The pain of losing a loved one, be it family member or friend, is hard enough before taking on the task of administering their estate. Being named executor of a Will and receiving a grant of probate is a great deal of responsibility, and often handling the estate and dividing the assets alone can be complex and distressing, especially if you are in the process of grieving. For this reason, many find it beneficial to seek professional assistance from a trusted probate solicitor who can either offer partial input and advice or essentially administer the estate under instruction of the client. If you are looking for advice on the process of probate, get in touch with our expert solicitors in Tamworth or Ashby de la Zouch today.
Fishers Dewes’ team of knowledgeable probate solicitors have vast experience in dealing with a range of estates, and can provide a tailored service depending on the level of assistance you require.
Trusting a specialist with your loved one’s estate is highly beneficial in ensuring that all loose ends are tied up; as executors will be held personally liable for all mistakes, deliberate or accidental. As thorough as you may be, our expert probate solicitors have many years experience dealing with estates both simple and complex, and will be at hand to help speed up the process and resolve any disputes that may arise along the way.
Services we offer
What happens if the person did not leave a Will?
If the deceased did not leave a Will or named no executors in the Will, the family member or friend who takes on the estate will have to apply for ‘letters of administration’ in order to legally be allowed to administer the estate. This is something that our probate solicitors can assist you with. If this is the case, the assets of the estate will be distributed according to the rules of intestacy, which means the law will decide who will inherit. If the person has a living spouse, then they will automatically inherit all the personal belongings of the deceased as well as the first £250,000 from the estate, or all of the estate if the deceased had no children.
What if there are several executors named in the will?
If all executors named in the will wish to administer the estate, then up to four executivors will be able to apply for the grant of probate. Of these four executors, it is possible to act jointly in administering the estate, reaching agreements together on important decisions. The issue with this approach is either that disputes may arise between executors or that executors will not always be living in the same area. Either way, it tends to lengthen out the process. Another approach in this situation is for the executors to decide amongst themselves who will lead the process. This can be decided based on their line of work, level of expertise in the field or perhaps the executor who was closest to the deceased. Alternatively, the multiple executors can instruct a solicitor to provide legal advice and handle all the paperwork.
How long does the process take?
It all depends on the complexity of the estate, but for the average estate the process should only take around 6-9 months. In cases where there are complications, for example delays in obtaining valuations for assets or if the deceased’s financial situation was not straightforward, it can take up to a couple of years. We recommend that in any case you instruct a legal professional who is experienced in estate administration to advise and assist you, as it will usually result in a smoother and shorter process.
Get in touch
For further information on any of the above services or to book an appointment with one of our specialist probate solicitors please call your nearest office or complete the enquiry form and a member of our team will be in touch.