Probate & Executor Services

Probate is a legal process that’s often needed when someone dies, that gives the authority to deal with their property, money and possessions. It also covers proving the validity of their will if there is one, and managing their assets, tax-liabilities, debts and distributing any proceeds to beneficiaries.

A Grant of Probate is a legal document issued by the court, giving the executor (named in the will) the authority to manage the deceased's estate. If you’re an executor or beneficiary, you should not make any financial plans or put any property on the market until probate is granted.

It is possible to arrange probate yourself, but it can be a long, drawn-out process involving court proceedings and dealing with many different organisations to assess the estate. Many people find it much less stressful to appoint a professional probate lawyer to deal with all the arrangements on their behalf.

If all the documents and submissions are completed correctly, probate on a straightforward estate can be granted in as little as 3 to 6 weeks; if the estate is particularly complicated, it can take a lot longer.

If you’re making the submission yourself, it’s very easy to overlook important details or miss court deadlines, which can prolong the granting of probate – experienced professionals familiar with the process make sure everything’s in order before submission, thereby making the process as short as possible.

In simple terms, probate encompasses identifying and valuing the deceased's assets, paying off any outstanding debts and taxes, and distributing the remaining assets to the rightful beneficiaries. In reality, that can mean sourcing fair market values for real estate, personal property and businesses, negotiating with institutions, creditors and buyers, valuing unique assets, ensuring any inheritance or income tax is paid, keeping accurate records of income, expenses, distributions and correspondence, and resolving any disputes as they occur.

That’s why many people use a lawyer for probate, wand ith expertise who can streamline all these processes, deal with issues in a timely manner and make administering the estate smooth and stress-free.

Every element of the deceased’s estate needs to be objectively valued, including professional appraisals for any properties or businesses. International assets such as foreign properties also need to be taken into account, as do unique assets such as patents, cryptocurrencies and collectibles.

It’s important not to overlook any investments or bank accounts, and also any outstanding debts. This is where professional help can prove invaluable.

In the case of a particularly modest estate with a value below a certain threshold, a process called ‘small estates administration’ may be used, which allows executors to deal with the assets without probate.

The valuation limit varies according to the institution holding the assets (such as a bank or investment company), and certain other conditions may need to be met.

Unless you have expert knowledge, there are many potential pitfalls concerning both legal aspects and taxation.

Late filings to court can prolong the process and even carry penalties; failing to publish or serve notices correctly, or improper title transfers, can expose the estate to future, unexpected claims; miscalculating estate or income taxes can result in audits, interest and penalties against executors; under- or over-valuing assets can lead to lawsuits or unexpected taxation; and executors can also be held responsible for estate debts or lost assets if they’re deemed to have failed in their financial duties.

Bear in mind too, that HMRC clearance is needed before probate can be granted.

Unfortunately, yes. HMRC’s role is to collect any inheritance tax, income tax and capital gains tax due on the estate, so before applying for probate, the executor or administrator may need to provide details of the estate's value, especially if it exceeds a certain threshold or involves certain complexities.

Without the help of experts in valuation, taxation and the probate process, collecting the figures and dealing with HMRC can be complicated and time-consuming without expert help.

Locating all the heirs or beneficiaries and handling family conflicts can prove very difficult at such an emotional time, making it difficult to remain impartial and objective. A professional probate lawyer is able to offer expert help in tracing beneficiaries, and provide neutral mediation on asset distribution or valuation to avoid costly litigation.

Many people really appreciate the peace of mind a Professional Executor Service offers, particularly at a time that can be very stressful with the grief of losing a loved one to deal with. Experts will use their experience and knowledge to carry out the duties any executor might have, including instructing a Probate Lawyer to navigate the process quickly and easily, handling every aspect efficiently and minimising any potential delays. They can also call upon expertise in valuations, taxation and negotiation, streamlining the administration and acting as a safeguard against personal liability.

The Professional Executor Service is able to establish and administer Trusts too, provide guidance on gifting strategies and handle any sales, auctions or professional fees. In short, the Service not only relieves the emotional burden, but also gives you the confidence that everything is being done correctly, to minimise any future problems.