Probate Solicitors in Plymouth
When someone close to you passes away, the time will come to sort out their affairs. Whether you’re the executor of the Will or a family member - we’re here to help you through what will be an emotional, daunting and challenging time.
There may well be all sorts of legal issues to be dealt with, but please don’t worry. A lot of it will seem unfamiliar and probably quite scary too. But its our job to explain it all to you and to make sure that the administration of the estate is carried out correctly.
arrow_back Back to Wills, Trusts, Tax and Probate
What is probate?
Probate is the legal process for dealing with the estate of someone who has died. An estate, in this case, relates to the money and property previously owned by the person who’s died.
If a valid Will was in place when they passed away, they may well have specified an executor or executors. These are people have the responsibility to “execute” the Will – effectively carrying out the deceased’s wishes, as described in their Will.
In many cases, family and/or friends will be named as the executor/s of the will. However, people may also appoint professional executors (Solicitors, etc). If there is no executor named in the will, or there is no will, someone must become the administrator of the estate.
What is a Grant of Probate?
A Grant of Probate is a legal document that authorises the executor, appointed in the Deceased’s Will, to manage their estate in accordance with the provisions of their Will.
What is a Letter of Administration?
If a person has died without leaving a valid Will, then this document would usually be issued to the person entitled to administer the estate as set out by the Government under the Rules of Intestacy. It is similar to a Grant of Probate in that this document will be issued by the Court allowing a certain person to administer the estate.
Helping you through a legal maze
There’s a lot of legal jargon and issues to be dealt with when someone passes away. These can all increase stress levels at a time when you least need to deal with this kind of thing. So our specialist solicitors will work closely with the executor/s throughout. We really don’t like jargon so we’ll try and make everything as simple and easy to understand as possible so that you know what’s going to happen.
We’ll help collect and distribute assets to the right people and we can help you sort out Inheritance Tax liabilities and any debts that might be payable by the estate. We will obtain Probate if that is required, or advise you on how to do that yourself if you prefer.
call Speak to one of our friendly Probate Solicitors on 01752 827076
Dealing with third parties
There’ll be some important and fairly urgent things to do right away. These include securing property, protecting assets and dealing with banks, tax authorities, the local council and so on. Our experienced probate solicitors can do all of this for you. If you need assistance with the sale or transfer of property, land or other assets, we can look after all of that as well.
We can also help with the more involved matters, such as completing the Inheritance Tax return, dealing with tax in the administration period and the preparation of Estate Accounts.
We’ll do whatever we can to help you
When someone passes away without a Will (or with one that’s out of date), or where there are complex agreements in place, we’d strongly suggest that you use an experienced probate solicitor. We wouldn’t recommend that anyone tries to deal with this by themselves.
Our aim is to give you practical and immediate help with any urgent matters that need attention, and to then make the administration and division of the estate as simple, stress-free and straightforward as it possibly can be. To contact our friendly and experienced team, and for a simple and no-obligation chat to explain the situation, please call us on 01752 827067 or email probate@nash.co.uk
Related services
As you’re reading our probate page, you might be interested in having a look at our related services below.
Probate pricing structure
Wills
Trusts
Personal tax planning
Frequently asked questions
-
If a person dies without making a Will, their estate is distributed according to the rules of intestacy. Our specialist solicitors can explain how these rules will apply in any given circumstances. Managing this type of estate is often much more complicated than where the deceased left a Will and requires the help of specialist and experienced probate solicitors.
-
Personal Representatives is the collective name for both Executors and Administrators. The Personal Representatives of someone who made a valid Will are called Executors. If someone dies without a Will (intestate) then the people in charge of their estate are called Administrators.
-
Both Executors and Administrators have a number of duties and responsibilities but, broadly their role is to correctly administer the estate. The roles are time consuming and mistakes can happen which could mean that the executor or administrator becomes personally liable for debts of the estate or to the beneficiaries of the estate. Even the simplest of estates can have unexpected problems and if you need help our experienced probate solicitors can assist you.
-
Not always. But we would recommend checking with a Solicitor first, particularly if there is no valid Will. Jointly held property and joint bank accounts usually, but not always, pass to the co-owner without the need for a Grant.
However, even if a Grant is not required, there may also be Inheritance Tax issues of which you might not be aware, and for which an Inheritance Tax return may nonetheless be required. Gifts the deceased made before death can change the situation as can the existence of Trusts. You should always seek advice from a Solicitor if you’re not absolutely sure.
-
Funeral costs are usually paid out of the estate, provided of course there is sufficient money to do so. This should be checked before any funeral is organised, as people making any such arrangements are legally responsible for paying the account if there is not enough money in the estate. Banks will usually agree to release money to pay the Funeral Directors (providing there is enough money in the account), despite the bank account freezing upon death. They’ll usually do this before the Grant of Probate is obtained.
What our clients say
-
![5 star Google rating leading Plymouth solicitor]()
Recently had the need to get advice and subsequent legal work done. Prompt initial appointment and follow up with Kearney. Very friendly and efficient. All necessary work and options explained. And all work done very quickly. Thank you
5* Google review
-
![5 star Google rating leading Plymouth solicitor]()
We have recently had new wills prepared by Claire Thompson. The service we received from Claire was fantastic- her professionalism, knowledge and advice made the whole process easy for us. Thank you Claire.
5* Google review
Related insights
Meet the Wills, Trusts, Tax and Probate Team
Get in touch
Fill out the form below and let us know whether you would like us to call you, or email you. One of our Medical Negligence team will be in touch as soon as we can.
If your enquiry is urgent then please call us on 01752664444.
arrow_back Back to Wills, Trusts, Tax and Probate