Christelle Thompson Solicitors Near Me

Can You Do Probate Yourself?

Can you do probate yourself? Yes, you can do probate yourself. There’s no legal requirement to hire a probate solicitor or any legal professional.

The big question is whether you should do probate yourself.

To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here is everything worth considering before you start applying for probate with no legal expertise on your side:

What is probate?

Probate is the legal right to deal with the estate of someone who has passed away. To get this permission in most of the UK, you need to apply for a legal document called a Grant of Probate (in Scotland, it’s called a Grant of Confirmation). You also need to be an executor named in their will.

If there is no will, you are technically applying for a document called a Grant of Letters of Administration and to be the administrator of their estate rather than the executor.

Once you have successfully obtained probate, you have the right to access their bank accounts, sell any property, and generally handle their assets according to their will (or the Rules of Intestacy if there is no will).

Can I do probate without a solicitor?

Yes, you can do probate without a solicitor and many people do. If the estate is relatively simple, doing probate yourself can be the most cost-effective way to proceed.

That said, the process of applying for probate isn’t always straightforward. The role of executor or administrator of an estate comes with many responsibilities. It also opens you up to potential personal liability for any errors you make along the way. Even if you were trying your best.

Is probate difficult to do yourself?

This very much depends on the complexity of the estate.

You may be able to handle probate for a simple estate yourself. This would be the kind of estate with a low value or when all the property is owned jointly and the surviving partner will simply inherit everything.

When things like Inheritance Tax get involved though (the threshold for Inheritance Tax in the UK is currently £325 000), it becomes increasingly worthwhile considering getting at least some legal advice.

Should I do probate myself? Things to consider

There are a few vital issues to think about before you take on the challenge of doing probate yourself:

1) Paperwork

The job of applying for probate and then being executor or administrator of an estate involves a lot of paperwork. If you don’t find this easy, it’s important to prepare yourself or consider other options.

2) Legal complexity

The forms required to apply for probate can be completed by someone with no legal expertise.

However, working out things like who the beneficiaries of a will really are can be challenging. For example, what if a charity beneficiary has ceased operations since the will was written?

3) Personal liability

As the executor of the estate, you can be held personally liable for mistakes made during the administration.

For instance, if a creditor was not given sufficient time to claim repayment of a debt, you might have to cover that debt. You also have to ensure the correct Inheritance Tax is paid.

4) Obligation to notify creditors and pay debts

The estate is legally obliged to pay its bills. This might be actual bills, but may also be a mortgage or other debts.

As executor, you are obliged to give creditors a set period in which to step forward and make a claim on the estate. This can involve a great deal of investigatory work to track all debts down.

You are also obliged to advertise the death. This usually includes placing a death notice in The Gazette as well as other reasonable steps to spread awareness of the death.

5) Probate applications can be rejected

Though probate application forms can be completed by a layperson, they are not necessarily the easiest to understand for someone without a legal background.

Incorrect paperwork can lead to probate applications being rejected. You’ll then need to address these issues and apply again, usually leading to – at the very least – weeks and possibly months of delay.

6) Applications and actions can be contested

It is critical that you keep thorough records of your actions and the estate accounts if you are an executor. This is because the beneficiaries of the will have the right to contest any costs or actions they feel aren’t right.

When should I use a probate solicitor?

There are several circumstances in which it’s usually not a good idea to handle probate yourself:

Relationship difficulties – trying to deal with the death of a loved one at the same time as complex legal affairs is unpleasant, leading many close relatives to stay clear of the probate process. The same is true if relationships between surviving family members are difficult.
Complexity challenges – when there are many different assets, many different beneficiaries, or the estate has a large value, it gets progressively harder to be confident you’re meeting the legal responsibilities of an executor.
Valuation or tax confusion – if Inheritance Tax needs to be paid, it’s an easy dividing line telling you it’s worth considering calling in legal expertise. The same is true of assets like property that need to be professionally valued if they’re not to be contested.

Can I start probate myself and then change my mind?

Of course, there’s nothing wrong with looking into the probate process a little to see if you feel you can handle it yourself and then calling in a probate expert to take over.

Doing probate yourself is often the most affordable way to handle the affairs of someone who has died. Yet probate solicitors and other specialists exist for very good reasons.

How about talking over your personal situation with an expert without any commitment?

Solicitors Near Me will find you a friendly probate specialist for free and with no obligation.

Tell us about the kind of advice you need today.

Probate Solicitors Near Me

To find a specialist probate solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.

