There is no legal condition that can force you to have to get legal help when doing the probate process. But it is a good idea to do so when you have a specialist probate lawyer to take care of the complexities of the process.
A grant of probate is the legal authorization for an executor to do as the will has instructed. The executor needs it if they are to collect all that the deceased owned and divide it among the beneficiaries as they wished through their will. They may happen to be also part of the beneficiaries, and still manage to do their job. Where there are multiple beneficiaries, only four of them can apply for a grant. They will then approach the matter as a team.
There may be instances when there are not probate solicitors to handle it, leaving the solicitor to go for probate services to get the grant. Cases where the deceased left no will shall necessitate the application for letters of administration. This shall also be the case where the named administrators are now ready to do what is expected of them. When you are handling a grant application, you will have to present a copy of this letter to the probate office. Probate solicitors normally are entrusted with the wills, and so they can give expert probate legal service.
Since there shall be an inheritance tax charged on the estate, some part of it will have to be paid before the grant can be given. 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 comes with expert knowledge of the inheritance laws and tax issues. This is what is needed at that point.
The executor may find out that there are many banks and other financial institutions to be approached in the carrying out of their duties. They will, therefore, have to have plenty of copies of the sealed grant. They cannot work with copies not sealed or photocopies. The executor, therefore, needs to decide how many copies they need while still applying for the grant. The necessary rates shall be in the grant application.
The things involved in carrying out such a process is what forces most people to turn to the professionals. The probate solicitor will get this done much faster. You will also need them when it comes time to sell the property in the deceased’s estate.
They will also see to it that the inheritance tax amounts is not too high.