When an individual passes away, their assets, which may include money, property, and personal belongings, are collectively referred to as their “estate”.
The legal process of probate involves managing and distributing the deceased person’s estate. This typically includes identifying and collecting any money owed, paying off outstanding debts (such as taxes), and dividing the remaining assets amongst the designated beneficiaries.
Initial Action to be taken by you
Register the death
You will need to register the death with the Registrar of Deaths in the area in which the death took place as soon as possible, as funeral arrangements cannot be finalised until this is done. You need to buy a death certificate from the Registrar. You are entitled to be reimbursed from the estate for this expense at a later date.
Identify the Personal Representatives
If there is a Will, the executors named in the will or any subsequent codicils are entitled to administer the estate, and we will act on their instructions. If the named executors do not wish to act or are not able to act (for example, if they lack capacity, or do not live in the UK, we will advise you on what further action needs to be taken.
If there is no Will, we will advise on:
- the persons (called ‘administrators’) who are entitled to administer the estate; and
- who will be entitled to inherit the deceased’s estate.
In this Guide, ‘Personal Representative’ is used to refer to both an executor and an administrator unless the distinction is important for clarification.
Locate the Will and any codicils
- Investigate whether there is a Will and any codicils and discover their whereabouts. You may know this from information supplied by the deceased before their death, or from information discovered among the deceased’s paperwork after their death.
- If there is a will, locate the original.
Make the funeral arrangements
This is the responsibility of the Personal Representatives. You will need to check the will for any funeral directions given by the deceased.
Collect the deceased’s papers
This information will enable you to write to all the individuals and organisations concerned in order to assess the extent of the assets and liabilities within the estate. Please refer to the checklist in the APPENDIX for guidance as to the type of paperwork we require. However, if in doubt, you can instruct us to carry out the full process for you.
When instructing us to obtain a Grant of Representation
You will need to carry out the Estate Valuation, to provide us with the extent of the assets and liabilities and it is important to contact the Home insurance provider to ensure that the house insurance is places in the names of the Executors
Probate areas of expertise
We are committed to delivering a comprehensive range of probate services through our dedicated team. These services include:
Obtaining a Grant of Representation Only (Non-Taxable Estates)
Total Timescale 3-6 Months
Assessing the valuation of the Estate, Obtaining A Grant of Representation and Administering a Non-Taxable Estates
Total Timescale 6-9 Months
Assessing the valuation of the Estate, Obtaining A Grant of Representation and Administering a Taxable Estate
Total Timescale 6-12 Months
Get in contact
Our team is made up of dedicated solicitors who are committed to providing you with the best possible legal advice and representation, bringing you reassurance and peace of mind when dealing with probate.
We have offices conveniently located in Port Talbot, Maesteg, and Bridgend. If you are looking into probate or need legal advice on a related matter, don’t hesitate to contact us today for a no obligation discussion. Our team of probate solicitors are here to help.
Other Services
As well as Probate, Thomas and Thomas Solicitors also offer the following...
-
Family Law Solicitors
Click here to read more on this service
-
Residential Conveyancing
Expert legal advice and assistance for buying, selling or remortgaging your home.
-
Commercial Conveyancing
Our specialist commercial conveyancing solicitors can assist you with all aspects of commercial property transactions.
-
Personal Injury
We can help you claim the compensation you deserve for your injury and losses.
-
Wills
Protect your loved ones and assets with our tailored will and estate planning services.
-
Lasting Power of Attorney / Court of Protection
We can provide compassionate and supportive legal assistance for elderly care, Court of Protection and lasting power of attorney matters.
-
Probate
We offer comprehensive probate services to help you through the process of dealing with a loved one’s estate.
-
Employment Law Solicitors
Our highly skilled solicitors provide a specialist service providing you with the best possible legal advice and representation for all aspects of employment law.
