Probate Solicitors Near Me

Probate solicitors near me: how to choose

If you’ve reached the point where you are searching for “probate solicitors near me” online, here are a few hints to guide you in how to choose the solicitors that are best for you in your local area:

To contact a solicitor near you call us on 0845 1391399 or complete a Free Online Enquiry

How To Choose Probate Solicitors

1) Consider The Firm That Drew Up The Will

Though it’s no guarantee of quality, choosing the firm that drew up the will in the first place will at least ensure they are familiar with all the details.

Hopefully, the probate solicitor who you speak to will be the actual individual who spoke to the testator (the person whose will it is) about their wishes.

Of course, the will may have been drawn up without a solicitor or by a bank. Nevertheless, this can be a good place to start.

2) Use The “Family Solicitor” Or Ask For Recommendations

Does your family have a go-to solicitor? Could there be one you don’t know about? Or one that does exist but simply hasn’t been mentioned around the dinner table before? It’s worth at least asking.

You might also ask people you know for recommendations on solicitors they’ve used before and thought well of. You could enquire wit

Family members
Friends, acquaintances, and neighbours
Work colleagues

3) Look For The Local Connection

Another way to find a solicitor you can trust is a firm with a strong local history. By way of example, EA Harris has been serving Shotton, Connah’s Quay, Queensferry, Ewloe, Hawarden, and Buckley for over a century.

4) Check Their Fees

Probate solicitors’ fees are always worth asking about before you agree to use them. Most will provide you with a free quote.

It is important to understand that there are a number of different ways that probate solicitors structure their fees:

Hourly rates – this is a flexible option and well suited to situations where the probate process might be relatively simple to complete. You should be able to request an indication of the overall cost before you start.

Fixed fees – the main advantage of fixed fees is that you know precisely how much you pay going in.

Percentage of the estate – some solicitors may charge a small percentage of the overall value of the estate as their fee. This can represent good value in cases where the probate process is likely to be very complicated.

Understanding how probate solicitors’ fees work is particularly important if you are the executor of a will. This is because probate fees can be contested by beneficiaries who feel their inheritance has been unfairly penalised by fees that are too high.

In cases like this, you can be left liable for repaying any contested costs. This means it is worth ensuring solicitors’ fees are reasonable – even to the point of seeking the agreement of any beneficiaries before you confirm you will use specific solicitors.

5) Examine Their Professional Qualifications

It is always worth checking that your solicitor has the right professional qualifications. For instance, EA Harris has Law Society LEXCEL accreditation.

Most solicitors are keen to shout about their qualifications, so they should be easy to spot.

6) Get A Feel For Their Communication Style

The number one complaint of anyone who has ever used a lawyer or solicitor for any task will always be that their communication wasn’t as fast or responsive as the client would have wished.

You can often get a sense of this right from the start. Reach out to any lawyer you are considering and see how they respond. Do they:

Reply to your emails in a timely and helpful fashion?
Answer your phone calls or call you back within a reasonable timeframe?
Speak politely and respectfully?
Communicate in plain English and explain any legal terms?
Feel like they are here to help you?

There’s a certain amount of gut feeling involved in this. But with so much resting on being able to communicate clearly, it can be one of the most important things to judge before making your decision about probate solicitors near you.

Looking For Reliable And Trustworthy Probate Solicitors?

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Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry today and we can connect you with a legal specialist who can give you the kind of advice you’re looking for.

Wills And Probate Solicitors

Rely on wills and probate solicitors who support you throughout

Even if you are named as an executor in a will, you still need to apply for probate. This isn’t always easy. The probate process is complicated too – the last thing you need when also grieving the passing of a loved one. That’s where our supportive wills and probate solicitors come in.

It’s the job of a solicitor who specialises in wills and probate to make the process easier for you and to give you peace of mind.

Because, as an executor, you are sometimes personally liable for mistakes made during probate. This means you might have to pay a financial penalty or costs later if any errors are made.

To contact a solicitor near you call us on 0845 1391399 or complete a Free Online Enquiry

Let Us Help You Write A Will In The First Place

The most powerful protection you can give your loved ones is a cast-iron will that makes sure your wishes are carried out when you are no longer able to make sure they are.

Of course, we all hope that this is a day very far in the future. We also understand it can be a difficult subject to talk about.

Our friendly and supportive will solicitors know how to make the process stress-free and approachable, leaving you – or one of your nearest and dearest – with a will that is valid and easy to enforce.