To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How To Do Probate Yourself

Amidst the grief of the passing of a loved one, the complex legal process of probate is often the last thing you want to deal with. Yet it can minimise the costs associated with a death.

To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here’s everything you need to know about how to do probate yourself:

What Is Probate?

Probate is the legal right to manage the estate of someone who has died. Their “estate” is all of their assets – the property, money, investments, and personal possessions they owned.

In order to administer this estate, you need to apply to the Probate Office for either a:

Grant of Probate – if the person who has died left a will. This grant gives you the right to access the deceased’s assets and follow the instructions in the will for their distribution.
Grant of Letters of Administration – if there is no will, you can apply following what are called the Rules of Intestacy (which can be thought of as a sort of default will).
Grant of Confirmation – if you are in Scotland, the probate process is slightly different and referred to as confirmation.

Not every estate needs to go through the probate process. For example, you won’t need to if all property is jointly owned and there is a survivorship clause.

Can You Do Probate Yourself Without A Solicitor?

Yes. There is no law forcing you to use a solicitor to obtain probate.

However, it is worth underlining that doing probate yourself can be time-consuming and complicated. You can also find yourself personally liable (that is to say, at the risk of needing to cover costs yourself) if mistakes are made during the process.

Only for a relatively simple estate is it a good idea to go ahead with applying for probate yourself with no legal expertise whatsoever.

How To Do Probate Yourself

If the estate is a complicated one, it’s definitely worth at least talking it over with a probate solicitor before you get started. But if you are sure you want to do probate yourself, here’s how to go about it:

1) Register The Death

In most of the UK, you need to register the death within five days. In Scotland, it’s eight days.

This is important to do not only legally but also because you will need multiple copies of the death certificate during your probate application.

2) Locate The Will

Next, confirm that there is a will and that you are named as one of the executors. The will should also explain who the deceased’s assets should go to and the funeral plans they wanted.

If there is no will or it doesn’t name an executor – or if the named executor is incapable for some reason – you can apply for that Grant of Letters of Administration. If successful, you then become the “administrator” of the estate instead of an executor.

3) Pay Inheritance Tax

Somewhat confusingly, you need to pay Inheritance Tax (IHT) before you can get your Grant of Probate document. This means you need to value all of the deceased’s assets and add them up, including:

Money in bank accounts and building societies
Property and land (these will normally need to be professionally valued)
Stocks, shares and other investments
Personal possessions
Potential negatives, such as debts they owed

The Inheritance Tax threshold in the UK is currently £325 000. If the deceased’s estate is valued at less than this, you won’t need to pay IHT – it counts as an “excepted” estate. If it is worth more than that threshold, you need to pay the correct tax. This can usually be done from the estate itself.

It’s also worth knowing that there are ways to increase this limit (such as the “residence nil-rate band” if property will pass to a direct descendant) or other ways an estate might be excepted from IHT (such as if all property is jointly owned and passes to the deceased’s partner).

You have six months from the end of the month in which the person passed away to pay all of the IHT that’s due. You can’t get probate until this is done.

4) Apply For Probate

Only now can you apply for probate. You can do this online or by paper depending on the estate.

5) Notify Relevant Parties

It’s also your job as executor or administrator to notify all relevant parties of the death. This means locating the deceased’s bank accounts, investments, utility companies they used, government bodies, and even any creditors. You will usually need to:

Search paperwork, files, and hard copies
Look for digital accounts and online platforms
Trace through My Lost Account and other similar services
Post a notice of death in The Gazette

6) Pay Off Any Debts

If the deceased owed money to any creditors (this includes things like their mortgage) then the estate is liable for paying it. It’s important to note that the deceased’s family is not liable for debts if the estate runs out of money.

There is a strict priority order in which debts need to be paid. If you don’t follow it, you can be personally liable for covering the costs if someone tries to claim something they’re owed later down the line.

7) Claim Any Life Insurance

One often-overlooked factor is that someone who has died may have had an unknown life insurance policy that can help cover any costs. This is one of the key things to look for when investigating the deceased’s estate.

8) Distribute The Remaining Assets

Finally, it’s time to distribute the remaining assets from the deceased’s estate in line with the wishes laid out in their will. If there is no will, you usually have to follow the Rules of Intestacy.

A common misconception is that the deceased’s partner is automatically due a share of their estate. Sadly, the law doesn’t recognise unmarried partners unless they are mentioned in the will.

The Best Tip For Do It Yourself Probate

As you can see, applying for probate yourself is a complex and potentially time-consuming process, but it is possible. The most important thing is to be systematic and very organised. Make notes. Make a plan. Keep records of where you’re at. If in doubt, legal advice is easy to access.

