Probate

‘Probate’ is the common name for ‘estate administration’, and is the legal process by which the affairs of a deceased individual are finalised.

The person or people appointed to do this are the ‘personal representatives’ (PRs). This is an umbrella term for either the executors (where the deceased left a Will) or the administrators (where there was no Will, or no valid appointment of executors).

There is no requirement for PRs to administer an estate using legal assistance, and there are occasions where it is perfectly reasonable to do so without involving a professional. However, best practice is to engage the service of a specialist probate solicitor in all but the simplest of estates. This would certainly be prudent where, say, there is no Will, or there is tax to pay, or there is a trust or other complicating factors.

The probate process can be split into two stages – we call them Stage 1 and Stage 2. We can help with either or both of these stages (and you needn’t decide at the outset).

Broadly, these steps are:

Stage 1

Register the death
Locate the Will (if any)
Safeguard the assets
Identify the beneficiaries
Value the assets and liabilities
Report and pay inheritance tax
Apply for the grant of probate

Stage 2

Use the grant to collect the assets
Pay the liabilities
Settle deceased’s tax affairs
Pay any estate income tax or CGT
Register any trusts
Prepare estate accounts
Distribute estate to beneficiaries

This is just a brief summary of the probate process, and a complex estate could involve many more steps.

All matters are handled on a fixed-fee basis, so you have certainty knowing that the costs are not going to spiral out of control – for more information see our fees page.

All meetings will take place in the comfort of your own home – we typically serve Wokingham and surrounding areas (Henley, Twyford, Crowthorne, Finchampstead, Reading). However, if you would prefer to meet remotely (or you live a little further away from Wokingham) we are happy to do that too.

For a no obligation meeting, call Richard on 0118 40 50 307 or email him at richard@requiemlaw.co.uk. Alternatively, fill out our contact form and Richard will be in touch as soon as he can.

Probate

Stage 1

Stage 2

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