Probate

At your time of loss, use our Fixed fee Probate Solicitors Service

Have you recently suffered a bereavement and are looking for support and direction to administer a deceased's estate?

Dealing with someone's affairs when they die can be complicated and confusing, especially at a time of high emotion.

Our Specialist Probate Team is sensitive, sincere and sympathetic to the needs of all of our clients during very difficult and trying times. Whether you need some advice on what steps you need to take in order to deal with the estate of a loved one or you are looking for someone to carry out services on your behalf, whatever your circumstances our Specialist Probate Team has the right answers and solutions for you. At a time of loss, financial matters are very sensitive, so it should be reassuring to know that Premier Solicitors offer Fixed Fee Probate Services.

Our Specialist Probate Team comprises a Chartered Accountant (ex-PricewaterhouseCoopers), a Chartered Tax Adviser, a Chartered Secretary, an Independent Financial Adviser, a Taxation Technician, a Notary Public and a Trust & Estate Practitioner, as well as of course qualified legal professionals.

Avoid unnecessary large legal fees!

By using Premier Solicitors you will have the assurance of professional expertise, providing the right solutions for you at FIXED LOW COST rates. Read our FAQs about Probate and then call us today on 01234 481 085 to speak to a member of our qualified team.

What is an estate?

Someone's estate is everything that they own; all of their assets (whether real property or personal property) and their liabilities.

Who are Executors, and what are their responsibilities?

An executor is a person the deceased wished to deal with the administration of their estate after their death. It is your Executor's responsibility to:

• determine what property and other assets you owned, as well as your liabilities.
• arrange for current valuations of your personal possessions, property, investments, any pension or insurance entitlements due and also any debts and bills
• arrange for the payment of your funeral
• establish Income Tax, Capital Gains Tax and Inheritance Tax liabilities and complete the necessary tax returns to submit to the Revenue
• complete and submit the necessary Probate Registry forms
• arrange the clearance and sale of any property
• collect assets and pay any debts
• arrange for the distribution of legacies and gifts to your beneficiaries
• compile detailed accounts to give to the main beneficiaries
• in the case of minor children being beneficiaries, then your Executor may act as Trustee for ongoing trusts, to hold their monies until they reach 18.

Your choice of Executors and/or the Solicitors they instruct can determine how quickly and efficiently the administration of the estate is progressed.

Through our fixed fee probate service, Premier Solicitors can assist in how the administration of an estate is progressed, and can progress matters on a timely basis, in order to maintain low costs and high client satisfaction.

What is probate?

Probate is the court's authority, given to a person or persons, to administer a deceased person's estate and the document issued by the Probate Registry is called a Grant of Representation. This document is usually required by the asset holders (such as banks) as proof to show the correct person or persons have the Probate Registry's authority to administer a deceased person's estate.

When is Probate required?

The Probate process is needed when investments (typically over £5,000) were held in the deceased's sole name and the banks, building societies and other organisations request for a Grant of Probate/Letters of Administration in order to release the funds held.

Finally, let Premier Solicitors dispel some myths:

Premier Solicitors ticks all the right boxes. Premier Solicitors is here to change the way you see a Law Firm. If you think:

• There will be lots of hidden charges
• It is difficult to speak to a Solicitor
• Solicitors work too slowly
• …then clearly you have not worked with us yet. Discover the Premier Solicitors' Difference or call us now on 01234 35 80 80

Our rates are so competitive that we carry out work for many other Solicitors, Will Writing & Probate Companies and High Street Banks for a number of reasons, including: they may not deal with Probate work (for example Commercial-only firms of Solicitors or Will Writing only-companies); they may not have the expertise to deal with the more complicated cases; they may not be able to cope with large volumes of work; or we may simply be cheaper than their advertised cost!

Probate Problems?

If you have a problem with your current Solicitor, Bank or Will Writing & Probate Company, come to us to help you resolve the problem, or take over the work efficiently and cost competitively. We have significant experience in this area.

Call our Specialist Wills & Probate Team on 01234 35 80 80

Helpful information: Watch out for Probate Scams

Please be aware that there are currently several Probate scams in operation via the Internet. Many of these will inform the recipient that they are the beneficiary of a substantial legacy but will ask for fees and/or taxes in advance of sending more information or the release of funds.

These will always be fraudulent and on no account should you make any payment or transfer any funds. You can obtain further information and advice concerning such scams on www.met.police.uk/fraudalert. You will also find information about reporting such activity to the police, as the police may be able to close down the e-mail accounts concerned.

What is an insolvent estate ?

A common misconception amongst people is that when a person dies their debts disappear, but this is not the case unless otherwise stated. When a person dies their debts are paid for from their assets at the time of death. If their debt exceeds their available assets then the estate will be insolvent. Sometimes it is not known if an estate is insolvent until the grant of probate has been received. When the estate of the deceased is insolvent, gifts and legacies cannot be distributed to the beneficiaries under the Will. This part of the law is governed by Administration of Insolvent Estates of Deceased Persons Order 1986 (DPO 1986).

Who is a personal representative and what are their duties?

A personal representative is usually the named Executor of the deceased's Will. When a person dies without making a Will, the personal representative is the person a grant of administration has been given to. It is the duty of the personal representative to pay off all debts of the deceased and if this is not done then they may be liable to pay money back into the estate. In order to avoid this, it is advised that the personal representative should apply for an Insolvency Administration Order.

Insolvency Administration Order

A personal representative or a creditor can apply for the IOA by way of a petition at court.

Why get an insolvency Administration Order

Getting an Insolvency Administration Order makes it easier and safer for a personal representative to deal with the debt to the creditors.

How we can help

Our specialist team will help you deal with the insolvency and court process as well as the administration of the estate. Our team will handle your matter with great sensitivity and understanding. The administration of an insolvent estate can be a difficult process, and we are here to help and advise you through this process.