Do you need legal advice from North Yorkshire’s leading Probate law firm? Our specialist Probate solicitors are ready to help.
Our probate solicitors in York, Malton, Selby and Pickering can help you through Probate and estate administration.
When a relative dies, we understand the emotional pain associated with the loss of a loved one. As well as the emotional stress, there is also more to think about if the individual in question hasn’t left a Will. In that case, the individual’s estate has to go through probate administration.
At Crombie Wilkinson Solicitors, we are here to help with our expert probate solicitors at our York, Selby, Malton and Pickering branches. Our Probate solicitors can sensitively guide you through the process and ensure that you have one less thing to worry about. It is important that you seek legal advice on probate matters promptly so that we can act accordingly and make sure everything is taken care of.
Crombie Wilkinson have a team of Probate solicitors in York, Selby, Malton and Pickering ready to advise on inheritance tax, registering the death, valuation of the estate assets and payment of debts. We often find that it is not until one goes through the probate process that they are made fully aware of an individual’s complete estate.
Probate is the process of ‘proving’ the Will in the Family Division of the High Court. The ‘proved’ Will is then accepted as a valid document (Grant of Probate) to which anyone can view (subject to a fee) which enables the Executors named in the Will to administer the estate of the person who has died.
There are a number of tax and legal issues to consider, which can mean a lot of paperwork. Having a probate solicitor on hand to issue the appropriate documents and advise of the necessary steps can not only reduce your stress but also speed up the process of handling an individual’s estate.
Fees are flexible and we can also offer fixed fee arrangements where there is only one specific aspect of the probate matter you would like us to administer. Read more on our probate costs here.
The death of a loved one is a stressful time for everyone. We can help if probate does not go smoothly or the estate is not to be distributed in a way perceived as fair by all. Click here to learn how we can help with Probate issues.
If you need assistance in ensuring your estate is inherited by the people of your choice, our Trust solicitors can help, from our York, Selby, Malton or Pickering offices. Find out more about trust funds here.
How long Probate takes will vary from estate to estate. The very simplest estate may take some 4-6 months to conclude, but for a very large and complex matter, it is not unknown for an estate to take 2 years or more, especially where overseas assets and/or trusts are involved. Get in touch using the contact form to the right to learn more or telephone us to speak to a Probate solicitor.
Whether probate is required or not in an estate depends on the size and complexity of the estate in question. Certainly, jointly held accounts, for example, will generally not require probate to be obtained, as these will automatically pass to the surviving joint holder. Probate, also, will ordinarily not be required to sell a deceased’s motor car, nor will probate usually be required to deal with very small amounts in a deceased’s persons bank account. However, this latter aspect is somewhat ‘muddied’ as the threshold for each bank or building society is different, ranging from between £5,000 and £50,000. So, if an account is held at the bank or building society, the answer here is to enquire as to their specific probate threshold.
Probate will always be needed where a house, or other property, or land, is owned by a deceased. This will be the case whether it is solely owned, or owned by another party, as ‘Tenants in Common’. A Tenancy in Common is where each party holds a definite individual share in the property (as opposed to a ‘Joint Tenancy’ whereby the deceased’s share automatically passes to the surviving co-owner). Probate will also be needed where there is a large amount held at a bank or building society or other institution, but please refer to the previous points regarding thresholds. One bank’s threshold may not be the same as another bank’s threshold. The same can be said for products held at National Savings and Investments. It depends on the product and its value. Similarly, the transfer or sale of shares may also warrant probate, although it may be possible to deal with these assets under a ‘small estates indemnity’. Therefore, if in doubt, double check with the institution concerned.
Probate may also refer to the administration of the estate generally. This is undertaken by the Executors named in the Will and on the Grant of Probate. Administering the estate will consist of, amongst others, valuing the estate, applying for probate, dealing with HMRC and paying any tax due, liquidating the assets, selling a house, paying funeral expenses and other liabilities, settling legacies, and once all the estate administration has been attended to, making final distributions to the residuary beneficiaries.
If a person passes away without a Will, the deceased person will die ‘intestate’. Their estate is then dealt with under the ‘Rules of Intestacy’ such rules being set down in law. Essentially, the next of kin will ordinarily inherit the estate, but be careful, as a spouse or civil partner may not automatically inherit everything.
For more information on our probate and estate administration services, please contact us.
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