What is a probate solicitor and how can they help?

If you are dealing with someone’s affairs after they have passed away, it can be a challenging time, especially if they were someone close to you. A probate solicitor Emsworth can help you with all of the legal proceedings when going through this process, and will do all they can to make it as easy as possible for you.

What they do

There are so many things that your solicitor will be able to help you with when it comes to dealing with someone’s affairs. From start to finish they will ensure that all of the information given is correct, and that you are aware of, knowledgeable and happy with the proceedings.

Applying for probate

If someone close to you is preparing their will and you are in it, you may need to apply for probate. By doing this, it gives you the legal right to deal with that person’s property, money and possessions when they die. This is one of the first things that your probate solicitor can help you with. They can supply you with all of the necessary documents, and make sure you have given the correct information to avoid a penalty.

There are some circumstances where you won’t need to apply for probate, such as if the person only had money in a savings account and didn’t own their property for example. Your solicitor will be able to tell you whether you need to apply for probate at the beginning of the process.

Valuing the estate

Another thing that your solicitor will be able to do is value any properties that the deceased person owned. This may be needed when applying for probate, so it’s an important step. Your solicitor will then be able to write up the correct documents to show this information so it can be used if and when it’s needed.

Inheritance tax

A lot of the time when someone dies, the person who is dealing with the estate will need to pay inheritance tax to the HMRC. Your solicitor will be able to determine whether you actually need to pay this tax or not, and help you fill out all of the necessary forms to pay it if you do.

Collecting and distributing assets

Once all of the correct legal proceedings have been completed and you have the legal right to deal with the person’s estate, your solicitor can then help you to collect the assets in any way needed. Examples of this would be contacting the person’s banks to collect any monetary assets, or ensuring that any properties are put into your name.

If there are multiple people on a will, then your solicitor will also help to correctly distribute the assets between them. This is beneficial as they will be unbiased and will follow the wishes of the person’s will.

Why use a solicitor?

A lot of the time, dealing with someone’s affairs can be complex and overwhelming, especially if you are mourning the death of the person. Unfortunately, sometimes there are also disputes over wills between family members which can make it an especially hard time. If you get help from a solicitor, then it can really help to relieve the burden of having to go through the lengthy legal proceedings by yourself. They will know a lot about the law surrounding someone’s affairs, and will be able to help you with any issues that may occur.

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