You are not bound by the law to go seeking any legal input when handling the probate process. But it is a good idea to do so when you have a specialist probate lawyer to take care of the complexities of the process.
A grant of probate is the legal permission that executors need to manage to carry out the wishes stated in the will. The executor shall then proceed to do the job of collecting all the assets of the deceased and distribute them among the beneficiaries as per the instructions of the will. They too may be named as a beneficiary, and still perform the duties of an executor. There are cases where there are more than one beneficiary mentioned, which allows for not more than four to apply for the grant. They will then approach the matter as a team.
In cases where there are no probate solicitors to facilitate, the executor shall have to go through the probate services to get the grant. For cases where there was no will, there would have to be an application for letters of administration. The same applies in cases where the named administrators are unwilling to undertake the task. When you are handling a grant application, you will have to present a copy of this letter to the probate office. Probate solicitors normally are entrusted with the wills, and so they can give expert probate legal service.
Where there is an inheritance tax charge on the estate, then at least a part of it needs to be paid before the grant is issued. The grant can be out before the tax authorities decide how much tax shall be charged on the estate. In case they come up with unfair figures according to you, you need to seek the counsel of a solicitor. A probate solicitor knows the intricacies of inheritance laws and tax matters. You need such a person to manage the complexities of our situation.
The executor will most likely have to deal with so many banks and other financial institutions when conducting their duties. This forces them to get many copies of the sealed grant. There is no instance where unsealed copies or photocopies are applicable. The executor, therefore, has to determine how many copies shall suffice while applying for the grant. The rates applicable shall be enclosed with the grant application.
When you think of all the intricacies that go with the work of managing such a process, it makes sense to seek professional assistance. A probate solicitor shall handle the process much faster. You will also need them when it comes time to sell the property in the deceased’s estate.
They shall most importantly help you get the inheritance tax amounts reduced.