Probate & Estate Administration > Probate

If you have been named as an executor of somebody’s will, it means that you are responsible for the administration of their estate and organising probate. If this is a loved one, it can be a daunting task as you will be responsible for organising their assets, paying taxes or any debts and distributing the rest according to the instructions in the will. This can be a stressful and lengthy process, especially if it is a larger or more complex estate.

Our specialist lawyers, based in Cheshire, are highly experienced in Probate matters, and we are here to offer support, advice, and assistance with as much, or as little, of the process as you need.

Please feel free to contact us if you have any questions about this process. 

What is Probate?

Probate is a legal document that entitles the Executor or Administrator to make and receive payments from the estate and deal with the assets and property of the deceased.  If the estate is small, or if it is held in joint names and passes automatically to the surviving owner (as is often the case with married couples, for example), you may not need to apply for probate.

If the deceased left a will, you will need to get a “grant of probate”.  If there was no will, or if there are no executors named in the will, or if the named executors have died, then you’ll need to apply for “letters of administration”.  If you’re unsure, we can advise you. When you show the probate form to a bank, for example, they know they are dealing with the person who has the right to handle the estate, and they will allow you to withdraw money from the deceased’s account.

When you apply for probate, you are promising the Probate Court that you will deal with (“administer”) the estate as set out in the will (if there was one), and according to the law.  Probate makes sure that the executors, or administrators, carry out their duties properly.

How we can help with Probate…

We can advise and assist in relation to:-

• Establishing who should apply for a grant of probate, or letters of administration, and then submitting the appropriate application to the Probate Registry.
• Working out who inherits the estate, either under the deceased’s will, or if there isn’t one, under the laws of intestacy.
• We can also help to search for a will, or to search for beneficiaries who cannot be easily located.
• Estimating and reporting the value of the estate to HMRC, and establishing if any Inheritance Tax is due.
• Obtaining access to the deceased’s financial assets once probate has been granted, and paying any outstanding amounts or debts.
• Dealing with any jointly held property eg. a family home or joint bank account. This may include notifying the Land Registry.
• Distributing the estate.
• Preparing Estate Accounts.
• Advising in relation to Inheritance Tax.

Please contact us for assistance and a quotation of our costs.