Want to talk through how to do probate yourself (or with a bit of advice)?

Solicitors Near Me can find you a helpful and friendly probate solicitor to chat with – for free and with no obligation.

Reach out to us today for a chat about your personal situation.

Probate Solicitors Near Me

To find a specialist probate solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.

To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Do I Need Confirmation For A Small Estate In Scotland?

Do I need confirmation for a small estate in Scotland?

What constitutes a small estate is actually defined by Scottish law as one with a total value under £36 000. Confirmation is the legal right to deal with the estate of someone who has died. But do you need confirmation for a small estate in Scotland?

The short answer is yes. But you can get free assistance to apply for it from the Sheriff Court.

If you need help with Confirmation in Scotland, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

However, it’s worth knowing a little more about confirmation and the application process before you choose how to proceed:

What is in an estate?

An estate is everything that a person who has died owned. In Scotland, this is broadly summarised by two groups:

Heritable assets – their house, other property and land.
Moveable assets – money in their bank accounts, personal possessions, shares and investments and so on.

What is the threshold for a small estate in Scotland?

The threshold for a small estate in Scotland is £36 000. If the estate is worth less than this, it is “small”. Any bigger, it’s a “large” estate.

Don’t forget that in Scotland the value of the estate doesn’t include any debts or other sums that the deceased owed.

What is the difference with a small estate in terms of confirmation?

The only real difference with a small estate when it comes to confirmation is that a small estate tends to be a simpler one.

The official known as the Sheriff Clerk is also able to help you apply for confirmation if it is for a small estate. They are not legally allowed to do this for large estates, so you’ll need to search out reliable legal expertise if the estate is valued over that £36 000 threshold.

Who deals with the estate?

The person who applies for confirmation is aiming to be “confirmed” as executor of the will if they are named in it. If there is no will or no named executor, the courts will usually appoint one – and you can apply for the role if you are a close family member (a set priority order of the deceased’s relations is set out).

If there is more than one executor – and there frequently is, because it’s sensible to name several in case any were to predecease the person whose will it is – they have different options when it comes to decision-making.

But before even a named executor can start dealing with the estate of someone who has died, they must successfully apply for confirmation.

How to deal with the estate of a person who has died

Dealing with the estate of someone who has died includes several tasks, including:

Organise the funeral – it is often possible to access some funds from the deceased’s bank accounts to pay funeral costs even before you receive your Grant of Confirmation document.
Prepare to inventory their estate – this will mean locating all of their banks accounts, any investments they have, and more.
Apply for confirmation – before you are allowed to distribute their assets in line with the will or access more funds from their accounts, you need to obtain the legal right to do so. This is called confirmation.

Do I need a solicitor to obtain confirmation?

If the estate is worth less than £36 000 and there is a will, you will not always need a solicitor to help you obtain confirmation. The assistance of the Sheriff Clerk is usually invaluable here.

Yet it’s worth bearing in mind that the confirmation application process isn’t exactly simple. It includes:

Paperwork – you’ll need to fill in several legal forms and send them to the Sheriff Courts. These can be contested either by the courts or others if they are incorrect.
Inventory – it’s your responsibility to create an inventory of all of the deceased’s assets and their values.
Pay Inheritance Tax – this needs to be the correct figure based on an accurate inventory. Otherwise, you leave yourself personally liable to pay costs later on. You need to pay the correct Inheritance Tax before you get confirmation.

If the estate is small and simple (that is to say, it doesn’t consist of many different assets – perhaps just a single bank account and some possessions) it might be possible to handle getting confirmation yourself.

But, while you don’t technically need a solicitor to obtain confirmation for a small estate, a legal expert can save you time and protect you from the worries of being personally liable for any mistakes later on.

Can I use a solicitor just for the difficult parts?

One potential solution is to find a solicitor just for the more complex parts.

In general, while you do need confirmation for a small estate in Scotland and while you can apply for it yourself, it’s often a good idea to at least talk it over with a legal professional first to make sure you won’t have any problems.

Want to discuss your particular situation with a specialist?

Solicitors Near Me will find you a friendly, approachable expert to chat with – for free and with no commitment.

Get in touch with us and tell us about the kind of advice you need today.

Contact Solicitors Near Me

To find a specialist solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Confirmation Scotland Large Estates

Confirmation In Scotland – large estates

Getting confirmation in Scotland for large estates (those valued at £36 000 or more) is more challenging than for small estates.

