When a person dies, someone must be responsible for their estate. This could be an executor appointed through a Will or an administrator under the Intestacy Rules. When a Will has been made, the executor needs to apply for probate before they can deal with the assets.
Whether you are an executor or administrator, you will be responsible for the assets until they have passed to the beneficiaries. Here we look at whether you need a solicitor to apply for probate.
What happens to their estate when a person dies?
If a person dies with money, property or possessions, this is referred to as their estate. If a Will has been made, an executor will have been appointed. This may be a legally qualified professional, a family member or a trusted friend. For the estate to be distributed in the presence of a Will, a document referred to as a Grant of Probate must be issued.
Should I appoint a solicitor?
A Grant of Probate can take up to 11 weeks if there are no issues with the Will document, according to recent government statistics. It is important to understand, however, that errors can arise in the Will and in the probate application. To avoid delays, it may be best to seek professional advice from a solicitor.
If you are drawing up a Will, remember that a solicitor can be appointed as your executor. As we have mentioned, individuals often want a family member or friend to carry out this role, but appointing a solicitor from a London law firm, or from a trusted local law firm, will ensure that your estate is professionally handled and in a manner which complies with your wishes. Forsters are a London law firm with experience in probate and estate administration.
The knowledge that a solicitor brings to the probate process should help to avoid some basic errors and ensure that the estate is dealt with efficiently. It is particularly important if you have no one prepared to take on the role, or if you have a complex estate.
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