What Does A Wills And Probate Solicitor Do For You?

On top of creating the document itself, our wills and probate solicitors will guide you through the often complex and stressful process of applying for probate.

Probate is the legal right to handle someone’s estate after they pass away. You need this right in order to sell any property they may own, pay the correct tax, and distribute the legacies to the right beneficiaries.

You can rely on one of our probate specialists to help you:

1) Apply For Probate

Even if you are named as an executor of a will, you still usually need to apply to get the legal document called a Grant of Probate.

There are also some circumstances where you might not need to apply. This might be if the deceased did not leave a will (in which case, you may need what is called a Grant of Letters of Administration) or if their estate was very small (perhaps valued at less than £15 000).

In every case, your solicitor will guide you through the process, explaining how and why you should proceed in this way.

2) Value The Estate

The estate of a person who has died needs to be valued accurately. If the valuation is later found to be inaccurate, as the executor you can be found personally liable.

This makes a legal expert’s assistance invaluable. Our probate solicitors ensure that you have fulfilled all of your legal obligations when it comes to valuing the size of the estate in question.

3) Know The Correct Inheritance Tax To Pay

Inheritance Tax (sometimes abbreviated as IHT) is payable on estates over a certain size. This has to be done correctly – in line with all the relevant laws and based on the correct valuation of the estate.

Our solicitors make sure this is done right. You can rest easy knowing there won’t be any problems further down the line.

4) Collect Assets And Handle Debts

The assets that make up a person’s estate – any money in their bank accounts, investments, stocks and shares, property they own, significant possessions like a car or business – all need to be assessed as part of the valuation and IHT calculations.

For some people, this is fairly straightforward. For others, it requires extensive searches for records of investments that may never have even been mentioned to other family members.

There is a negative side too. Any potential creditors need to be notified that the person who has passed away has an estate that may pay them any money they are owed. There is a set process for doing this that needs to be followed to meet your duties as executor.

One of our solicitors will handle all of these aspects of the probate process for you, meaning you can be confident everything is being taken care of properly.

5) Distribute The Legacies Correctly

The final administration of the estate will include distributing the assets of the estate in line with the wishes in the will.

In the event there is any source of confusion or the will is being contested, you can again rely on our solicitors to support and guide you throughout.

The Wills And Probate Solicitors Near Me

Can You Put A House Up For Sale Before Probate?

Can you put a house up for sale before probate?

Inheriting property is a generous gift from a departed loved one. Sometimes though, you may wish to sell that property. Perhaps it reminds you of your loss. Perhaps you would rather have its monetary value. So, how long do you need to wait? Can you put a house up for sale before probate?

In short, yes. You can start the process of selling a house before the probate process is complete. However, you cannot actually sell the property until probate is granted.

To contact a solicitor near you call us on 0845 1391399 or complete a Free Online Enquiry

Here is what you need to know about the probate process and the stages of selling a house you can go through before it is granted:

What Is Probate?

Probate is the legal right to deal with the estate of someone who has passed away. Probate can only be applied for by someone named as the executor of a will. In England and Wales, the right arrives in the form of a legal document called a Grant of Probate.

When there is no will, a similar right called a Grant of Letters of Administration should be applied for. In Scotland, the process is slightly different.

If you are an executor, applying for probate can be done personally. That said, many executors rely on their solicitor to handle the process as it means you will not need to interact with family members or other concerned parties.

Can You Put A House Up For Sale Before Probate?

Yes, it is possible to put a house up for sale before probate has been granted. To reiterate though, you won’t be able to complete the sale or exchange contracts until you get probate.

This means that if you are lucky enough to find a buyer quickly, they will need to be happy to be kept on hold until you receive your Grant of Probate. You will want to be clear about this upfront in case the buyer takes the delay as motivation to buy something else.

As an executor, one thing you can and should do whether you are selling the house or not is to get a professional valuation.

You’ll need to have this ready before you can complete the probate application process. This is because a valuation is needed in order to calculate the correct Inheritance Tax that will be due (this is based on the total value of the deceased’s estate).

A sensible valuation normally involves getting estimates from two or three different estate agents to make sure you are getting an accurate figure. You can then put the house on the market (with the above understanding).

Can A Deceased’s Estate Be Sold Without Probate?

No. You will not be able to sell or administer any part of a deceased person’s estate before you receive your Grant of Probate (or, in some cases, the Grant of Letters of Administration). You won’t have the legal right to do so without it.

