The passing of a loved one is an understandably difficult time, and dealing with their affairs can be overwhelming.

Our team are on hand to assist you and your family, guiding you through the probate process.

What is probate?  

The term ‘probate’ refers to the entire legal process of dealing with a person’s estate after they have died. This can involve organising the deceased’s money, their assets and possessions to then distribute them as inheritance.

If the deceased left a will, an executor, or executors will be named to ensure that the deceased’s wishes are carried out, as specified in their will.

However, before the probate process can proceed, a Grant of Probate must be applied for. This is a legal document giving authority to executors to deal with the deceased’s estate.

Is probate always necessary?  

In the case of small estates, probate may not always be necessary. However, it will depend on the value of assets held and whether the banks require sight of a Grant of Probate before closing any accounts and paying out funds.

Our Probate team can discuss your circumstances to determine whether the probate process will be necessary for you and your family.

Key probate time constraints

There are a number of time constraints that you should be aware of when it comes to the probate process, including:

Inheritance tax deadlines:

When a Grant of Probate is applied for, an Inheritance Tax Return form will often need to be completed and submitted to HMRC. This will contain details of the value of the estate, assets and liabilities, as well as a calculation of how much inheritance tax is owed.

If there is inheritance tax to pay, a large portion of this tax will need to be paid by the end of a 6 month period after the death.

The Executor’s Year: 

Due to different estates varying in complexity, this affects the time taken to administer them. Therefore, executors are not bound to distribute estates until after 12 months of the death. This time period allows for executors to gather relevant information relating to potential claims, debts, assets and money. During this time, executors should:

• Settle any outstanding debts.
• Search for any additional beneficiaries/claimants.
• Pay any inheritance tax.
• Safeguard assets of the estate

Deed of variation deadlines:

There may be occasions whereby beneficiaries wish to change the way an estate is distributed, and changes can be made with a deed of variation. This must be completed and signed within 2 years of the date of death.

How we can help 

Our experienced team of probate and estate administration solicitors can provide the help you require at this difficult time.

Whether you have been appointed as an executor in a Will or whether a family member or friend has passed away without a Will, we’re on hand to assist. Our team members all have experience in handling estates in a sensitive and timely manner.

Location 

Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield, and Derby.

How to get in contact

Our team are on hand to help you and can assist wherever you are based. Please call us on 0330 333 2613 for a no-obligation, initial discussion or email enquiries@elliotmather.co.uk  and we will call or email you back.

• Probate