You are not bound by the law to go seeking any legal input when handling the probate process. But you should think of this step when you think of the complexities involved.
A grant of probate is the legal authorization for an executor to do as the will has instructed. The executor shall then proceed to do the job of collecting all the assets of the deceased and distribute them among the beneficiaries as per the instructions of the will. They too may be named as a beneficiary, and still perform the duties of an executor. In cases where there are more than one beneficiary mentioned, the maximum that can apply for a grant are four. They will then approach the matter as a team.
If there are no probate solicitors to handle it; the executor will have to rely on probate services to get the grant. For cases where there was no will, there would have to be an application for letters of administration. Similar measures will have to be taken in cases where the named administrators do not feel like doing what they are tasked to. When you are handling a grant application, you will have to present a copy of this letter to the probate office. Probate solicitors are normally left with the wills, which allows them to offer expert probate legal services.
Where there is an inheritance tax charge on the estate, then at least a part of it needs to be paid before the grant is issued. The grant can be out before the tax authorities decide how much tax shall be charged on the estate. In case they come up with unfair figures according to you, you need to seek the counsel of a solicitor. A probate solicitor knows the intricacies of inheritance laws and tax matters. You need such a person to manage the complexities of our situation.
The executor may find out that there are many banks and other financial institutions to be approached in the carrying out of their duties. This forces them to get many copies of the sealed grant. There is no one who will accept copies not sealed or photocopies. The executor will, therefore, need to know the number of copies needed when applying for the grant. The rates applicable shall be enclosed with the grant application.
When you think of all these duties, you shall see why it is best to turn to professionals. A probate solicitor shall handle the process much faster. You will also need them when it comes time to sell the property in the deceased’s estate.