It’s also worth reinforcing that even though they don’t technically “own” the property, it is the executor of the will who is able to sell a probate house on behalf of the estate. They can only do this if that is what is specified in the will and it is in the interest of the beneficiaries.

If you are to receive the house because you are the beneficiary of a will, you will normally need to wait for probate to be complete and ownership of the house to be transferred to you before you can sell it.

How Long Before I Can Sell A House In Probate?

After you have a valuation, you can put a house in probate up for sale right away. Again though, you cannot actually sell it before you receive your Grant of Probate.

It is worth knowing that it can take anywhere from eight weeks to twelve weeks for probate to be granted. This can be even longer if there are any issues or if the circumstances surrounding the will aren’t clear for any reason.

As the executor, it is also worth bearing in mind that you are responsible for making sure the property is protected during this time. Capital Gains Tax may also be due if the property has taken so long to sell that its value has changed (very possible in today’s volatile market).

Get The Help You Need To Administer An Estate

If this is your first time being the executor of an estate (and even if it’s not), specialist legal expertise is invaluable.

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Making An Offer On A Probate Property

Making an offer on a probate property is fairly common. There are even some upsides compared to buying other properties.

However, there are also some important things to be aware of. Not least, the effect that the probate process can have on things.

To contact a solicitor near you call us on 0845 1391399 or complete a Free Online Enquiry

Here is what you should know about probate property if you are considering making an offer on one:

What Does Probate Mean?

Probate is the legal right to administer the estate of a person who has died. The person who is responsible for applying for probate (and the only person who can normally do so) is someone named as the executor of a will.

It is the executor’s job to carry out the wishes listed in the will. This involves distributing the deceased’s assets (money they owned, personal items, and – most importantly for our purposes – property) to the beneficiaries named in their will. They are also several other vital duties.

If the person who left the will had any debts, they will need to be paid off. Rarely, this may necessitate selling off a property – but only if it is in the interests of the beneficiaries. On other occasions, a will stipulates that a certain property should be sold in a certain way.

But the executor cannot start to properly administer the estate until they have probate. This comes in the form of a legal document called a Grant of Probate. The process of applying for this takes time.

What Is A Probate Property?

The length of time required to successfully apply for probate and receive the grant can run into weeks and months. Eight or even twelve weeks is the average timeframe that’s normally suggested.

During this time, an executor cannot sell any property that is part of the estate in question. They can, however, start taking offers.

“Probate property” is the term used to describe a property that is part of a deceased person’s estate where the Grant of Probate is yet to be acquired. It is on the market and open to offers but it cannot yet be sold.

Can You Make An Offer On A Probate Property?

Yes, you can make an offer on a probate property. Executors can and regularly do put these properties on the market before they are able to actually complete a sale.

This is because part of the process of applying for probate involves getting a property valuation so that the correct inheritance tax can be calculated. It often makes sense to then at least start the sales process.

In many ways, there is little difference between buying a probate property and buying any other. The only difference is that there will definitely be some time before you are legally allowed to buy the property.

Given the potential length of any given conveyancing process, this isn’t always a problem. That said, there are some ways probate properties can differ from the norm.

The Benefits Of Buying A Probate Property

Can be open to a lower offer – probate properties may previously have been inhabited by an elderly person who could not care for it as they might have liked.
Might be good renovation projects – for similar reasons, probate properties can require some renovation work.
Will not be part of a chain – though often keen to complete, the seller is likely to have much more flexibility than others and won’t be in a chain.

What Are The Problems With Buying A Probate Property?

1) Legal Right To Sell

One unusual thing about probate property is that the person selling it is not normally the person who owns it. This can create difficulties.

The executor of an estate is in charge of administering it. This may include selling any property that the will stipulates or potentially that the estate’s finances make clear is in the interests of the beneficiaries.

Sometimes though, beneficiaries do not wish a property to be sold. This disagreement can even go to court in some cases.

You will also always know that the person selling a probate property – by definition – does not have the legal right to sell it just yet. They won’t have it until they receive that Grant of Probate permission document.

2) Potential Delays

The probate process isn’t always a smooth one. It is always worth asking how far through the process the seller is and how likely it is for issues to be raised. The estate agent may know – or you might be able to get your solicitor to find out for you.

On your side, it’s wise to consider whether you have other people (for example, in a chain) waiting on you to make this purchase.

