01135 376 046

Probate and Trust Lawyers Leeds

family law leeds execturies probate lawyer

If you need advice or assistance in relation to Probate, Family Law Leeds can help.

We understand that for many people, acting as an executor of an estate may be daunting. Most people have never acted as an executor before and are unfamiliar with the process. Taking responsibility for the affairs of a loved one can seem like a lot of work at a difficult time, but Family Law Leeds can help. We will guide you through the process with empathy and professionalism. Our lawyers have managed even the most complex estates, and have years of experience in dealing with complex probate matters.

To discuss your specific needs and concerns with us today, call us now on 01135 376 046 or complete our online enquiry form and someone from our team will be in touch. We look forward to helping you at this challenging time.

What is probate?

Generally, probate is the process of administering someone’s estate after they pass away. However, when a person passes away, a formal grant must be given by they court in order for their estate to be gathered and distributed. This is known as a Grant of Probate. The term probate is used to describe both a Grant of Probate, and the process you must go through in order to obtain the grant. The probate process also includes;  

  • Making an inheritance tax return to HMRC
  • Paying inheritance tax to HMRC
  • Finalising income tax and pensions
  • Gathering the estate from banks and building societies
  • Selling the assets of the deceased
  • Paying any money due to beneficiaries
  • Making any gifts from the estate to beneficiaries
  • Preparing accounts for the estate

What are Letters of Administration?

Letters of Administration are granted where the deceased did not leave a valid Will. It is also commonly referred to as probate because they two are in practical terms the same. However, there are slight differences in the process for obtaining Letters of Administration.  

Do I need a Grant of Probate?

Where the estate of the deceased is less than £5000 and only contains cash funds held in deposit accounts, you will generally not need to apply for Grant of Probate. However, if the estate does include land or shares, you will still need to apply for probate. Where the deceased leaves assets of more than £5,000 you will need to apply for grant of probate.

 Who is required to obtain a grant of probate?

Where the deceased has let a Will, it will be the executors that obtain probate. Where there is no Will, there are statutory rules about who may obtain probate in order to administer the estate. Probate is required to access the bank accounts of the deceased, pay their debts and to administer the estate, and until probate is obtained no beneficiaries can receive their inheritance.

How do I obtain probate?

There are three stages to the probate process.

Investigation of the estate

This involves gathering all the information about the assets and liabilities of the deceased. You may need to contact banks, building societies, insurance companies and any other parties you believe will be necessary.

Completing tax returns and applying to the probate registry

After you have investigated the extent of the estate, you must complete the relevant form depending on the size of the estate. Where the estate exceeds £325,000 the executors will need to calculate the amount of inheritance tax due. Once the tax return has completed, you can then make an application to the probate registry. HMRC or the probate registry may raise issues with your application, so it is important that is completed correctly and accurately.

Collection and distribution of the estate

The estate should be distributed to the appropriate beneficiaries in accordance with the terms of the Will. The executors must then produce final estate accounts and a final tax return.

As you can see, the process of probate can be complicated and involves a significant amount of work - our solicitors can help.

Contact Family Law Leeds Probate Solicitors

If you need advice and assistance in relation to a probate, or any other family law latter, contact us today. We will guide you through the process no matter what your circumstances, and you can feel confident your case is in great hands. To discuss your specific circumstances with a member of our expert team, call now on 01135 376 046 or complete our online enquiry form and someone from our team will be in touch.

We look forward to helping you at this difficult time.

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