Probate and Estate Administration

At Ashworth Law, our specialist probate solicitors offer sensitive, professional and expert advice on dealing with probate and estate administration.

It goes without saying that we recognise the distress and grief you are likely to feel at the time of dealing with the estate of a recently deceased loved on. and work hard to work proactively for you - our aim to to get everything sorted quickly, efficiently and without fuss..

When someone dies, their assets have to be valued, and any debts taken away to give a total value - known as their estate. The estate can then be divided according to the wishes of the deceased, as set out in their Will. If there was no Will, the Laws of Intestacy are applied, which divide the estate according to a set of guidelines. A proportion of the estate may also need to be paid in tax if the total value of the estate is above the Inheritance Tax threshold.

Applying for Probate is the process of informing the authorities of the death and gaining permission to begin the process of confirming the value of the estate. It's usually a long and quite complicated process, especially where there is no Will, and is often seen as something of a burden at a time of  heightened emotional stress - that's why many people choose to appoint a solicitor to handle Probate for them.

If the deceased leaves a Will, the executor(s) named will apply for a "grant of probate". This is a legal document confirming that the executor has the authority to deal with the deceased person's assets.

If there was no Will, a close relative of the deceased can apply for a "grant of letters of administration". This legal document confirms that those who have applied have authority to deal with the deceased person's assets.

Once the grant is approved, they are known as "administrators" of the estate.

Our experts will take you through this process in detail as there are a number of complexities - for example it is not always necessary to obtain a grant in situations where:

• the person who died left less than £5,000 (or in some limited cases more, depending on where the money was saved)
• they owned everything jointly with someone else and everything passes automatically to the surviving joint owner

However a grant will almost always be required when the deceased left one or more of the following:

• stocks or shares
• property or land held in their own name or as "tenants in common"
• certain insurance policies

In most cases, the bank or relevant institution will ask to see the grant before transferring control or ownership of any assets. However, if the value is smaller, some organisations may give you full control without needing the grant.