For a start, the Sheriff clerk (who can assist you with small estates) is not allowed to help you here.

If you need help with Confirmation in Scotland , please either call us now on 0845 1391399 or complete a Free Online Enquiry.

That’s why getting legal advice from a solicitor or other legal professional is nearly always worthwhile when you need to get confirmation for a large estate. Here is what you need to know:

What Is A Large Estate?

In Scottish law, a “large estate” isn’t just a matter of opinion. It is an estate where the combined value of the assets of the person who has died is £36 000 or more.

This usually means that a house or other property is involved. On other occasions, there might be multiple bank accounts, investments, and more.

As the executor, you can be personally liable (i.e. you can end up needing to pay) for mistakes made during the process of closing the estate down. This is why it’s best practice to engage legal assistance.

What Is Confirmation?

In Scotland, confirmation is the legal right to administer the estate of someone who has died. This includes distributing inheritance to the beneficiaries following the wishes laid out in the will – or following the Rules of Intestacy if the person died intestate (without a will).

The process of applying for the legal document called the Grant of Confirmation (sometimes “certificate of confirmation”) is the equivalent of applying for probate (either a Grant of Probate or Grant of Letters of Administration) in England, Wales or Northern Ireland.

Why Do I Need A Certificate Of Confirmation?

Without confirmation, you will find it difficult or impossible to convince a bank to let you access the accounts of someone who has died and it is not legal to sell any property they may own.

Once you have a certificate of Confirmation, you can send the bank a copy. They will then allow you to remove the funds in preparation for distributing them following the will.

There are some circumstances where you might be able to do some limited things without confirmation. This might include paying funeral costs from the deceased’s bank account or accessing smaller amounts of money, for example.

However, this latter exception is less likely for a large estate.

Can You Apply For Confirmation For A Large Estate Without A Solicitor?

Yes, it is technically possible to apply for confirmation for a large estate without a solicitor. However, the Scottish Courts and Tribunals Service is not allowed to assist you, as they would for a small estate (one valued at under £36 000).

It’s worth reiterating how important this makes it to get legal advice you can trust. Without it, you are open to paying the costs for mistakes made in the process yourself.

The more complex and larger an estate gets, the more difficult and time-consuming it becomes to get confirmation for:

1) More Documentary Proof Is Needed

Without a solicitor, you will also need to provide additional documentary proof in the form of:

The death certificate
The will, if any
An extract of the will if it has been registered with the Sheriff Court of Books of Council and Session

2) Taking Inventory Of The Estate Is Harder

One of the requirements when applying for confirmation is an inventory of the estate. This is a list of all the deceased’s assets with an accurate valuation of each attached.

Do be aware that valuations can be challenged by the courts and you can be liable for mistakes made – for example – when paying the correct Inheritance Tax because of inaccurate valuations.

You don’t subtract the value of any debts the deceased owes from this inventory. However, you do need to be sure that you have included all of their:

Heritable property – including land and buildings.
Moveable assets – money in bank accounts, investments such as stocks and shares, and personal possessions.

3) Pay The Correct Inheritance Tax

In Scotland, most large estates worth over £325 000 are liable for Inheritance Tax. This needs to be paid at the same time as you apply for confirmation, or preferably before.

To determine how much this will be, the inventory needs to be completed and sent to the courts for processing (there is a fee for this even though it is mandatory).

Some estates are exempt from paying Inheritance Tax. This is only usually if the deceased lived permanently in another country for a long period before they passed away or if all the estate’s value above the £325 000 threshold will go to their spouse or certain types of charities.

Again, it’s worth talking to a specialist probate or confirmation solicitor to make sure you’re paying the correct tax.

Can I Apply For Confirmation For A Large Estate If There Is No Will?

Yes, you can still apply for confirmation for a large estate in Scotland even if there is no will.

However, if the deceased died “intestate” (without a will), there are additional steps required by the confirmation application process. You will need:

A Bond of Caution – necessary for all intestate estates, this is a kind of safeguard against executors applying for confirmation for an estate they’re not eligible for or trying to distribute inheritances to the wrong beneficiaries.
The dative petition process – is required to show that you are the closest relative to someone who has died intestate, and thus eligible to be confirmed as executor of the estate. This requires proving your identity to the court.

How Long Does It Take To Get Confirmation For A Large Estate?

It would not be uncommon for the executor of a large estate to take six months or possibly more to be confirmed.

The sooner you can get started (ideally with expert legal advice to help you), the sooner confirmation in Scotland will be granted for a large estate.

