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What is Probate?

Please view our helpful video to guide you through the Probate process for the deceased’s estate.

Our qualified lawyers and solicitors manage the Grant of Representation and administration process for multiple clients every day and often we’re the appointed Executors. We know and understand the most efficient way to gain a Grant of Representation, and we can assist Executors and Administrators in their role to understand important documentation, manage applications, and we can take on much of the burden of administration if required.
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Call 0116 212 1000 for our Leicester Office,  01858 445 480 for our Market Harborough office. Whichever office you call, someone will be available to assist you.

Probate

‘Probate’ is the phrase used to mean the process of dealing with someone’s assets (known as their ‘estate’) after they have died. It is also called Estate Administration. Probate is the correct term for a certificate of administration for someone who has died with a Will. A Grant of Representation is the phrase used to cover specific variations to this, such as a Grant of Letters of Administration (the equivalent to a Grant of Probate where there is no Will).

  • Applying for the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die is often called ‘Applying for Probate’ and the legal document is called a ‘Grant of ’Probate’ if there is a Will.
  • A Grant of Probate will only be issued to the Executor/s named in the Will.
  • If the person did not leave a Will, you’ll obtain a ‘Grant of Letters of Administration’. Who is entitled to apply for a Grant of Letters of Administration will depend upon whether there is a surviving spouse or other surviving relatives. If there is not a valid Will, the rules of intestacy apply.

Steps to Take

  • Find out if the person who has died had a Will. If they did, it will need to be located and the person or people named as Executors will need to be the people in charge of managing the estate.
  • If you are unsure about whether the Will is the last Will that was made or if you can’t find a Will, it is advisable to carry out a search of the National Will Register (the national register is called ‘Certainty’). We can help you with making this search as part of our service.
  • Make a list of the assets that the person owned at the time of their death, this could include property, shares, pensions, savings and investments. This list should include details of any assets outside of the UK. Where known, make a note of the names of bank accounts / building societies, investments companies, pension providers and life insurance providers, as this information will be needed to obtain date of death valuations for the deceased. An Asset Search can also be undertaken to determine whether the deceased had any unknown assets which need to be considered, and we can also help you with making this search as part of our service. Can we also add an additional bullet point under that to read: The debts and liabilities of the deceased should also be considered for example, the cost of the funeral, credit card bills, loans and mortgages. To ensure that the Executors have taken all reasonable steps to find any potential creditors, it is also advisable for them to place a Section 27 notice. A Section 27 notice is an advertisement that the Executors of an Estate places in the Gazette and a newspaper local to the deceased’s property to inform any potential creditors that the estate is soon going to be distributed. This gives the deceased’s creditors an opportunity to claim back money that they are owed before the estate is distributed to the beneficiaries. The creditors must make their claim within 2 months of the notice being issued. We can help you place these notices as part of our service. Can we then delete the paragraph about “Delays can occur where there is a property to sell…” and put “At Lawson West we are dedicated to working with our clients and assisting them with all stages of the administration process. If you would like to discuss Probate and/or your role as an Executor in more detail, please do not hesitate to contact us.

Doing these things will enable a solicitor to help the Executors apply for a Grant of Probate, which will enable them to distribute the estate, or advise upon who can make an application for a Grant of Letters of Administration and how the estate must be distributed.

Note:  Delays can occur where there is a property to sell and a buyer cannot be found, or the property is being sold during a slow economic market.

Phoebe Skarlatos

How Can Lawson West Help You?

Lawson West is recognised for providing a first class, national Probate, Wills & Trusts advice. We’re listed and ranked in the Legal 500 for our highly-qualified team of professionals and the quality of advice we provide.

Our highly-skilled and supportive team of professionals can advise on all aspects of probate, wealth protection, wills, LPAs, Court of Protection and trusts. This includes probate administration, deputyships, loss of capacity (health and finances), advising beneficiaries, executors and trustees as well as IHT implications of estates and wealth transfer or protection.

We can help individuals and business owners to protect and maximise their wealth and wellbeing interests and those of their loved ones. You will find us welcoming, caring, sensitive and knowledgeable.

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Expertise

Testimonials

Great client service is at the centre of our thinking, it’s embodied into how we train and develop our staff, how we help our clients and how we advise and assist people and business owners with their legal needs.

Our Core Values are Welcoming, Confident, Supportive, Knowledgeable and Dependable and we aim for clients to have a positive experience with Lawson West Solicitors.

Evidence of our great client service can be seen in the reviews and testimonials we regularly receive. We are always pleased to receive great reviews because it means our clients are happy with the service we provide, and it shows that we deliver on our core values, we don’t just talk about them. We really welcome client feedback and hope you enjoy reading some of the latest testimonials throughout this website.

Harry Mellors, Solicitor, Probate, Wills and Trusts team, Lawson West Solicitors, Leicester. ""My grateful thanks to Harry Mellors. The interest and guidance really stood out as special and he really helped. It was all perfect. A Big Thank You!""

A Probate & Wills Client, Leicester

Phoebe Skarlatos, Head of Probate, Trusts and Wills department, Lawson West Solicitors, Leicester. ""Phoebe was outstanding in her service and kindness, respect and care shown. Phoebe was a fantastic asset throughout and I cannot recommend her highly enough. She was hugely empathic and thorough throughout the process and understood my needs well.""

Rahi Popat, Probate & Wills Client, Leicester

Phoebe Skarlatos, Solicitor, Probate & Wills Team, Leicester. ""Phoebe was very helpful and professional and patient.""

A Client, Probate & Wills

Phoebe Skarlatos, Associate Solicitor Probate & Wills, Lawson West Solicitors, Leicester “We’re very pleased with the work that Phoebe Skarlatos has undertaken in connection with the estate of our late aunt. Not long after we engaged Phoebe, we read a piece in The Guardian about probate issues during the pandemic in which she was quoted. This helped to convince us that we had the right person for the job. Phoebe has really gone the extra mile with us. From the first point of contact, Phoebe has been supportive, approachable, patient and professional. She has offered advice and been prompt in replying to our many questions, providing reassurance about matters connected to the administration of the estate and the process. There has been an understanding human being with whom we could interact about many things on which we needed guidance."" Client C.T, Leicestershire

C T, Probate & Wills Client, Leicestershire

Vicky Jones, Director Probate & Wills team at Lawson West Solicitors in Leicester “Thank you for everything. I now have peace of mind. Everything was perfect, nothing to improve upon.” Client L.B. Leicester “Excellent communication, all through the process. Keep up the excellent customer service!” A Client, Leicester “Thank you for looking after me through this bad time of losing my Dad.” Client J.R. Leicester

Clients of Probate & Wills team, Leicester

The kindness of Mrs Skarlatos.

Mr M

Knowledge About Probate – The Deceased’s Estate

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