Smart Ideas: Estates Revisited

Why you Need a Professional Probate Lawyer by your Side

You are not bound by the law to go seeking any legal input when handling the probate process. But you should think of this step when you think of the complexities involved.

A grant of probate is the legal permission that an executor or executors must possess if they are to handle the instructions of a will. This is what gives the executor powers to take all the things the deceased owned and then distribute it among the beneficiaries, as the deceased had pointed out in the will. They may be one of the beneficiaries, which shall not stop them from doing their job. There are cases where there are more than one beneficiary mentioned, which allows for not more than four to apply for the grant. They will then approach the matter as a team.

In cases where there are no probate solicitors to facilitate, the executor shall have to go through the probate services to get the grant. If there was no written will at the time of death, then the application for letters of administration will take place. The same applies in cases where the named administrators are unwilling to undertake the task. It is expected that you will come with a copy of this letter when you go to the probate office for the grant application. Probate solicitors are normally left with the wills, which allows them to offer expert probate legal services.

Where there is an inheritance tax charge on the estate, then at least a part of it needs to be paid before the grant is issued. The grant can be out before the tax authorities decide how much tax shall be charged on the estate. In places where their figures are unfairly high, you should get the help of a solicitor to handle it. A probate solicitor knows the intricacies of inheritance laws and tax matters. You need such a person to manage the complexities of our situation.

The executor may find out that there are many banks and other financial institutions to be approached in the carrying out of their duties. This forces them to get many copies of the sealed grant. They cannot work with copies not sealed or photocopies. The executor, therefore, has to determine how many copies shall suffice while applying for the grant. The rates applicable shall be enclosed with the grant application.

When you think of all these duties, you shall see why it is best to turn to professionals. A probate solicitor shall handle the process much faster. You will also need them when it comes time to sell the property in the deceased’s estate.

They shall most importantly help you get the inheritance tax amounts reduced.

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