At WT Solicitors we provide supportive legal assistance with probate and administration of estates.
When someone passes away, their estate – including property, finances, and personal belongings – must be distributed according to their will (or the intestacy provisions if no will exists). This process is known as obtaining probate and then administering the estate. Estate Administration can often be complex, time-consuming, and emotionally challenging for the family members and executors involved.
At WT Solicitors, we understand the intricacies of probate and estate administration and offer professional, compassionate support to guide you through the process, ensuring everything is handled with care and efficiency.
Obtaining Probate is the legal process through which the validity of a deceased person’s will is confirmed, allowing the appointed executor to carry out the instructions within the will. Estate administration refers to the broader process of managing the estate – including paying off debts, distributing assets to beneficiaries, and handling any tax obligations. If there’s no will, this process is known as “intestate administration,” and the estate will be distributed according to the laws of intestacy.
Why is Probate Important?
Legal Confirmation of the Will
Probate ensures that the deceased’s wishes, as outlined in their will, are legally recognised and carried out. It provides a formal process for proving the will’s validity and allows the executor to begin managing the estate.
Asset Distribution
Probate is essential for properly distributing the deceased’s assets. This can include anything from property and bank accounts to personal belongings. It ensures that your assets are distributed in line with the will (or the rules of intestacy if no will exists).
Settling Debts and Liabilities
Before any assets can be distributed, the estate must settle any outstanding debts, including taxes, bills, and loans. Probate ensures these obligations are handled appropriately before beneficiaries receive their inheritance.
Tax Compliance
The estate may be liable for various taxes, depending on the value of the estate. Probate is necessary to calculate and settle any inheritance tax obligations before distribution.
At WT Solicitors, we offer a full range of probate and estate administration services, designed to alleviate the burden on executors and family members. Our experienced solicitors handle every aspect of the process throughout the entire process. We also offer clear, professional advice to guide you through the complexities of probate whilst ensuring everything is handled according to the law including:
We ensure that all necessary documents are filed with the probate court, securing the legal right to manage the estate.
We help identify and value the estate’s assets, settle outstanding debts, and deal with any tax issues, ensuring the estate is in order.
Once all debts and taxes are paid, we assist with the distribution of the estate to beneficiaries in line with the deceased’s wishes.
Whilst there is nothing legally stopping anyone carrying out the probate process, an executor (or administrator where there is no will) bears personal liability for errors. This means that if they mismanage estate assets, miscalculate inheritance tax, fail to pay creditors correctly, or distribute assets improperly, beneficiaries can sue the executor for their financial losses. This personal financial risk makes professional legal guidance crucial, as solicitors help executors navigate complex legal requirements and shield the executors from potential substantial personal financial and legal consequences.
Probate and estate administration can be complicated and emotionally taxing but we’re here to make the process as smooth as possible, providing expert legal advice and support when you need it most.
The attention to detail and dedication provided by the WT team gave me complete peace of mind knowing that my financial affairs are in order should anything unexpected happen. The team truly went above and beyond, and I feel so much more secure about the future.