Probate Solicitors Chester: Our Expertise

What is Probate?

Probate is the legal process of administering a person’s estate after they have passed away. It gives someone (usually a close family member or a person named in the Will) the authority to deal with the deceased’s finances, property, and other assets. This involves collecting and valuing the estate, paying off any debts and taxes, and distributing the remaining assets to the rightful beneficiaries.

If the deceased left a valid Will, the person responsible is known as the Executor, and they will need to apply for a Grant of Probate to begin the process. If there is no Will, the process is slightly different: a close relative can apply for a legal document known as Letters of Administration and take on the role of Administrator. In both scenarios, the duties and responsibilities are similar.

Probate can be straightforward in some cases but complex or time-consuming in others, especially if the estate is large, involves property, or there are disputes between family members. That’s why it is recommended in many cases to work with a specialist probate solicitor in Stockport to help ensure the process is carried out correctly according to the law.

If you are in search of specialist legal advice surrounding Probate services then our Private Client team at AFG Law can help. Our Probate solicitors, Chester have many years of experience in this area of law and are here to provide supportive advice and guidance to clients. Please get in touch with a member of our team today to find out more.

Who Can Apply for Probate?

Who can apply for Probate depends on whether the person who passed away left a valid Will or not. If there is a valid Will, then the person named as the Executor has the legal right to apply for the Grant of Probate. This document then gives them the authority to manage and distribute the estate according to the wishes in the Will.

If there is no Will then the estate is treated as intestate and the law sets out the order in who can apply to deal with it. This is usually the closest living relative and could be a spouse, a child or a parent. This person then applies for Letters of Administration and will become the Administrator of the Estate.

Executors and Administrators have very similar responsibilities, including valuing the estate, paying debts and taxes, and distributing assets to beneficiaries.

The Probate Process

Once an Executor or Administrator has applied either for the Grant of Probate or Letters of Administration the process of Probate can begin.

The first step is to value the estate. This involves identifying all assets, including property, savings, pensions and investments, as well as any outstanding debts like loans or credit cards. If the estate exceeds the Inheritance Tax threshold (currently £325,000), it must be reported to HMRC and any tax owed will need to be paid.

Once the Grant of Probate or Letters of Administration has been issued, the Executor or Administrator can start collecting funds, closing accounts and contacting financial institutions. Debts, funeral costs and administrative expenses must be paid.

After all liabilities have been settled, the remaining assets are distributed to the beneficiaries, either according to the Will or under the rules of intestacy. A full set of estate accounts should then be prepared to show everything received and paid out, which can be shared with the beneficiaries if needed.

The process can be time-consuming, especially if the estate is large or complex, which is why many people choose to work with a specialist solicitor for support.

What is Contentious Probate?

Contentious Probate refers to any dispute that arises during the administration of a deceased person’s estate. These disputes can involve disagreements over the validity of the Will, concerns about how the estate is being handled, or arguments between family members or beneficiaries.

One of the most common reasons for contentious Probate is when someone challenges the Will itself. This might be due to claims that the person lacked mental capacity when the Will was made, was unduly influenced by someone else, or that the Will was not properly signed and witnessed. Other disputes can arise if someone believes they were unfairly left out of the Will, or if they feel the Executor or Administrator is not acting in the best interests of the estate.

If there is no Will, disagreements can also occur over who should administer the estate or how the assets should be divided under the rules of intestacy.

Disputes over the Probate process can be stressful for all involved, but a specialist Trust and Probate solicitor experienced in contentious Probate can provide expert legal advice on your rights and help you explore negotiation and mediation options. Our Probate solicitors in Chester can also represent clients in Court if necessary. For more information on our Probate services, please get in touch with our specialist solicitors today.

How Can Our Probate Solicitors in Chester Assist?

Dealing with the Probate Process can be overwhelming, especially when you’re coming to terms with the loss of a loved one. It involves a number of legal and financial responsibilities that must be handled with care and accuracy. From valuing the estate and applying for the right legal documents, to settling debts and ensuring beneficiaries receive their inheritance, the process can be time-consuming and emotionally draining.

Our team of Wills and probate solicitors in Chester at AFG Law offer comprehensive, step by step support throughout every stage of the Probate process. We understand how emotionally and practically challenging it can be to manage a loved one’s estate, which is why we work closely with you to ensure all legal and administrative responsibilities are carried out correctly, efficiently, and with sensitivity.

Whether you are applying for a Grant of Probate, dealing with Inheritance Tax, or distributing assets to beneficiaries, our probate solicitors, Chester are here to guide you through the process and relieve the burden. Our aim is to give you peace of mind, knowing everything is being handled in accordance with the law and your loved one’s wishes.

We also provide estate planning services to help you prepare for the future, including powers of attorney, with clear advice and a fixed fee structure for added peace of mind.

If you would like to speak to one of our Probate solicitors in Chester from our law firm regarding the Probate process or any of our legal services, please do not hesitate to get in touch with us today. We can be contacted at PrivateClientDept@afglaw.co.uk or phone us on  0161 464 4116.

Please note that AFG Law has offices based in Bolton, Bury and Stockport. However, our Probate solicitors can effectively assist clients in all areas of England and Wales remotely, including clients in Chester.