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Understanding the Probate process for Fixed Probate
Probate focuses on the inheritance of a person’s estate after they’ve died. The fixed Probate process needs to be followed diligently to ensure a legally binding outcome and resolution when dealing with a deceased person’s estate.
Although grounded in legal formalities, its essence is focused on ensuring the deceased’s estate is shared how they wished it to be.
Many won’t have even considered the subject, let alone have a knowledge and understanding of it. Unfortunately, it only becomes important to people when in a time of grief after the death of a loved one.
This article seeks to provide a clearer picture of what you could expect when going through the fixed Probate process.
Rebecca Harbron-Gray has been fantastic - as well as using her expertise, she's been sensitive, thorough, understanding and very helpful, going the extra miles in a difficult situation.
Gabriella
What is the fixed Probate process?
Fixed Probate ensures those matters, when dealing with the process of distributing a deceased’s estate, are conducted with a pre-agreed price, declared from the outset.
Providing reassurance that the cost won’t escalate beyond a set point, the fee amount is made explicit at the start by the legal team you instruct.
If the situation changes and you ask the team to do something differently from what is agreed at the start, the fees may change. If not, the knowledge of the agreed fee, based on the circumstances, gives you a clear vision of what’s to come.
Understanding the process
The Probate process can be different for each client, based on the circumstances of the estate in question. However, there is a more common path through the process that takes you from an initial call to a legal professional to the distribution of the estate.
Once a legal team is instructed to act on your behalf, they’ll begin searching for a relevant, valid Will that may dictate the next steps.
Following that, there’ll be the identification of all assets and outstanding debts, so the estate can be valued accurately and those entitled to inherit get what the deceased wished them to.
HMRC forms and the relevant HMTCS – related to Probate Court – will be drafted prior to the paying of any inheritance tax due. An application for a Grant of Representation will then be made; this is a document that confirms who is legally able to administer the estate.
Upon receipt of the Grant, the assets can then be sorted, liabilities settled and final payments made to beneficiaries.
From the initial meeting to completion, all the staff I encountered at Winns were friendly, approachable, and extremely knowledgeable on all aspects of my will requirements. It was a pleasure to deal with them.
Stephen
Why choose fixed Probate?
Fixed Probate provides clarity and certainty; you’ll know from the initial conversations how much the process will cost. That price will be tailored to your unique circumstances when dealing with the estate in question so unless you request other services or input to what was agreed initially, there’s no confusion and few, if any, surprises waiting in the wings.
How can Winns help?
Winns has a dedicated Wills, Probate, and Trust team waiting to support you through all or part of the process, depending on what you need.
With decades of experience, our compassionate and diligent experts will ensure the legal obligations are met, the relevant processes are followed, and all matters associated with Probate are taken care of.
We understand this may feel daunting but our team will put you at ease from the outset, show understanding and empathy, and help you feel more comfortable with what is happening and what will happen next.
Are you considering which legal professional to conduct Probate on your behalf?
To find out more about the Probate process, and how we can help, click on the link to be taken to our dedicated page.
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Meet the Wills, Probate & Trusts Team
Rebecca Harbron Gray
Head of Wills, Probate & Trusts