What is Probate?
Probate is the legal process that allows a person’s estate to be managed after their death. An estate includes everything the deceased owned at the time of death, such as property, savings, investments and personal belongings, as well as any debts or financial liabilities. Probate gives the authorised person the legal power to collect assets, pay what is owed and distribute the remaining estate to the correct beneficiaries.
If the deceased left a valid Will, Probate confirms the authority of the appointed Executor. The Executor must apply for a Grant of Probate, which enables them to deal with banks, building societies, HMRC and other organisations.
Where there is no Will, the estate is dealt with under the rules of intestacy. In these circumstances, a close family member can apply for Letters of Administration and will be known as the Administrator of the estate.
Some estates can be administered relatively easily, while others are more complex and take longer to complete. Property ownership, business assets, overseas interests or family disputes can all add to the time and responsibility involved. For this reason, many families choose to instruct experienced probate solicitors in Rochdale to ensure the process is handled correctly and in line with legal requirements.
Our Private Client team at AFG Law supports clients across Rochdale, Greater Manchester and the surrounding areas with a wide range of Probate and estate administration matters.
Who Can Apply for Probate?
Who is entitled to apply for Probate depends on whether a valid Will exists. If the deceased made a Will, it will usually name one or more Executors. These individuals have the legal right to apply for the Grant of Probate and take responsibility for administering the estate.
If there is no Will, the estate is classed as intestate. The law sets out a strict order of priority as to who may apply to deal with the estate. This is typically the closest relatives, such as a spouse or civil partner, children or parents. The person who applies will do so for Letters of Administration and will act as the Administrator.
Both Executors and Administrators have similar duties. These include valuing the estate, paying debts and taxes, keeping accurate records and distributing the estate to the correct beneficiaries. Given the level of responsibility involved, many people seek guidance from probate solicitors in Rochdale to help them make an informed decision about how best to proceed.
How the Probate Process Works
Once an application for a Grant of Probate or Letters of Administration has been submitted to the Probate Registry and approved, the estate administration can begin. Our Probate solicitors regularly deal with the Probate Registry for clients in Rochdale and ensure applications are prepared accurately to reduce delays.
The process usually begins with valuing the estate. This involves identifying all assets, including property, bank accounts, pensions, shares and personal items, as well as any liabilities such as mortgages or loans. Accurate valuations are particularly important where Inheritance Tax may apply.
If the estate exceeds the current Inheritance Tax threshold of £325,000, it must be reported to HMRC and any tax due is usually paid before Probate is granted. Certain reliefs or exemptions may be available, such as spousal exemptions or the residence nil-rate band, and advice can be provided to help you make an informed decision.
Once Probate has been granted, assets can be collected, accounts closed and property sold or transferred if required. Funeral costs, debts and administrative expenses are then paid.
After all liabilities have been settled, the remaining estate is distributed to the beneficiaries under the Will or the rules of intestacy. Estate accounts are then prepared to show how the estate has been managed.
The Probate process can be time-consuming, particularly for those unfamiliar with the requirements of the Probate Registry and HMRC. Instructing experienced Probate solicitors in Rochdale can help ensure everything is completed efficiently and correctly.
Contentious Probate Explained
Contentious Probate refers to disputes relating to a deceased person’s estate. These disputes can arise at different stages of the Probate process and often involve family members or beneficiaries.
Common issues include challenges to the validity of a Will, such as claims that the deceased lacked mental capacity, was unduly influenced, or that the Will was not properly executed. Disputes may also arise where someone believes they have not been adequately provided for.
Concerns can also arise regarding the way an estate is being administered, including delays, lack of communication or the actions of an Executor or Administrator. Early legal advice can help resolve matters through negotiation, mediation or court proceedings where necessary. Our dispute resolution team regularly assists with matters in relation to contentious probate.
How Our Probate Solicitors Can Help Clients in Rochdale
Dealing with Probate while coping with bereavement can feel overwhelming. Executors and Administrators take on significant legal responsibilities, and errors can lead to delays or disputes.
We provide clear, step-by-step support tailored to your circumstances and regularly liaise with the Probate Registry, HMRC and financial institutions on behalf of our clients.
We can assist with Probate applications, Inheritance Tax advice, estate accounts and the distribution of assets. We also advise on future planning, including Wills and Powers of Attorney, ensuring clients have access to a wide range of Private Client legal services.
If you would like to speak to experienced law solicitors about Probate or estate administration, please contact our Private Client team on 01204 377600 or email PrivateClientDept@afglaw.co.uk.
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