When a loved one passes away, dealing with their estate can be an emotionally taxing process. This is where a probate lawyer steps in. By providing legal assistance to make sure the deceased’s estate is handled according to the law, they can remove confusion and help the process to run smoothly. But what exactly does a probate lawyer do during the probate process, and how can they support the executor of the estate?

In this guide, the probate experts at Percy Hughes & Roberts Solicitors aim to offer clarity on what a probate lawyer does and the services that they can offer. If you have any questions we have not answered, our expert Wills, Trusts & Probate solicitors are happy to speak to you regarding your query and provide the legal services you need. You can contact Percy Hughes & Roberts Solicitors today by completing the enquiry form or by calling 0151 666 9090.

What Is Probate?

Probate is the legal process through which a deceased person’s estate is administered. It involves proving the validity of the deceased’s will, if one exists, settling debts and taxes, and distributing the remaining assets to the rightful beneficiaries. The probate process can be complicated, and without the guidance of a knowledgeable professional, it can quickly become overwhelming. This is where a probate lawyer becomes indispensable.

A probate solicitor can act in the capacity of a professional executor, which means that they will handle all of the duties of estate administration. They may also offer estate planning advice. Estate planning involves preparing for the future handling of one's assets while still alive, including drafting wills and setting up trusts.

After someone has died, there are a number of ways that a probate solicitor can offer support.

Validating the Will in the Probate Process

One of the first and most critical tasks for a probate solicitor is to validate the deceased’s will. A will is a legal document that outlines how a person’s assets should be distributed after their death. It must meet strict legal requirements, and not all wills are automatically accepted by the court. The executor of the estate, or their solicitor, may be required to submit the will to the probate court, where it will be examined for authenticity and adherence to legal requirements.

If you work with a solicitor to prepare your will, they will verify that the will is legally binding by ensuring it is signed and witnessed correctly.

Valuing the Estate

Once the will is validated, the next step of the probate process is valuing the estate. This involves identifying and valuing all of the deceased’s assets and liabilities. Estate assets can include property, bank accounts, investments, personal belongings, and any other property owned by the deceased. As a professional executor, a probate lawyer can play a vital role in this process by leveraging their experience to make sure all assets are accounted for and properly valued.

In some cases, the deceased may have owned assets in different jurisdictions, which can complicate the process. A probate lawyer will have the necessary experience to handle even the most complex estate according to the deceased’s wishes and in compliance with the law. This is especially important for high-value estates where Inheritance Tax will be owed, as estimates of the estate’s value must be precise to calculate the tax liability correctly.

Handling Debts and Taxes

Before any assets can be distributed to beneficiaries, all outstanding debts and taxes must be paid. This is another area where a probate lawyer’s expertise is invaluable, as the nuances of tax law can be complex. For example, any gifts given by the deceased in the seven years before they died may need to be accounted for in their estate, which can complicate the process.

In addition to calculating tax liabilities, we can handle all the necessary tax filings, although we cannot provide advice on Income Tax or Capital Gains Tax. We may advise you to notify creditors of the death, which allows them to make a claim against the estate, as this can protect the executor from potential legal challenges down the road.

Distributing Estate Assets

Once debts and taxes have been settled, the executor will oversee the distribution of the remaining assets to the beneficiaries. This process must be carried out according to the terms of the will. If there is no will, the assets will be distributed according to the laws of intestacy, which dictate how assets are divided when someone dies without a will. In either case, this can be complicated and time-consuming without support from a probate lawyer acting as a co-executor.

With a professional executor, you can be certain that each beneficiary will receive their rightful share of the estate, whether it is a specific bequest, such as a piece of jewellery, or a portion of the estate’s value. We can also handle communications with beneficiaries, help to locate beneficiaries who are difficult to reach, and manage any disputes that arise during the distribution process. By resolving these disputes, a probate lawyer can help to maintain family harmony during what can be a difficult time, and emphasise that any decisions were made by the person who died, rather than their executor.

Legal Advice and Support

At various stages of the probate process, the executor or administrator of the estate will likely need legal advice and support from a probate solicitor. A probate lawyer from Percy Hughes & Roberts Solicitors can provide this guidance and help the executor to understand their responsibilities and make informed decisions. 

For example, an executor may need to make decisions about selling estate assets, particularly property, to pay debts or distribute assets. A probate lawyer can advise you on how to proceed, conduct the sale legally and distribute the proceeds according to the will or the laws of intestacy.

Intestacy

In cases where the deceased did not leave a will, the estate is considered intestate, and the distribution of assets must follow the laws of intestacy. These laws prioritise close family members, such as spouses and children, in the distribution of assets. However, this can lead to significant conflict or disputes, as other family members (including stepchildren and unmarried partners) are not automatically provided for.

Because intestacy can involve complex family dynamics in cases where there are multiple marriages, stepchildren, or estranged relatives, a probate lawyer is often needed to make sure the distribution is fair and legal, and minimise the potential for disputes.

How Can Percy Hughes & Roberts Help? 

Our team of experienced solicitors specialises in Wills, Trusts, and Probate law and offers expert guidance with a compassionate approach. Whether it is applying for probate, valuing and distributing assets, or dealing with any paperwork that arises, we are here to assist you to navigate these tasks with confidence and clarity.

If you require legal advice in relation to the above, or need help with anything else to do with Wills, Trusts and Probate, Percy Hughes & Roberts can help. If you would like to contact one of our expert wills, trusts and probate solicitors you can do so by calling 0151 666 9090 or by completing the “Get in touch” form on this site.