Do I need a solicitor for Probate?

When an individual dies, there will often be assets that need to be dealt with, for example, a property, shareholding or bank account. Some assets can be dealt with without a Grant of Representation but others, particularly valuable assets, require a Grant of Representation.

Many Executors can now make a personal application for a Grant of Probate in respect of an estate online by using the probate application system.

Can I apply for a Grant of Representation by myself?

In order to apply for a Grant of Representation there are several steps that the Personal Representative(s) or Executor(s) must take which includes signing a Legal Statement and completing an inheritance tax return. Johnson Astills acknowledge the fact that dealing with a loved one’s estate after they die can be a difficult task, especially if you have not had experience in doing so or the estate is particularly complicated.

Like many things that seem simple on the face of it, Probate is a big responsibility and can be more complicated than you think, especially if the estate is complex, if some of the residue of the estate passes to charity or if you have never done it before. Whilst you can apply for Probate yourself, using an expert Solicitor will help relieve the pressure and burden in a difficult time. Executors must also be aware of the personal liability that can arise if mistakes are made and so instructing a professional is always going to be the “safer” option.

Applying for Probate is just one aspect of administering an estate. At Johnson Astills, we can assist you with the administration of an estate from start to finish.

The key stages of the administration of an estate are as follows:-

• Taking initial instructions from and advising Executors/Personal Representatives
• Obtaining date of death values for all assets and liabilities
• Conducting searches such as a Will search and asset search and placing statutory notices
• Completing the appropriate inheritance tax form
• Preparing a Legal Statement to be sworn by the Executors/Personal Representatives
• Applying to the Probate Registry for a Grant of Representation
• Dealing with the assets and liabilities in the estate
• Preparing estate and distribution accounts
• Distributing the estate in accordance with the Will or the rules of intestacy and obtaining receipts
• Finalising any liability for income and capital gains tax during the administration period

Our solicitors at Johnson Astills can advise the Personal Representatives and submit an application on behalf of the estate.

If you have lost a loved one and would like some legal advice on how to obtain a Grant of Probate or Grant of Letters of Administration, our expert solicitors at Johnson Astills would be pleased to assist you. For further information, or to arrange an initial fixed fee appointment, please call our Leicester Office on 0116 255 4855 or our Loughborough Office on 01509 610 312, or fill in our free online enquiry form and one of our friendly team members will be in touch.