In some cases, it is perfectly possible to handle probate yourself as the executor of a will. However, most people decide to use the services of a trusted probate solicitor to handle the process for them during this time of grief.
A lot of people find it hard to grasp the legal process involved in obtaining a grant of probate or letters of administration, whilst dealing with the emotional turmoil of losing a loved one. A probate solicitor is completely independent and has no emotional ties, plus they handle cases like this on a daily basis, meaning they’ll be able to deal with the legalities with a clear mind, sound judgement and legal experience.
Also, it may benefit you to enlist the services of a probate solicitor if the case has issues that may turn out to be problematic, for example:
- The validity of the will is being disputed and/or dependents were left out of the will (and are likely to query this).
- The deceased died without a will.
- The estate is vast and/or there are complex details, such as trust funds.
- The estate is bankrupt.
- The estate involves foreign property/assets or the deceased resided outside of the UK.
- The value of the estate is still receiving a regular income.
- The value of the estate is on the boundary of the Inheritance Tax threshold.
If you decide to use a probate solicitor, it may be easier to use the professional who helped to draw up and store the will, however this is not a must-do. We’d recommend enlisting the services of a probate solicitor you trust will do a good job and you feel comfortable with.