The starting point is to decide upon whether you wish to apply through a Probate Solicitor or in person. Points to when deciding on a Solicitor include :-
- An executor remains personally liable for the estate administration therefore seeking help from a solicitor can be sensible
- A solicitor is insured
- There is no interview at the probate registry if a solicitor is issued – the entire process can be undertaken through the post
- If there is a property involved then it is sensible to seek legal help as the land registry will frequently require legal documents to be lodged
- If a contested probate dispute arises legal help will always be required
- If there are problems with the will itself
- Time – applying for probate can often be very time consuming : Expertise and knowledge of the process by a solicitor makes probate typically much quicker
- Inheritance tax – if a tax liability arises it is sensible to seek legal help as a solicitor maybe able to advise upon any inheritance tax reliefs available
If a probate solicitor is instructed, the solicitor will draft a legal document known as a Oath and the Inheritance Tax returns for the Administrator or Executor to sign. Typically, the Grant is then issued by the Probate within 2-3 weeks and for this reason it can be quicker to use a Solicitor.
