Following the death of a loved one, what are the first steps in the legal process?

In this blog, our Marlow team outlines the process and how we can help.

The death of a loved one is an incredibly difficult time. Alongside your grief, you may suddenly find yourself having to deal with legal and financial matters that feel unfamiliar and overwhelming. Our friendly, professional and sensitive team of solicitors in Marlow is here to help you understand what needs to be done.

We can meet you in person at our Marlow office and take the time to explain each stage of administering an estate. One of the first questions to consider is whether you need to apply for probate.

What is probate?

Probate is the legal process of dealing with a person’s estate after they have died. This includes confirming the validity of their Will, identifying and valuing their assets, paying any debts and taxes, and distributing the estate to the beneficiaries.

If there is a valid Will, the person named as executor is usually responsible for handling the process. If there is no Will, or no executor is able to act, our team can help you apply to be appointed as an administrator.

The Grant of Probate, or Letters of Administration, gives the executor or administrator the legal authority to act on behalf of the deceased’s estate. This may include closing bank accounts, selling property, transferring assets and making sure any tax due is dealt with properly.

Not every estate requires probate. Whether it is needed will depend on the type of assets involved, how they are owned, and their value.

How to apply for probate in Marlow

You can apply for probate yourself or ask a solicitor to deal with the process on your behalf. The main steps usually include:

1. Registering the death

Before anything else, the death must be registered. If your loved one died in Buckinghamshire, you can book an appointment to register the death at a Buckinghamshire register office, including Aylesbury, Beaconsfield, Buckingham or High Wycombe. You will then be able to obtain copies of the death certificate, which you are likely to need when dealing with the probate application, banks, insurers and other organisations.

2. Valuing the estate

Next, you need to work out the value of the estate. This includes everything the deceased owned, less any liabilities. Accurate valuations are important, particularly where property, investments or business interests are involved. In some cases, you will also need to report the estate to HMRC and consider whether Inheritance Tax is payable. There are various allowances, exemptions and reliefs that may apply, and our Marlow solicitors can help you understand your reporting obligations and prepare any necessary Inheritance Tax forms.

3. Complete the probate application

If there is a Will, you will usually apply for a Grant of Probate. If there is no Will, you will usually apply for Letters of Administration. Either way, the grant confirms your legal authority to deal with the estate.

Applications can be made online through Gov.uk or by post, and must be supported by the relevant documents, including the original Will if there is one. The process can be more complex than it first appears, and delays at the Probate Registry are not uncommon, so it is important to prepare the application carefully.

4. Pay any Inheritance Tax

If Inheritance Tax is due, at least some of it may need to be paid before probate is granted. In some cases, it may be possible to pay by instalments, depending on the type of assets in the estate.

This can create practical difficulties, particularly if there is not enough readily available cash in the estate. A solicitor can advise you on the options available and help you manage the position as smoothly as possible.

5. Grant of Probate is issued

Once the application has been approved, the Grant of Probate or Letters of Administration will be issued. Timescales can vary depending on the complexity of the estate and any delays at the Probate Registry.

6. Administer the estate

Once the grant has been issued, you can begin collecting in and dealing with the estate assets. This may include closing bank accounts, selling property or investments, settling liabilities and preparing estate accounts.

When everything has been dealt with, the remaining estate can then be distributed to the beneficiaries.

What are the most common challenges in the probate process?

Even where matters appear straightforward at first, probate can become complicated. Some of the most common issues include:

• family disagreements;
• selling property in a competitive market;
• identifying missing assets or liabilities, particularly where financial records are incomplete; and
• dealing with Inheritance Tax efficiently, including making full use of any available exemptions, reliefs and allowances. In some circumstances, it may also be possible to vary the terms of a Will after death in a tax-efficient way.

The probate process can feel daunting, but you do not have to manage it alone. Getting advice from a local Marlow solicitor can help you avoid delays, deal with problems early and reduce stress at an already difficult time.

If you would like expert probate advice and support in Marlow, please contact Bethan Chant at bethan.chant@theburnsidepartnership.com.