The Role of a Solicitor When Obtaining Probate

The whole probate process can be complex and emotionally challenging, especially during a time of loss. A solicitor plays a crucial role in helping executors and beneficiaries manage the legal intricacies of administering an estate. Here’s an overview of what solicitors do when obtaining probate and why their expertise is invaluable.

1. Advising on Probate Necessity

One of the first steps a solicitor will take is to assess whether probate is necessary for the estate in question. They will evaluate the following:

– Value of the Estate: If the estate is small or consists mainly of joint assets, probate may not be required.

– Presence of a Will: Solicitors will confirm whether a valid will exists and explain the implications of intestacy if there is no will.

– Types of Assets: Certain assets may not require probate, whereas others will, based on financial institutions’ policies.

2. Preparing and Submitting the Application

Once it’s determined that probate is needed, the solicitor will help prepare the application for a grant of probate, which involves several steps:

– Gathering Information: They will collect necessary details about the deceased’s assets, liabilities and beneficiaries. This includes property valuations, investments, pensions, bank statements, and any outstanding debts or taxes.

– Completing Forms: The solicitor will complete the required forms accurately, ensuring compliance with legal standards to avoid delays.

– Submitting the Application: They will submit the completed application to the Probate Registry, along with relevant documentation, and pay any associated fees and/or taxes.

3. Managing the Estate Administration

Once probate is granted, the solicitor will assist in administering the estate, which includes:

– Settling Debts and Taxes: The solicitor will advise on the estate’s tax implications, helping to ensure that any inheritance tax is paid and that debts are settled in a timely manner.

– Distributing Assets: They will guide the executor on how to distribute the remaining assets in accordance with the will, ensuring that all legal requirements are fulfilled.

– Handling Complications: Should any disputes or complications arise, such as disagreements between beneficiaries or challenges to the will, a solicitor can mediate and provide legal representation if necessary.

4. Providing Ongoing Support and Guidance

Throughout the probate process, solicitors are valuable sources of support and guidance. Their responsibilities include:

– Clarifying Legal Responsibilities: They educate executors about their duties and obligations, ensuring compliance with laws and regulations.

– Offering Emotional Support: While legal matters can be impersonal, we are trained to handle sensitive situations with empathy, providing comfort during a difficult time.

– Addressing Queries: They are available to answer questions from beneficiaries and executors, providing information about the probate timeline and progress.

5. Finalising the Estate

Once all debts are settled and assets distributed, the solicitor can help finalise the estate. This involves:

– Preparing the Final Accounts: The solicitor will assist in preparing a comprehensive account of the estate’s administration, detailing all income, expenses and distributions.

– Releasing the Executor from Duties: After all matters are concluded and accounts settled, the solicitor will help ensure the executor is formally released from their responsibilities.

Conclusion

The role of a solicitor in the probate process is multifaceted and essential for ensuring that the administration of an estate is carried out efficiently and legally. From assessing the need for probate to managing the complexities of estate administration and providing ongoing support, solicitors bring invaluable expertise to what can often be a challenging experience. Engaging a solicitor not only eases the burden of handling probate but also helps ensure that the wishes of the deceased are honoured in accordance with the law. If you’re facing the probate process, consulting a solicitor can provide clarity, support and peace of mind during such an emotional period of time.

At Alexander JLO we have decades of experience of dealing with all aspects of law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 11th February 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading lawyers. His profile on the independent Review Solicitor website can be found Here