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Probate and Estate Administration Solicitors in Loughborough
Losing a loved one is one of the hardest things you can go through. If it is also up to you to sort out their estate it is easy to feel overwhelmed. At this time, the support and guidance of a skilled and sensitive probate solicitor can make all the difference.
At Johnson Astills, we can provide professional support and guidance throughout the entire estate administration process.
What our Probate Solicitors in Loughborough can do for you
Whether or not your loved one left a Will, it is likely that a Grant of Representation will be required. We will provide whatever level of legal support you need during this time, whether you simply require some assistance with the paperwork or you would like us to handle the entire process on your behalf. Our service includes:
- Obtaining the Grant of Representation (legal authorisation to administer an estate):
- Grant of Probate if the deceased left a Will
- Letters of Administration if the deceased did not leave a Will
- Assisting with the valuation of the estate
- Handling the deceased’s money and property and arranging for the payment of their debts
- Paying Inheritance Tax (if required)
- Ensuring the estate is correctly distributed between the beneficiaries either in accordance with the Will or the Rules of Intestacy if the deceased did not leave a Will
We advise both executors (people appointed by the deceased under their Will to administer the estate) and administrators (close relatives of the deceased who administer the estate where there is no Will).
What is Probate?
Probate is part of the estate administration process after someone dies. It is the legal process of obtaining authorisation from the Probate Registry to deal with a deceased person’s estate.
If the deceased left a Will, they will have appointed executors to handle the administration of their estate on their behalf. However, if you have been named as an executor, it is likely that you will still need to apply to the Probate Registry for a Grant of Probate in order to deal with all of the assets in the estate.
If the deceased did not leave a Will or they failed to name any executors, someone (usually their next of kin) will need to take on the responsibility of administering the estate. To gain legal authorisation to do so, you must apply to the Probate Registry for Letters of Administration.
There are legal rules setting out who is entitled to apply for Letters of Administration and in what order. The Responsibilities of an administrator are the same as executors, but instead of following the deceased’s wishes under a Will, you must follow the Rules of Intestacy.
What is an IHT 205?
This is the form required to support the application for probate in most estates where no Inheritance Tax is payable. It contains information about the deceased’s estate including details of asset and liability values at the date of death, any lifetime gifts made by the deceased in their lifetime and information about such things as pensions and life policies.
If Inheritance Tax is payable a more complicated form, IHT400, and more information is required and must be submitted to HM Revenue and Customs before the application for probate can be made.
How much does a Grant of Representation cost?
There are no application fees for estates under £5,000.
If your solicitor applies for the Grant of Representation on your behalf the Probate Registry fee is £155 for all estates over £5,000.
For non-legal professionals, the application costs £215 for estates over £5,000.
Is Probate always required?
For the majority of estates, you will need to apply for probate. However, you may not need to apply for probate if:
- The deceased’s combined assets are modest (sometimes banks will release money without a Grant of Representation)
- The deceased jointly owned their assets with someone else and they have automatic rights of survivorship
- The deceased’s assets are all physical such as bank notes, coins and personal belongings
Why choose Johnson Astills Probate Solicitors?
Our probate solicitors understand how difficult this time can be. We hope to take the weight off your shoulders as much as possible by providing the support you need, when you need it.
We will deal with your estate administration case with the sensitivity and professionalism it deserves, addressing each stage with meticulous attention to detail to minimise the risk of disputes arising down the line.
As a firm, we are Lexcel accredited by the Law Society for our excellent customer service and legal practice management.
Two members of our team, Jane Hinds and Jessica Huczmann are associate members of Solicitors for the Elderly, with in depth understanding and experience of the legal issues elderly clients are often faced with.