Probate

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What does probate mean?

Probate is a term that often only enters our lives when we face the loss of a loved one. It can be a daunting and overwhelming process to navigate, especially during such a sensitive and confusing time.

At Fairweather Law, we take pride in our reputation for being approachable and skilled at explaining complex legal matters in clear, plain English. Our goal is to empower you to make the best possible decisions with confidence.

How does probate work?

Simply put, probate is the legal process of validating the will of the deceased (if one exists) and administering their estate—settling debts, taxes, and distributing assets to beneficiaries.

In England and Wales, it ensures the deceased’s wishes are followed or, in the absence of a will, applies intestacy rules to divide the estate. If you are named as an executor in a will—often there is more than one person—you are responsible for handling the probate process.

An executor’s duties include:

  • Securing property: Ensuring any property owned by the deceased is properly secured and insured.
  • Preparing an inventory of assets: Compiling a complete schedule of all assets held in the deceased’s name.
  • Valuing assets: Obtaining accurate valuations of all assets as of the date of death.
  • Inheritance Tax: Completing Inheritance Tax accounts and arranging for payment. (link to tax planning).
  • Probate application: Preparing and submitting an application to the Probate Registry for the Grant of Probate.
  • Collecting assets: Gathering all assets and money due to the estate.
  • Managing property: Selling or transferring property as necessary.
  • Estate accounts: Completing full estate administration accounts.
  • Distributing the estate: Distributing the estate to the beneficiaries named in the will, or according to the rules of intestacy if there is no will.

Navigating these responsibilities can be complex, especially while grieving. At Fairweather Law, our probate specialists guide executors through every step—from securing assets and valuing estates to handling Inheritance Tax and distributions.

We offer clear and bespoke estimates of costs tailored to your needs, ensuring transparency and reducing stress. Whether you require full estate administration or support with specific tasks, our team provides expert advice with the personal touch you’d expect from a trusted Suffolk firm.

Contact our specialists today to learn how we can support you in navigating the probate process with care and expertise.

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With offices throughout Suffolk, extending into Norfolk, and an expanding client base in the London area, we are confident in our ability to provide you with the highest standard legal advice, no matter your location.

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We take pride in providing clear, straightforward advice without overwhelming you with unnecessary legal jargon. Our personalised approach and our ability to put you at ease, ensures a positive outcome.

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Our legal fees are tailored to the local market, we regularly monitor our rates compared to larger organisations. Being a relatively small firm ensures that our rates remain competitive.

Wills & Probate
FAQs

Do I need a solicitor to make a will?
While it is possible to write your own will without a solicitor, doing so can lead to errors or complications that may result in unintended outcomes or may affect the validity of your will. A solicitor ensures your will is legally sound, clear, and accurately reflects your wishes.
If someone dies without a will (intestate), their estate will be distributed according to the laws of intestacy, which may not align with their wishes. This could mean that unmarried partners, stepchildren, or close friends may not inherit anything. Having a will in place ensures that your estate goes to the people you choose.

The probate process can take anywhere from 6 to 12 months, depending on the complexity of the estate and whether there are disputes or delays in gathering information. Once all debts and taxes are paid, the remaining estate is distributed to the beneficiaries. We’ll keep you informed and guide you through the timeline at every step.

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