Probate: Estates with a Will
What is probate?
Probate is the process of enabling an individual’s estate to be dealt with in accordance with their will after they have died. If there is a valid will, the executor of the will must apply for probate before any assets can be distributed to the beneficiaries named in the will.
The executor may appoint a probate solicitor to apply for a Grant of Probate on their behalf. Appointing a probate solicitor or another specialist probate lawyer to apply for probate can help you to get a Grant of Probate sooner and avoid many of the potential risks of ‘diy’ probate.
How do I apply for probate?
There are eight main steps to a probate application, as outlined by HMRC:
- Check that there is a valid will
- Value the estate and report this to HMRC
- Pay any Inheritance Tax that is due
- Make a probate application to the Court
- Collect the estate’s assets, for example money from the sale of the person’s property
- Pay off any debts, for example unpaid utilities bills
- Keep a record (‘estate accounts’) of how any property, money or possessions will be split
- Distribute the assets to the beneficiaries named in the will
If you have questions about applying for probate or about executing a will, contact us for a free initial consultation to discuss your individual circumstances.
If you appoint us to apply for probate on your behalf, a named probate lawyer will support your case from start to finish and a member of the probate team will always be available to speak to on a day-to-day basis.
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