Dealing with a Deceased Person`s Estate - What is Probate?
Posted on December 18th 2020Probate and the Adminstration of Estates
Dealing with the estate of a deceased`s person can be a daunting task. At a time of grief, emotional trauma and bereavement, the prospect of dealing with the final affairs of a deceased person`s estate can be overwhelming. Often people may not feel ready to deal with the complexities of administering the estate, or indeed know what needs to be done next.
To ease this burden, Wall James Chappell have an experienced and dedicated team who are passionate about helping our clients through difficult times, making it as simple and stress-free as possible. Our specialist team of qualified Solicitors together with our support team, have years of experience dealing with the most simple estates through to the most complex cases.
What is Probate?
After someone dies, the person(s) dealing with the estate will have to show that have the legal right to deal with the administration of the estate. This is done by obtaining what is known as “a grant”. You will commonly hear terms such “grant of representation”, “grant of letters of administration” or “grant of probate”. They all relate to the same process, but which grant you need will depend on whether your loved one made a valid will or not. Where a will is in existence, the Executor(s) named in the will need to apply for the grant of probate. Where there is no will, or if the will is invalid, the Administrator(s) (normally the deceased’s next of kin e.g. their spouse, civil partner or child) will need to be apply for a grant of letters of administration.
Levels of Service
Every estate is different but whether you need just a little help, or a lot, we can advise on everything from intestacy rules to disputed Wills, foreign property, tax implications, inheritance issues and post-death variations. In terms of estate administration, we generally offer two different types of service:
Grant only service This where we advise upon and simply deal with the application for the appropriate grant of representation to the estate.
Estate administration service This is where we deal with the administration of the estate from start to finish and includes identifying and obtaining valuations of the deceased’s assets and liabilities, completing and submitting the relevant Inheritance Tax Accounts forms and probate application forms, collecting in the estate assets, discharging the estate`s tax, debts & liabilities, preparation of estate accounts and distributing the estate to the beneficiaries.
Each estate is different and can vary in complexity from very simple estates to those that are extremely complicated. The cost of dealing with an estate and probate process can therefore vary depending on how much work is involved and also, the overall value of a deceased`s persons estate. We have published this guide to help you understand the possible costs incurred - click here.
If you need any advice or assistance, please contact James Rousell or Susannah Griffiths on 01384 371622 or email j.rousell@wjclaw.co.uk