Probate & Estate Administration
What is Probate?
The term ‘probate’ refers to the Grant of Probate, which is a legal document that Executors often need to obtain when dealing with the estate of someone who has passed away.
The Grant of Probate gives the Executor the legal authority to manage the estate. This involves collecting all assets, handling financial and legal matters, settling any outstanding debts, and then distributing the estate in accordance with the Will.
While Probate is regularly required, it is only one part of the estate administration process. Even if Probate is not needed, every estate has to still be fully administered.
If there is no Will:
If someone passes away without leaving behind a Will, their estate is dealt with under the Rules of Intestacy.
In these circumstances, the next of kin tends to apply to the Court for Letters of Administration. This legal document gives them the authority to act as the estate's Administrator.
This individual is then made responsible for collecting assets, settling any liabilities, and distributing the estate in accordance with the legal order set out by intestacy law.
Rules of Intestacy may not always reflect what the deceased wished for, as they set out a strict legal order of who is entitled to inherit. For example, unmarried partners, stepchildren, or close friends are not entitled to inherit under the intestacy law.
When family circumstances are more complex, as most are in the modern day, the process can become much longer and may require additional legal advice.
Applying for Letters of Administration and administering an intestate estate tends to also involve detailed paperwork, asset valuations, tax considerations, and strict legal responsibilities. The Administrator is personally accountable for ensuring the estate is handled correctly and in accordance with the law - a large responsibility.
For this reason, many Administrators choose to seek professional advice from us to ensure the process is completed accurately and efficiently.
Professional help & advice
Administering an estate is often complex and time-consuming. Many Executors and Administrators choose to seek professional guidance for their own reassurance that everything is handled correctly.
Executors and Administrators must:
-
Act in accordance with the law
-
Ensure all relevant taxes are calculated and paid correctly
-
Protect & preserve estate assets
-
Distribute the estate accurately and fairly
It's also important to bare in mind that these individuals are responsible for any errors or losses that occur during the administration process.
Professional support can provide reassurance and reduce the risk of costly mistakes.
How we can support you:
EPS use the services of Goddard Dunbar Property & Probate Lawyers, they handle all of our Probate enquiries.
Their specialist probate team headed by a solicitor provide clear advice and practical support tailored to your needs, whether you require assistance with:
-
Obtaining the Grant of Probate or Letters of Administration
-
Administering the estate in full
-
Support in your role as Executor or Administrator
-
Managing complex estate matters
Their aim is to make the process as straightforward and stress-free as possible during what is often a difficult time.
How the process works:
The Executor or Next of Kin receive:
-
An initial free, no-obligation meeting to discuss the estate and offer advice.
-
Clear guidance on the steps required
-
Agreement of a fixed-fee service tailored to the level of support needed
-
Professional handling of the Estate Administration, either in full or in part
