Why Would I Need Probate Solicitors Near Me?
The passing of someone near and dear to you can be a difficult time. If you are the executor or administrator of their estate, it can be a stressful one too. This is why many people assigned these roles end up searching for “probate solicitors near me”.
The probate process can require a lot of work. Many people want to focus on more personal matters during a time of bereavement.
But there are legal concerns too. These concerns are often due to the personal legal liability that comes along with administering an estate. Personal liability means that if something goes wrong with the probate process, you are at risk financially.
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In this article, we take a deeper look at what this means for you if you are involved in the probate process as well as other reasons that prompt searches for qualified probate lawyers:
What Is Probate?
Probate is the name of the process for administering what happens to the estate of someone who has passed away. A person’s estate consists of all of their money, property, and possessions.
The person responsible for carrying out this process is known as the executor (they will be named as such in the will) or the administrator (if there is no will and you are applying for the right to administer the estate as one of the people who can do so).
In both cases, you will still need to apply for the legal right to administer the estate even if you are named in the will. These rights are known as a Grant of Probate (if you are an executor) or a Grant of Letters of Administration (if you are the administrator because there is no will).
After you have gained that right, you can start the probate process. This process can take a long time and involve a great deal of responsibility even if the estate is a relatively straightforward one.
What Does The Probate Process Involve?
After someone passes away, you will need to register the death and notify the government about it. Following this, depending on your relationship with the deceased, you may need to check your benefits, tax, or pension situation (usually only if they were your spouse).
If you are the administrator or executor of the estate of the person who has passed, it will be your job to administer the estate. This means you will need to:
- Make sure that any outstanding debts left by the deceased are paid.
- Give any creditors the ability to claim what they are owed.
- Distribute or sell any assets (such as the deceased’s home) following the instructions laid out in the will.
- Calculate the total value of the estate – including all bank accounts, cash, and the value of assets such as investments or shares – and report that value to HMRC.
- Pay all of the required taxes, including Income Tax (from business profits, for example), Capital Gain Tax (from selling assets such as property), and Inheritance Tax.
Further complexity may be added if you are a joint administrator or executor of an estate. In this case, you will need to coordinate your actions with someone else.
Why Would I Need Probate Solicitors Near Me?
It is important to be aware that as the executor or administrator, you have personal liability for anything that goes wrong in the administration of the estate.
The most common ways this can become an issue is when creditors are not given their chance to claim what they are owed from the deceased’s estate or beneficiaries don’t receive their legacy.
In addition to this, it is always sensible to at least consult a probate solicitor if there is any room for misunderstanding or complexity in the estate. This could involve situations when:
- There will is unclear in any way
- The deceased had money in a trust
- The deceased had property or land overseas
- The deceased owned or partially owned a business
- Someone may dispute the will
It is vital to understand that you cannot simply claim you did not know how the system worked. As the person in charge of administering the estate of someone who has died, it is your responsibility to know how it works.
Make Sure You Are Doing Everything You Need To
To make sure you are doing everything you are required to do, the most sensible step is to make a quick search for “fixed fee probate solicitors near me”. The “fixed fee” is important if you don’t want to receive any surprises later on.
Birch & Co’s specialist solicitors understand how difficult it can be to talk about a recent bereavement. We are committed to delivering supportive as well as professional and efficient services.
Our team’s sensitivity in difficult times has helped us achieve a 5-star Google rating and a 99% recommendation rate from past clients.
Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a fixed price estimate on the support you need.
“I cannot fault the professionalism and helpfulness throughout what has been a difficult time. I would not hesitate to use your services again and would recommend you to others.”(Mrs S)
