Estate Administration / Probate

Dealing with the affairs of someone when they die can be complicated and confusing at what is a difficult time emotionally.

Only in very limited circumstances (usually a very low value estate) can the estate of someone who dies be administered without a document issued by the court.  To deal with their assets, be they money or property or other types of investment, a document is required to show that a person/s has/have the legal authority to deal with the estate of the deceased. This document is called a Grant and is issued by the court, The Probate Registry. If a person dies leaving a Will it will in most cases be necessary to obtain a Grant of Probate. When there is no will the document is called a Grant of Letters of Administration.

Clair Dunkerley, head of our Private Client Department, is both knowledgeable and sympathic and can be contacted  DDI 01429 230034 or cdunkerley@tmjlegal.co.uk.

If you are unsure about what to do and worried about the possible costs Clair is quite happy to see you for a free consultation when she will explain what is required and let you know how much it will cost. We do not charge a percentage of the estate and if you would like a fixed price for the administration of the estate we can arrange this with you.

What is a Grant of Probate/Letters of Administration?

This is a legal document which authorises one or more persons to deal with the property of someone who has died.

Who takes out a Grant of Probate?

If there is a Will, the people named in the Will as Executors apply for a Grant of Probate.

If there is no Will, relatives of the deceased apply for a Grant of Letters of Administration which is the equivalent of the Grant of Probate.

It is only when a Grant of Probate/Grant of Letters of Administration has been obtained that the executors/relatives can close accounts, deal with investments and sell property.

What needs to be done?

Set out below is a list of some of the matters that need to be dealt with following a death:-

• The funeral has to be arranged.

In most cases the family take care of the funeral arrangements

• Banks, Building Societies, Insurance Companies, Government Departments and creditors need to be notified.
• A tax return must be prepared setting out the value of the estate of the deceased and made available to the government.
• If Inheritance Tax is due this will usually have to be paid before the estate can be administered and before the Grant of Probate/Letters of Administration is issued.
• A Grant of Probate/a Grant of Letters of Administration will probably need to be obtained.

If an estate has a value of less than £5,000.00 or if all assets are held jointly and therefore pass by survivorship, for example to a surviving spouse, a Grant will not usually be required.

• Property and shares will need to be valued and sold or transferred to beneficiaries.
• Debts need to be cleared
• Monies need to be paid to those entitled

How long does it take for an estate to be administered?

Time scales vary according to the value, assets and general complexity of the estate.

We can assist in making an application for a Grant of Probate/a Grant of Letters of Administration.  We can also assist in the administration of an estate.  We provide a sympathetic and personal service to suit individual needs. We are experts and we can guarantee that we can offer estate administration at a fixed fee that will be less than that charged by the legal department of a nationally know funeral director. Furthermore we do not ask you to sign a power of attorney in our favour and consequently you always remain in control. If you are approached by your funeral director it would be to your advantage to have a discussion with us before you enter into a commitment. That discussion will cost you nothing.

Clair Dunkerley is head of our Private Client Department and can be contacted on her direct dial 01429 230034 or email cdunkerley@tmjlegal.co.uk.

If you would like to make an appointment to consult a solicitor regarding an estate please do not hesitate to call on 01429 235616 or contact Clair Dunkerley.  We are more than happy to see you for a free preliminary consultation.  You can make an appointment to see a solicitor at any of the following offices:-

• Hartlepool Office - 01429 235616
• Durham Office - 0191 3830111
• Peterlee Office - 0191 5865711
• Wingate Office - 01429 838225

Home visits can be arranged.