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As an executor or administrator of someone’s estate, you may want to meet with a probate lawyer to talk you through the probate process and you may decide you want help to administer the estate.
Someone’s estate includes all property that a person owns. An estate can be divided into three categories, the gross estate, residue estate and estate debts, details of which are as follows:
Before you meet with a probate lawyer, there are several things you should find out about the estate, in order to get the most out of the meeting. You should also gather all relevant documents regarding the estate.
Before meeting with a probate lawyer, you need to do the following:
When you meet with a probate lawyer, make sure you have the following items with you:
The probate lawyer will go through each clause of the deceased’s will with you, so that you know what the will outlines. If the deceased did not leave a will, the probate lawyer will discuss the deceased’s family background to determine who the beneficiaries of the estate will be.
The probate lawyer will ask several questions to establish the size of the deceased’s estate. Although you do not need to provide exact figures at this stage, it is important to establish a rough size of the estate, so that the probate lawyer can determine whether there may be Inheritance Tax payable. They can try and work out which Tax forms will need to be filled in, as every estate is different.
They will also advise whether they think an application for a Grant of Probate will be needed and will talk you through this process.
Whilst you will be asked various questions regarding the estate, you also have the opportunity to raise any queries you have regarding the probate process. You may find it easier to write down any questions you wish to raise prior to the meeting so that you do not forget them.
If you choose to instruct a probate lawyer to help you administer the estate, they will write to you setting out what has been agreed and what their fees will be to assist. They will then help you progress the administration of the estate.
Probate - frequently asked questions
What is the role of an executor?
Intestacy rules - what happens if you die without making a will?
If a loved one has passed away and you are looking for advice as to what your next steps should be, please do not hesitate to contact me. Leah Woodnott is based in our Colchester office and can be contacted on 01206 247609 or leah.woodnott@birkettlong.co.uk.
With one of the largest teams in Essex, the team holds members of STEP (the Society of Trust and Estate Practitioners), members of Solicitors for the Elderly and the Agricultural Law Association.
We also offer home visits to the elderly, infirm and disabled.