Probate

Probate is the process of administering the estate of someone who has died. This involves registering the death, identifying and valuing the deceased’s assets and liabilities, settling any outstanding debts and taxes, and ultimately distributing the estate to the appropriate beneficiaries.

Where a valid Will exists, the named Executor will usually apply for a Grant of Probate to enable them to deal with the estate.

If there is no Will, the estate is administered under the rules of intestacy. In these circumstances, the closest living relative may apply for Letters of Administration in order to act as the estate’s administrator.

As every estate is different, the process can vary depending on the circumstances involved.

We understand that dealing with Probate can feel daunting, particularly during a difficult period of loss. Our role is to provide clear guidance and practical support, allowing you to decide how much assistance you require.

Depending on your circumstances, we can assist with:

• Applications for a Grant of Probate
• Applications for Letters of Administration
• Full Estate Administration
• Executor support
• Intestacy matters
• Asset distribution
• Contentious Probate matters
• Inheritance disputes

Some clients prefer us to deal with the entire administration of the estate on their behalf, while others simply require assistance obtaining the Grant. This will depend on your individual circumstances and is discussed during your initial meeting.

Every family situation is different, and many clients come to us with concerns beyond the legal process itself.

Sometimes family members may be estranged or disagreements may arise regarding the administration of an estate. In other cases, there may be outstanding mortgages, loans or debts that need to be settled before distribution can take place.

Our team understands these challenges and aims to support families wherever possible. Where matters become contentious, we can continue to guide and assist throughout the process.

Every estate is unique, but our process is designed to make Probate as straightforward and transparent as possible.

Step 1: Your initial appointment

We offer both a fixed fee Probate service and a full estate administration service, depending on your individual requirements. Once you contact us, we will arrange an appointment with one of our fee earners.

To arrange this meeting, we will ask you to provide the original death certificate, proof of identity and details of the estate’s assets and liabilities.

Step 2: Reviewing the estate

We will review all relevant documentation, including any existing Will, together with details of the estate’s assets and liabilities.

If you instruct us to deal with the full administration, we will contact the relevant institutions to obtain date of death valuations and prepare the necessary documentation, including assets and liabilities schedules and any required Inheritance Tax forms for submission to HMRC before the application is made to the Probate Registry.

Step 3: Obtaining the Grant

Once the Grant of Probate or Letters of Administration has been issued, we will contact the relevant institutions to collect the estate assets, which may include closing accounts, dealing with investments or facilitating the sale of property where required. Outstanding debts, including funeral expenses, can also be settled at this stage.

Step 4: Preparing for distribution

After assets have been collected and liabilities addressed, beneficiary information is obtained and tax matters are progressed, including instructing an accountant to deal with income tax arising during the estate administration period where appropriate.

Step 5: Finalising the estate

Estate accounts are prepared and, once approved, the estate can be distributed to the beneficiaries in accordance with the Will or the rules of intestacy.

Every estate is different, so timescales can vary depending on its complexity.

Factors such as the nature of the assets, the availability of information from financial institutions and the overall complexity of the estate can all affect how long the process takes.

While many matters take several months to complete, more complex estates may take considerably longer following the grant being issued.

At Jefferies, we recognise that Probate is about more than legal documents. It often follows one of the most difficult periods a family will experience.

Our approach is centred on empathy, understanding and practical support. We take the time to explain the process clearly, discuss the options available and provide guidance that reflects your individual circumstances.

From our offices in Southend and Chelmsford, we support individuals and families across Essex, whether they require assistance with a Grant application or the full administration of an estate.

Many of the difficulties encountered during Probate can be reduced through careful future planning. Having a professionally prepared Will can help ensure your wishes are clearly documented, while putting a Lasting Power of Attorney in place allows trusted individuals to make decisions on your behalf should the need arise during your lifetime.

Our Private Client team can advise across these connected areas, providing joined-up legal support for you and your family.

Whether you require assistance obtaining a Grant of Probate, applying for Letters of Administration or administering an estate from start to finish, our experienced team is here to help.

From our offices in Southend and Chelmsford, we provide Probate and estate administration services for individuals and families across Essex.