if there are small amounts of money involved.  If the deceased owned a property or shares, a Grant will certainly be required.  We can help you with this process by taking care of all the paperwork involved, which includes preparing and submitting a HM Revenue & Customs Account and an Oath, which the Personal Representatives are required to swear in the presence of a Solicitor / Commissioner for Oaths.  If there is inheritance tax payable on the estate, this must be settled (in some cases fully and in some cases partially), before the Probate Registry will issue the Grant of Representation.

After the Grant of Representation has been obtained, the Personal Representatives must collect in the deceased’s assets, i.e. close bank accounts, sell or transfer shares, sell or transfer property, and deal with any legacies of money or personal items.  They are also required to settle any debts of the estate, including funeral expenses and administration expenses, out of the deceased’s funds. Personal Representatives are also responsible for sorting out any tax issues, including Inheritance Tax, Income Tax and Capital Gains Tax.  During the estate administration process, the Personal Representative should also publish Statutory Notices which protects their position and ensures that they do not remain personally liable for the debts of the deceased.

Personal Representative must keep the estate monies in a separate account to their own and prepare Estate Accounts on conclusion of the estate administration.  The Estate Accounts must show all of the estate transactions and the balance that is due to each beneficiary.

We have many years’ experience in dealing with the necessary legal procedures involved in administering a person’s estate in the UK and we offer friendly, efficient and effective legal advice to take the burden and stress out of the process.

We can offer appointments in person at our offices, home and hospital visits, take advice and instructions over the telephone or via internet video conferencing.