When someone passes away, their estate must likely go through a probate process. After the loss of a loved one, this can feel overwhelming. A common question that arises is whether you need a solicitor to handle it. The answer depends on the complexity of the estate and your personal circumstances.
This guide explains what probate involves, when you might handle it yourself, and when professional legal help is strongly recommended. Understanding these key points will help you make an informed decision and navigate the process with confidence.
Having a local solicitor is often preferable to instructing a solicitor further away, so that you can meet face to face, hand over or sign documents and administer local property. Taunton Solicitors are ideally placed to deal with estates throughout Somerset, although we do act for clients further afield.
Understanding the Probate Process
Probate is the estate administration of a deceased person’s assets, which includes their property, money, and possessions. The process officially authorises a person, known as the executor (if named in a will) or an administrator (if there is no will), to handle the estate.
This authorisation comes in the form of a legal document called a Grant of Probate or Letters of Administration. It’s required to access bank accounts, sell property, and distribute the assets to the rightful beneficiaries. Probate is usually necessary when the deceased owned assets solely in their name, such as a house or significant savings.
When a Solicitor Might Not Be Needed
You may not need to hire a solicitor for probate in a few specific situations, especially when the estate is simple and straightforward:
- Jointly Held Assets – If the deceased owned all their major assets, such as a house or bank accounts, jointly with a surviving partner, these typically pass directly to the survivor without requiring probate. This is because the assets are not considered part of the deceased’s sole estate.
- Low-Value Estates – Many banks and financial institutions have their own thresholds for releasing funds without Grant of Probate requirements. If the total value of the estate is below these limits (which can range from £5,000 to £50,000), you might be able to manage the estate without formal probate. However, each institution sets its own rules, so you’ll need to check with them directly.
- Simple, Undisputed Estates – If the estate is small, has no property, no Inheritance Tax to pay, and there are no disputes among beneficiaries, you may feel comfortable handling the probate process yourself.
When a Solicitor Is Recommended
There are many scenarios where seeking legal advice is crucial to avoid costly mistakes and personal liability:
- Complex Estates – If the estate includes diverse assets like multiple properties, shares, business interests, or foreign assets, a solicitor’s expertise is invaluable. They can ensure that everything is valued correctly and handled according to legal requirements.
- Inheritance Tax Issues – Estates valued above the Inheritance Tax threshold (£325,000 in the UK) often involve complex tax calculations and submissions to HMRC. A solicitor can navigate these complexities, ensuring the correct amount of tax is paid and all reliefs are claimed.
- Disputes or Will Challenges – If there are disagreements among beneficiaries, or if the validity of the will is being challenged, a solicitor is essential. They can provide impartial advice and mediate disputes to prevent them from escalating into costly legal battles.
- Lack of Time or Familiarity – The probate process is time-consuming and involves a lot of paperwork. If you lack the time or confidence to manage it yourself, a solicitor can handle the entire process efficiently, reducing stress and ensuring all legal duties are met.
Making the Right Decision
Deciding whether to use a probate solicitor in Taunton will depend on your situation and comfort level navigating the legal system. Since the executor is legally responsible for administering the estate correctly and any mistakes can lead to further complications and liability, it’s often best to rely on the experience of the team at Taunton Solicitors. We can lift the administrative burden from your shoulders during a difficult time, navigate legal complexities and help prevent disputes. If you live in Taunton or Somerset and you are looking for support and advice from experts close to you, you need look no further than Taunton Solicitors. If you’re unsure, contact us for an initial consultation, and we can help you understand what is involved and decide the best path forward.