Applying for the right to deal with a deceased person's affairs
Probate is a term commonly used when talking about the process of administering a deceased person's estate
When a person dies, a personal representative (usually the executor named in the Will) has to deal with the estate (the money, property and possessions left by the deceased) by collecting in all the money, paying any debts and distributing the estate to those entitled to it.
The personal representative dealing with the estate will often have been appointed by the deceased as an executor in the Will. However if the deceased has not made a Will or failed to appoint an executor in their Will, there are complex rules that decide who will act as administrator of the estate.
If the estate is small or most of the assets are held jointly with the surviving spouse then a personal representative could administer the estate without the help of a solicitor. However some advice may be needed to take advantage of Inheritance Tax rules.
If it appears that the personal representative will be able to deal with everything satisfactorily then we will be happy to give some initial advice at no cost and then take no further part in the administration. If the deceased's estate is large or complicated, then it is advisable to use a solicitor who can administer the estate on your behalf. As a 'half way house' the personal representative could instruct us to obtain a grant of probate before administering the estate him or herself.
What about Inheritance Tax?
It may be possible to reduce or eliminate Inheritance Tax liability incurred by the family by varying the deceased's Will.
If you would like further information on Wills, please see making a Will.
For advice on how to register a death please see our Fact Sheet
“Anyone who has experienced the loss of a loved one will know that the grieving process is difficult enough without the added stress of trying to sort out finances and house sales and all that comes with it. Thank you so much for your understanding approach and for the efficient job you and your firm carried out for us. I would recommend your services to anyone without reservation. You and your firm enabled us to focus on our families and come to terms with our loss.”
Mr N Tiltman, Basingstoke
“During this lengthy process I have found you easily accessible and extremely helpful in all matters. It has been very good to know that there has been a friendly voice at the other end of the phone. Also, whenever there has been any issues or requests they have been promptly and efficiently dealt with. Once again, thanks for everything.”
A Barnes, Norwich
For more detailed advice or to arrange an informal chat, please contact: Nia Wharry. Nia is a Member of Solicitors for the Elderly and the Society of Trust and Estate Practitioners.
Nia Wharry- Email Nia Wharry
Alternatively, you can call Nia Wharry on 01256 320555.
