When Probate is needed on a deceased person’s estate, the Executors or Administrators often use a Probate solicitor.
If you are going through the Probate process, there is no obligation to use a Probate solicitor. However, it removes a significant responsibility from your shoulders.
To speak to a Probate solicitor, contact us now for a free initial enquiry.
When is Probate needed?
A Probate solicitor is only needed when Probate is needed.
Probate is a legal process that occurs when a person dies. The purpose of Probate is twofold. Firstly, to prove that the deceased’s Will is valid, if there is one. Secondly, to give a person the legal authority to administer the deceased person’s estate.
There are times when Probate is not needed. If the deceased owned very little, their estate may be considered small. If so, it is unlikely that Probate will be required. Also, if the deceased owned all their assets jointly and the joint owner is still alive, the Rule of Survivorship applies. This means the surviving owner automatically inherits the joint assets without having to go through Probate.
Who is responsible for Probate?
If Probate is required, you must check whether the deceased person left a valid Will. If so, Probate must be carried out by the Executors named in the Will. Otherwise, responsibility falls to the deceased’s next of kin. This person is known as the Administrator.
Why use a Probate solicitor?
The Executor or Administrator is entirely responsible for the Probate process and for administering the estate. Sometimes, this can be a significant undertaking. The Executor or Administrator has many tasks to complete, including –
- Value the deceased person’s assets and debts
- Calculate if Inheritance Tax is due
- Submit an application to the Probate Registry
- Pay Inheritance Tax
- Settle any debts
- Sell or transfer ownership of property
- Advertise for creditors
- Distribute the estate
- Create estate accounts
If the estate is large, or contains international assets, things can become very complex, very quickly. This can result in an overwhelming amount of work – especially as there are various legal and tax issues to get to grips with. To make matters worse, the Executor or Administrator is personally liable for any mistakes. Any errors could prove expensive.
For these reasons, lots of people choose to use a Probate Solicitor. This allows you to hand over all the work to a professional. This saves you a lot of time and effort. It also removes a huge burden from your shoulders.
Do I need a Probate solicitor?
If Probate is needed on your loved one’s estate, you do not have to use a Probate solicitor. You are entitled to handle the Probate process on your own, without the help of a legal expert.
However, given the amount of legal, administrative and tax work involved, it is prudent to instruct a Probate solicitor. This is particularly true if the estate is large or contains complexities, such as missing beneficiaries or international assets.
Speak to a Probate solicitor
To find out more about how a Probate solicitor can help you, contact us now for a free initial enquiry.