Probate is the word commonly used to describe the process of dealing with the estate of someone who has passed away.

We know that losing a loved one is a difficult time so we aim to make the added complication of probate as straightforward and hassle-free as we can. Our dedicated probate team has years of experience and offers a first 30-minute free probate consultation at either of our offices.

The probate process usually involves the following:

1. Checking to see if a Will exists
2. Establishing who the Executor/Administrator of the estate is
3. Understanding and applying the terms of the Will or the intestacy rules
4. Finding out the financial affairs of the person who passed away
5. Calculating whether there is any tax to pay
6. Completing forms for HMRC
7. Making a statement of truth and submitting this to the District Probate Registry
8. Paying inheritance tax (where applicable)

Following the issue of the Grant of Representation (which could be a Grant of Probate or a Grant of Letters of Administration), the Personal Representative(s) named on the Grant of Representation are entitled to receive the assets on behalf of the estate.

Some organisations will transfer assets to Personal Representatives without asking for a Grant of Representation. Some or all of the assets may need to be sold. All testamentary expenses and debts of the estate should be paid before the estate is fully distributed to the beneficiaries. Estate accounts should also be prepared. The estate accounts will help the calculation of any income tax and/or capital gains tax that may be payable by the estate as well as setting out how the distributions are calculated.

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