WHEN TO CONTACT PROBATE SOLICITORS?
The fact that no-one named as an executor in someone's will is under any obligation to seek probate solicitor services, cannot be overstated.
It is necessary to get a probate solicitor when it becomes required for the executor to deal with the late person's estate because it gives him/her the legal authority to do that. While it is known to be an occasionally timely and complex process, a lot of people, even those without previous legal knowledge, have been able to perform the task well.
There are times though when the executor requires probate legal advice. For those who need advice and assistance when it comes to handling the estate of a dear friend, they will require the professional services of a specialist probate. The executor may just need some sound probate legal advice on a few things that may arise before they can then go ahead with handling the estate dealings by themselves. That being said, tested are times when the executor takes another path and allows the probate solicitors handle the whole case.
The handling of the distribution of the entire estate may be entrusted to the probate solicitors for various reasons. It could be that the executor is simply unwilling to handle it or just lacks the time that would be needed to treat the issue to his or her satisfaction or also, he or she may just not feel very confident about handling matters of such nature. It's therefore good news for them that there are people in the legal profession who have the experience and training to handle probate.
When a will is being contested, then probate legal advice, and ideally, the help of specialist probate solicitors is of great importance. Another reason may be if perhaps, the property being discussed is outside of the country or was bankrupt as at the time the deceased passed away. There's also the case where more than one administrator has been named in the will wherein a course of action cannot then be taken. Legal advice is needed in this case to provide some compromise.
The executor must, at all times, keep in mind that these are matters of a legal nature he or she is handling and that a wrong move can lead to him or her being sued. For today reason alone, it would be better and safer to hand over the entire estate to a specialist probate solicitor.
For anyone who has been named an executor of a will, such a person has to apply for Grant of Probate, in order to get the legal authority to handle the estate. Some forms have to also be filled and an oath will be sworn. By making the wise choice of using a solicitor, the executor then saves himself or herself, the stress involved in carrying out these validation tasks.