Probate

Dealing with the loss of a loved one is never easy, and navigating the probate process can add to the emotional and practical burdens during such a challenging time. Whether you are an executor or a beneficiary, understanding the steps of probate is essential to ensure that the deceased’s wishes are respected, and their estate is managed properly.

More About Probate

At Howard & Over, our dedicated team is here to guide you through each stage of the probate process. From securing the Grant of Probate to distributing the estate’s assets and settling liabilities, we offer clear, tailored support to help you navigate this often-complex area as well as offering fixed fees to make sure you fully understand how much the estate will pay. We also provide expert advice on Inheritance Tax to reduce any financial strain on your loved ones. We’re here to help you every step of the way.

What Probate Involves
The probate process can be intricate, involving several steps to ensure the estate is managed in line with the deceased’s wishes. Below is a breakdown of the key stages of probate:
Validating the Will

Confirming the Will’s validity and ensuring it reflects the wishes of the deceased.

Identifying and Valuing Assets

Listing the deceased’s assets and determining their value for distribution.

Paying Inheritance Tax

Before a Grant of Probate can be obtained, we will complete all of the appropriate tax forms and settle the Inheritance Tax. In most circumstances, only once the tax is paid, can the Grant of Probate be received.

Applying for a Grant of Probate

Once the Revenue have received the Inheritance Tax, submitting the required documents to the Probate Registry to obtain the legal authority needed to manage the estate.

Paying Liabilities

Settling outstanding debts before distributing the estate.

Distributing the Estate

Distributing the estate’s assets to the beneficiaries in accordance with the Will.

Finalising the Estate

Ensuring all legal requirements are met before producing estate accounts showing everything that has been received and paid out of the estate.

Navigating the complexities of probate doesn’t have to be overwhelming. With the support of our experts, you can manage the administration of the estate with confidence, protecting your loved ones and ensuring their future is secure. Get in touch with us today for expert support from normal people.

Applying for Probate
Not all estates require a Grant of Probate. When however a Grant of Probate is required, the first step is to obtain the value of each of the assets and liabilities in the estate.

Once the value of the estate has been established, and any Inheritance Tax has been paid, an application for a Grant of Probate can be made to the Probate Registry. This process requires submitting the original Will to the Probate Registry. Once granted, the Grant of Probate authorises the executor to encash or transfer the assets within the estate.

Our team can assist you throughout the probate application process, ensuring all paperwork is completed accurately to avoid delays. We offer flexible services, whether you need us to handle the entire administration or just need help with obtaining the Grant of Probate for a fixed fee.

Whatever your needs, our experienced team is here to provide clear, jargon-free advice tailored to your situation. Speak with our experts today to get started.

Inheritance Tax and Probate
Inheritance Tax (IHT) can significantly alter the amount of money that beneficiaries receive from an estate. When dealing with probate, it is crucial to consider the potential tax liabilities and how they can be minimised, making sure all possible tax exemptions and reliefs have been claimed.

We provide expert advice on Inheritance Tax planning, ensuring that you are fully informed about your potential tax liabilities and how best to manage them. Our team can guide you on exemptions, reliefs, and planning strategies to help reduce the impact of Inheritance Tax on your estate. We aim to ensure that your estate is administered in the most tax-efficient way, protecting your assets for future generations.

 Speak to our team today for clear, personalised advice.

Contested Probate
Contested probate occurs when disagreements arise over a deceased person's Will, whether due to its validity, the distribution of assets, or a claim of undue influence.

These disputes can be emotionally and financially taxing, but with the help of our experienced solicitors, we can guide you through the process of challenging or defending a Will. Our team strives to resolve matters effectively and efficiently, aiming to protect your interests while reducing the stress of legal proceedings.

For expert guidance and support with contested probate, get in touch with our team today.

Frequently Asked Questions

What is probate?
Probate is the legal process that validates the deceased’s Will, settles their estate, and distributes assets to beneficiaries. This process often requires obtaining the Grant of Probate, allowing executors to manage the estate, pay debts, and ensure assets are distributed according to the deceased’s wishes.
Do I need probate?
A Grant of Probate may be required to release the estate of a deceased person, particularly when assets are held in the deceased’s name alone. However, not all estates require a Grant of Probate, depending on the assets and whether they pass outside the Will, such as joint assets or life insurance.
What happens when there is no Will?

While we always recommend having a Will, many people pass away without leaving one behind. If this happens, the estate is distributed according to the intestacy rules, which can often lead to unintended consequences. Without a Will, your estate may not be distributed in a way that reflects your wishes, and family members may face complications in administering the estate.

If you are dealing with an estate where there is no Will, our probate team can help. We have extensive experience with intestacy cases and can guide you through the process of distributing the estate in accordance with the law. Our experts will ensure that your loved one’s estate is managed fairly and in line with the intestacy rules, minimising complications and delays.

What are the responsibilities of an executor?

An executor is responsible for administering the deceased's estate according to their Will. This includes securing assets, paying debts and taxes, applying for probate, and distributing the estate to the beneficiaries. Executors must act in the best interest of the estate and comply with legal obligations.

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