Probate Solicitors: What They Do and Why You Might Need One

Navigating the aftermath of a loved one’s passing is never easy. The emotional toll can be overwhelming, and dealing with the legalities of their estate might feel daunting. This is where probate solicitors come into play. At Broadbents Solicitors, we specialise in guiding you through the probate process with expertise and compassion, ensuring the wishes of your loved one are respected and legal requirements are met.

Probate is the legal process of administering the estate of a deceased person. It involves validating the will, if one exists, and ensuring that the deceased’s assets are distributed according to their wishes or, if there’s no will, according to the rules of intestacy. This process can include paying off any debts and taxes from the estate before distribution to the beneficiaries. If you’d like to find out more about probate, take a look at one of our latest blog posts.

A probate solicitor provides a range of services to help manage and settle the estate of the deceased efficiently and legally. Here’s a breakdown of the key roles they play:

1. Validating the Will: One of the primary tasks of a probate solicitor is to ensure that the will is valid. This includes checking that it was properly signed and witnessed and that there are no legal challenges to its authenticity.
2. Applying for Probate: If the deceased left a will, the solicitor will apply for a Grant of Probate. This legal document gives the executor the authority to manage the estate. If there’s no will, they will apply for a Grant of Letters of Administration.
3. Estate Valuation: Probate solicitors help in valuing the estate, which includes all assets such as property, bank accounts, investments, and personal possessions. Accurate valuation is crucial for tax purposes and for distributing assets fairly.
4. Paying Debts and Taxes: The estate must settle any outstanding debts and taxes before distribution. A probate solicitor will handle the payment of Inheritance Tax, as well as any other taxes and debts owed by the estate.
5. Distributing the Estate: Once debts and taxes are paid, the remaining assets are distributed to the beneficiaries according to the will or, in the absence of a will, according to the rules of intestacy. The solicitor ensures that this distribution is done correctly and fairly.
6. Handling Disputes: Disputes can arise over the validity of the will, the valuation of the estate, or the distribution of assets. Probate solicitors mediate and resolve these disputes to ensure a smooth probate process.

1. Complex Estates: If the estate is large or complex, involving multiple properties, businesses, or overseas assets, a probate solicitor’s expertise is invaluable in managing these intricacies.
2. Legal Challenges: In cases where the will is contested or there are disputes among beneficiaries, having a legal expert to navigate these challenges can prevent lengthy and costly court battles.
3. Time and Stress Management: Handling probate on your own can be time-consuming and stressful, especially when dealing with grief. A probate solicitor takes on the legal burden, allowing you to focus on your family and emotional healing.
4. Ensuring Compliance: Probate involves strict legal requirements and deadlines. A solicitor ensures that all paperwork is correctly filed and that the process complies with the law, avoiding potential penalties.
5. Tax Efficiency: Probate solicitors can provide advice on tax-efficient ways to manage and distribute the estate, potentially saving money for the beneficiaries.

Dealing with the loss of a loved one is difficult enough without the added pressure of managing their estate. At Broadbents Solicitors, our probate solicitors are here to guide you through every step of the probate process with professionalism and care. Whether you need help validating a will, valuing an estate, or resolving disputes, we offer the expertise and support you need during this challenging time.

For more information or to speak with one of our experienced probate solicitors, contact Broadbents Solicitors today on: Alfreton: 01773 832 511 or Heanor: 01773 769 891. We also have an online enquiry form that you can complete, and we will be in touch with you as soon as possible.