If there is a problem with the seller getting their Grant of Probate, will everyone else on the chain be happy to wait? Probably not.

3) Possible Lack Of Information

Because the seller of a probate property is not the owner, they may not have as much information about the property to hand.

This means they might not be able to complete the Property Information and Fittings and Contents forms as completely as you might like. This makes it doubly worthwhile getting your own survey done and confirming your conveyancing solicitor will complete extensive searches.

Do Probate Properties Sell For Less?

Possibly. But only because they can be older properties that may benefit from some renovation work.

The executor is required to sell the property at a fair market value. They’re actually potentially liable for the difference if it isn’t, so don’t expect discounts on probate properties for anything other than things the market would usually price accordingly.

Making An Offer On A Probate Property

Making an offer on probate property can be a great idea. But it’s something you should always do with care – and with expert legal advice on your side.

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Once Probate Has Been Granted, What Happens Next?

It can take a long time to get a Grant of Probate. But once probate has been granted, what happens next?

In short, armed with their new legal permission to do so, the executors of the will can start to administer the deceased’s estate.

Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry.

But what does that involve? Let’s take a look at some of the most Frequently Asked Questions about the often patience-testing probate process:

Why Do You Have To Wait Six Months After Probate?

There isn’t a set period of time that an executor has to wait before distributing the legacies in a will once probate has been granted.

That said, if you are a beneficiary waiting to receive your inheritance, it is worth understanding that there are several very good reasons why you might not get anything right away.

First of all, the executor will have to administer the estate before they distribute any legacies. This takes time, often involving as it does the need to:

1) Pay Off Debts

It’s not only the positive task of sending beneficiaries their gratefully received inheritance money or gifts that an executor has to handle.

If the deceased had any debts or liabilities, the executor needs to ensure that the estate pays these off first. This can include things like mortgage payments and utility bills.

The executor also needs to show they have done everything they can to locate potential creditors and give them the opportunity to make a claim on the estate for what they are owed.

There is a set process for this (including posting in the newspaper of record, The Gazette). These adverts need to be in place for a set period of time (namely, two months and a day).

It’s important for the executor that they do this properly. If it can later be shown they haven’t, they may be left on the line to pay those debts themselves.

2) Find All The Listed Beneficiaries

It’s not uncommon for some beneficiaries to drop out of touch with the deceased. Sometimes, contact details or addresses change and a beneficiary becomes unreachable.

So, what does the executor do? Once more, they have to demonstrate they have made reasonable efforts to try and locate the missing beneficiaries.

Again, there are mandatory adverts that need to be placed for a period of two months.

3) Handle Tax And Money Matters

It’s perhaps unsurprising that “administering” someone’s estate requires a good deal of administrative work. This can include:

Filing Inheritance Tax, Capital Gains Tax, and sometimes Income Tax forms with HMRC
Closing any bank accounts and possibly gathering the funds into an executor account
Claiming on life insurance policies (if any)

4) Have The Estate (Including Any Property) Valued

It is important that the correct amount of Inheritance Tax is paid to HMRC. This requires an accurate valuation of the estate, including any property (such as the family home).

5) Make sure the will is unchallenged

If there is any risk of the will being challenged, it’s not uncommon for executors to play it safe.

This is because of a law called the Inheritance (Provision for Family and Dependants) Act 1975. This law gives certain parties the ability to make a claim against a will.

Only certain people – classified as “dependents” – can make this claim. They can only do so if they believe the will is unfair to them in some specific ways.

The Inheritance Act gives claimants six months to start making a claim and an extra four months to serve it. This can mean there is good reason for a ten-month delay after probate before beneficiaries receive their inheritance.

How Long After The Grant Of Probate Is Money Released?

If you are due a legacy or inheritance from the estate of someone who has died, this can be a stressful time – especially if you are counting on that money for some reason.

As we’ve seen above, there can be many sensible reasons why the executor of an estate might not release the money to the beneficiaries of a will right away. This isn’t always much consolation though.

If you really need your inheritance for something, it is possible to request what’s sometimes called an “interim payment”. This could tide you over in lieu of getting your inheritance just yet.

However, the executor isn’t obliged to let you and may well refuse. Especially if there is any question about the estate being able to pay all of its outstanding debts and other costs.

How Long After Probate Is Granted Can You Sell A House?

As soon as probate is granted, you can sell a house right away. You can even put a house on the market before you have received the Grant of Probate (you just can’t actually sell it).