Dealing with an estate when there is no will or a will cannot be found usually involves a close family member acting as the deceased’s personal representative and administering the estate.
The personal representative applies to the court for a Grant of Representation to enable them to administer the estate.
If there is no will, it will be up to the law to decide on the distribution of an estate and who is entitled to claim from the estate.
The personal representative can appoint Executors to help with the administration of the estate – and it almost always advisable in cases of intestacy where there is no will to appoint a professional Executor such as a solicitor.
This is because probate involves legal paperwork which needs to be completed correctly, or the distribution of the estate could be delayed.
The personal representative and Executors are also responsible for collecting together the assets and any property which belong to the deceased – and having these valued accurately, so that taxes such as inheritance tax and capital gains tax can be calculated and paid.
Without financial knowledge, it can be difficult to complete this stage of probate accurately –and a specialist probate solicitor like Duncan Lewis will be able to collect together assets, value the estate, and calculate any taxes due, as well as applying for probate and distributing the estate.
Probate is a legal process and intestacy can give rise to family disputes, financial complications and a great deal of worry and stress without professional help from a probate solicitor – seeking help at an early stage can speed up the process and make sure that the probate process goes smoothly, at a time which is undoubtedly an extremely stressful time for families.
For expert legal advice on Probate without a Will, call Duncan Lewis Probate Solicitors in confidence on 0333 772 0409.