Want to talk to an expert about applying for confirmation for a large estate?

Solicitors Near Me will find you the perfect specialist – with no cost or obligation.

Contact Solicitors Near Me

To find a specialist solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Solicitors Fees Confirmation Scotland

How Much Are Solicitors Fees for Confirmation In Scotland

Getting the confirmation you need to administer the estate of someone who has died isn’t a free process. But how much are solicitors fees for confirmation in Scotland?

Annoyingly, there isn’t a fixed type of pricing system followed by all probate confirmation solicitors or those offering what are known as “executry services”.

If you need help with Confirmation in Scotland, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here are how most solicitors will work out their charges for these services and the other confirmation costs you might want to bear in mind:

How much will it cost to get confirmation and administer an estate?

There are several different types of costs involved in getting confirmation and administering an estate in Scotland. These include:

Court fees – the Scottish courts charge for any documents they have to issue as part of the confirmation process.
Valuation fees – for large or complex estates (most of those involving property), you may need a professional valuation to ensure there is no chance of the courts contesting it.
Solicitors fees – these might be charged depending on the size or complexity of the estate in question or as a flat (though usually small) percentage of the total value of the estate.

Obtaining confirmation – fees

By themselves, confirmation fees in Scotland alone aren’t too onerous. In order to get your Letter of Confirmation (the legal document that confirms you as executor of an estate), you will need to apply to the Sheriff Court following a set process.

The courts charge you for various stages of this process, such as examining the inventory of the estate (a necessary precursor to getting confirmation). The price of this service depends on the size of the estate:

£50 000 or less – no fee
Between £50 000 and £250 000 – £266
£250 000 and up – £522
Statutory court fees – on top of this, estates valued over £5000 are subject to a statutory fee of £200 for confirmation.
Multiple copies of confirmation certificate – £8 per copy (you will often need more than one copy to send to different institutions, such as banks).

These fees are subject to change. You can check them on the Sheriff Court website.

How much are solicitors fees for confirmation in Scotland?

There is a wide spectrum of solicitors fees for getting confirmation. Different firms also work out how they charge for their services in different ways. Unfortunately, which is the most cost-effective will depend on your unique situation. The most common you will come across are:

1) Percentage of estate value

Many solicitors charge a percentage of the total value of the estate for executry services or for handling the confirmation process – this is usually between 1% and 5%.

Needless to say, this can be quite a lot of money. However, it might work out as more cost-effective in some circumstances.

This is because the amount of work involved in administering an estate tends to go up by the number of assets rather than their value. Two accounts with £10 000 in each take more time to administer than one with £30 000 in, for instance.

As well as an overall percentage of the total estate, some solicitors levy additional fees (or charge only by) the value of different assets or money generated by assets of an estate. This might be:

Revenue, such as interest, dividends, or uplifted money
Heritable assets (such as property) or moveable assets (such as money in bank accounts) that are sold or moved
Investments such as stocks or shares

2) Hourly rate or fees per task

Others solicitors charge an hourly rate or set their fees for confirmation based on the number of tasks you need them to accomplish.

On the surface, this can seem like a simple way to do things. To the casual eye, it also “feels” cheaper than giving away a percentage of the overall estate. It certainly can be both of these things.

Again though, there are possible downsides to this charging method:

Fees aren’t fixed – with no clear idea of how many hours any given estate might take to administer, you don’t have a set figure to work from.
Unjustified fees can be contested – as the executor of an estate, beneficiaries can contest fees you agree to pay from the estate. If legal fees stack up and start to look unreasonable, beneficiaries may contest them. This may leave you liable for paying some of them.

3) Set fees for size or complexity of estate

Some solicitors offer clear rates based on the size of the estate in question. Though these can appear sizeable, they offer a great deal of welcome clarity.

Whether these offer the best value for money will again depend on the value of the estate in question.

What does a solicitor do for the fees?

Solicitors fees for confirmation in Scotland are often not negligible. That said, the legal process of obtaining confirmation can be complex, time-consuming, and – as the executor – leave you personally liable for mistakes made along the way.

Despite the confusing ways executory administration is priced, this makes engaging a solicitor a smart idea for all but the most straightforward of estates.

Want to talk over solicitors fees without obligation?

Let’s talk. Solicitors Near Me will find you a friendly and helpful solicitor for your specific needs with no fee or commitment.

Contact Solicitors Near Me

To find a solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

« Previous Page
1
…
5
6
7
8
9
…
29
Next Page »