Here to help you with probate
We understand that dealing with a loved one’s estate and applying for probate can feel overwhelming. We’re here to simplify the process for you and guide you through each phase with clarity and care. Whether you’re an executor or a beneficiary of a Will, our team of dedicated probate solicitors will support you to feel informed, confident, and at ease.
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Guiding you through the probate process
Probate is the legal right to deal with the estate (money, property and possessions) of someone who has passed away. There are many aspects to consider, beginning with whether you need to apply for probate and if you’re eligible to apply. We will listen to you to understand your unique circumstances and provide you with bespoke support and a tailored plan that protects your interests
Applying for probate can be complex, but we are here to make it simple for you and give you confidence in the process. Typically, the process involves organising a deceased person’s assets, paying inheritance tax, paying any outstanding debts, and distributing the remaining estate to the rightful beneficiaries. You will most likely need to obtain a ‘Grant of Probate’, a legal document which permits the executor of a Will to manage the estate. Our specialist team will give you clear, step-by-step direction, making the process as smooth as possible for you.
Why choose
CWC Solicitors?
Our top priority is that you feel supported and confident throughout the sensitive probate process. You will be allocated one of our specialist solicitors who will be your trusted guide from the beginning to the end of the process. You will have direct access to your solicitor who will provide you with personalised care and attention and regular updates. We aim to work as swiftly as possible to help achieve a positive outcome for you.
Frequently asked questions
Still unsure or need something explained properly? Contact us, and we’ll guide you through it.
1. What is the first step in the probate process?
The first step is to locate the deceased person’s Will, which will most likely nominate an executor. The executor will then need to apply for a Grant of Probate, a legal document which permits the executor to manage the estate.
2. Do I always need probate to deal with the estate?
Probate is not always required; it depends on the type of assets involved and their value.
3. How long does it typically take to complete probate?
The duration of the probate process often takes several months. The timeframe is affected by various factors such as the complexity of the estate, the clarity of the will, whether inheritance tax is due, and if there are any disputes.
It can also take many months for the Grant of Probate to be granted.
4. Can I carry out probate without a solicitor?
Yes, however probate can be complex so a solicitor’s support ensures that all aspects are addressed correctly.
5. What taxes need to be paid during the probate process?
In addition to inheritance tax, there may also be income tax or capital gains tax, which the executor has the duty of handling.
6. How can I reduce the risk of disputes during probate?
Clear communication between parties is important, while a solicitor can assist with mediating disputes. Our solicitors specialise in mediating to secure an agreeable outcome for all parties.
7. What happens if there isn't a Will?
If you pass away without a will, assets are distributed according to the law of intestacy –dying without a will – which rules on the order of family members your assets will pass to. We can help determine the rightful heirs in such cases.
8. Can creditors claim against the estate during probate?
Yes. All liabilities should be settled and debts paid before distributing the estate to avoid personal liability. We can help identify any potential claims and address them promptly.
9. What are the duties of an executor?
Executors are responsible for managing the estate which includes paying debts, and distributing what’s left to the beneficiaries. The role has legal obligations, which we can help fulfil.
10 How can CWC Solicitors assist with probate?
We offer a full range of probate services, including consultation and advice, probate grant only applications, and complete estate administration. We work to ensure that the wishes of your loved ones are respected and fulfilled.
Related services
Inheritance Disputes
We understand the sensitivities involved in inheritance disputes and will explain the options available to you in a clear, concise way. We will ensure you are fully informed and feel confident about the pathway forward.
Writing a will
Our specialist solicitors will guide you through the Will writing process with compassion and clarity to ensure your wishes are fulfilled and your legacy is protected.
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