Do I Need A Probate Solicitor

If you have been tasked with acting as the executor of a loved one’s estate, you might be asking yourself, ‘Do I need a probate solicitor?’ There is no legal obligation for executors or anyone else involved in estate administration to seek legal advice when carrying out their duties. However, given the complexity of probate law and procedures and the onerous legal obligations placed on executors, most view the cost of seeking professional help as a small price to pay for ensuring the swift administration of the estate and avoiding facing penalties for non-compliance with their legal obligations.

At Birch & Co., our dedicated probate department routinely assists executors and other personal representatives with all estate administration matters. We will advise you on your legal duties and ensure you fulfil them, so you avoid any personal liability. We give our advice in plain English and will be on hand whenever you need us to guide and support you through the probate process.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

“I would definitely recommend you to others – Thank you very much” (Mr Laskey)

What Does A Probate Solicitor Do?

Probate solicitors are highly trained professionals who specialise in assisting clients with matters involving probate and estate administration. At Birch & Co, our team of dedicated probate lawyers help clients with a wide variety of matters, including the following:

• Identifying And Securing The Deceased’s Assets.

As an executor, you are under a duty to maximise the value of the estate for the benefit of the beneficiaries. We’ll help you establish what assets the deceased held and advise you on the steps you should take to protect their value.

• Clearing The Estate’s Debts.

You must ensure any debts and liabilities are cleared before distributing what’s left between the beneficiaries. Our probate solicitors will help you identify what the estate owes and ensure everything is paid off.

• Assisting With Inheritance Tax.

Executors are responsible for ascertaining whether inheritance tax is payable on the estate and, if so, making the relevant payment. We’ll help you value the estate for inheritance tax purposes and ensure all the relevant HMRC documentation is completed properly and lodged appropriately.

• Advising On Your Duties As An Executor.

Being an executor can be an onerous task with far-reaching legal duties, including protecting the estate’s value. Failing to adhere to those duties can leave you facing personal liability for any losses the estate sustains as a result. We’ll make sure you understand what your duties are and advise you on the steps you need to take to fulfil them.

• Applying For Probate.

A probate solicitor will assist you in completing your probate application, ensuring it is accurate and giving it the best chance of being processed swiftly.

Do I Need A Probate Lawyer If There Is No Will?

People who die without leaving a Will are said to have died ‘intestate’. Since they have not specified who should inherit their estate, the law steps in and the Intestacy Rules dictate the order of beneficiaries.

For example, under the Intestacy Rules, if the deceased left behind a spouse but no children, the spouse would inherit everything. If the deceased had a spouse and children, the spouse would inherit all the personal belongings as well as the first £322,000 of the estate. If there’s anything left over, it would be divided between the spouse and the children – the spouse would get 50%, and the children would divide the other 50% equally between them.

Since they died intestate, the deceased will not have nominated any individuals to act as executors under their Will. Accordingly, one or more of their family members must apply to Court for a ‘Grant of Letters of Administration’. A Grant of Letters of Administration’ gives those named on it the authority to act as ‘administrators’ and deal with the estate.

The purpose of executors and administrators is the same, namely, to administer the estate of a deceased person, ensuring all debts and liabilities are settled, paying any inheritance tax due, and distributing what’s left between the beneficiaries. Executors and administrators are subject to strict legal duties and can be held personally liable for any losses caused by their mistakes or carelessness. However, while an executor has a Will to follow detailing who should inherit what, administrators must follow the Intestacy Rules.

The Intestacy Rules can be confusing, difficult to navigate, and sometimes have unexpected results. Following them may necessitate the administrator looking into the deceased’s family background to ensure the correct people receive a share of the assets. A probate solicitor, with their vast experience of probate law and practice, is ideally placed to assist you in understanding the effects of the Intestacy Rules, identifying the beneficiaries, and distributing the deceased’s assets in accordance with the law.