This post may contain affiliate links, these are shown with a *. If you click on the link I may get a small referral commission, this does not affect the price you pay.
There comes a time in everyone’s life when we face the inevitable and have to consider whether we need to hire a probate solicitor to help deal with the estate of a loved one.
While you don’t have to hire a solicitor as a legal requirement to help with probate, they can help you in a variety of ways, simplifying the process and ensuring that all the I’s are dotted and the Ts crossed.
What is probate?
Probate is the right given to someone, the Executor, to deal with the estate of someone that has passed away.
Once this right has been granted the administrative and legal tasks that need to be carried out before an estate can be distributed to any beneficiaries, further to the deceased’s written Will can be actioned.
Do you always need to apply for probate?
No.
There are instances when probate isn’t required and these are:
If the estate is small.
Where there are joint assets and property owned as joint tenants.
Do you need probate if there is no Will?
If someone has died without a Will, this is called dying intestate and if they have left an estate it will be the responsibility of an Administrator to deal with this estate.
Dealing with an intestate estate can sometimes be more complicated than if the deceased had left a Will as there are rules that have to be followed in the distribution of the assets, for that reason, you might want to consider hiring a professional to deal with this on your behalf.
What does a probate lawyer do?
I’ll start by saying that a Probate lawyer is not an Executor of the Will unless it has named them in this role.
A probate solicitor be able to assist in applying for probate, calling in and paying off any debts to the estate, completing legal documentation and paying the appropriate fees on your behalf, which they will recoup, ensuring that interested parties are notified of the death of your loved one, carrying out the work to determine if any tax is due from the estate and dispersing any remainder to the beneficiaries following the wishes of the deceased as per their Will or as per the rules of administration.
If you feel comfortable administering the estate, you might only hire them to apply for the Grant of Probate so that you can fulfil your role as an Executor or Administrator of the estate.
Is hiring a probate lawyer a legal requirement?
Depending on the complexity of an estate, probate might not be required nor is there any legal requirement to hire one.
When someone passes away leaving an estate it can sometimes cause a rift in the family and for that reason, whilst it’s not a legal requirement to hire a lawyer, it might be the most suitable option in the circumstances.
As an Executor to a Will, you can also be held personally liable and a claim made against you if it is felt that you have not been administering the estate correctly and have as a result suffered a loss.
Where to find a probate lawyer?
Many of the larger high street firms will have probate departments, but if you are unsure check out their website and see if they have a Wills and Probate team, they might name it differently so if you are unsure give them a call.
The Law Society holds a database of lawyers, if you click within the pro search facility, type in your location and the area of law area of practice, which in this instance would be private client – probate.
One thing to remember when either using one of the bigger high street firms or one that you’ve found on the Law Society database is like any business there are some good firms and bad firms out there so, see if they can offer you a free consultation to get a feel for them to determine whether your feel that they will do a good job for what they are being paid.
How much should you expect to pay?
With a little research, you could find a probate solicitor that is prepared to offer you a fixed fee for dealing with an estate and these might be anywhere between £700 – £1000 not including fees.
If you’re not able to find a fixed fee probate solicitor you can expect to pay between 2% – 5% of the estate value.
Things to consider when hiring a Probate Solicitor
What do you want the Probate Solicitor to do?
Do you want them to just apply for the Grant of Probate or do you want a full service where they deal with the administration of the estate too?
This is important as it will determine what you pay and what you will need to do to make sure that the estate is administered correctly.
Are they reputable?
Check the Law Society website to make sure that they are reputable, but don’t rely on this, check online to see if you’re able to find reviews.
What are their fees and what do they include?
While a solicitor might offer a fixed fee or a fee depending on the estate’s value, this might not include other costs such as letters and calls.
You should expect to pay disbursements fees, those extra costs that need to be paid to complete the process, on top of their fee.
Who is going to be doing the work?
Commonly, partners in a firm will get junior staff to carry out some of the work required, but ask who this might be and ask what their experience is because while you might find the person offering the consultation is very good, you cannot make the same judgement about someone that you haven’t met.
If you can get an answer it might be worthwhile asking what percentage of the work is going to be done by the person that you’re meeting and how much is going to be done by more junior members of staff.
How often will you hear about progress?
This is a fine balance as you don’t want to be kept in the dark as to how long the process is taking, but in the same instance, you don’t want to be contacted regularly that you find that you’re incurring supplementary costs for calls and letters.
How long is probate going to take?
Probate can take between six months and a year to complete, so ask how long they envisage it will take to administer the estate.
Of course, this could come across as how long is a piece of string question as they do not have the facts about the finances of the deceased.
So can you sort out probate without a probate solicitor?
Yes, you can, but should you is the question that you need to ask yourself.
Probate can be contentious with members of the family believing that they are entitled to more of the estate, questioning the validity of the Will or just generally unsatisfied with how you have administered the estate in your role as Executor/administrator.
As in all of my posts, I would recommend that if you’re unsure always seek the advice of a professional, in this instance hiring a probate solicitor could save you time and money.
Leave a Reply