How Do I Find a Lawyer to Help with Probate
How Do I Find a Lawyer to Help with Probate
It is always a shock when a close friend or relative dies, but when you are faced with acting as an executor or administrator of their estate, then it can be difficult to know where to begin. Taking advice from a lawyer may be the best option, but it is often difficult to know where to turn for this.
Do I need to get a lawyer involved?
Bear in mind that in some cases there are no legal formalities associated with dealing with the estate of a deceased person. If the estate contains cash worth less than 5000 and thereare no stocksand shares or property, then you will not need to go to court to get a Grant of Probate. You willbe able to access the deceased person's bank accountwith a copy of the death certificate and the Will.
Banks and building societiesset their own policies for releasing money to the representatives of a deceased person, and many won't require you to obtain probate unless the sum of money involved exceeds10,000 or even 15,000.
What will the lawyer do for me and how much will he charge?
If you are involved in a case where it is necessary to obtain probate and where you do require assistance, you will need to consider the degree of service which you require.
Some lawyers will deal with the initial legal formalities for you, whereas others will assist you in calling in all of the estates assets, bringing court claims on behalf of the estate and paying out money to beneficiaries. Some lawyers will administer the estate for you, whereas others will give you advice and guidance but you will have to do some of the legwork yourself.
It's importantthat you understand exactly what level of service you will be getting, and what fees you will be asked to pay for this service. Charging structures can vary enormously and you will need to weigh up the costs of obtaining legal assistance against the extent to which legal assistance will benefit the estate.
Traditionally, lawyers will charge an hourly rate and will periodically bill you for their services, or will ask for a percentage of the total value of the estate as their fee. More modern law firms will probably assess your case and agree a flat fee in advance. As executor you are not liable for legal fees, and these are paid out of the estate.
Where can I find a specialist solicitor?
The Law Society is the governing body of solicitors in England and Wales, and it keeps a register of all Solicitors and the areas of law in which they specialise. If you are looking for a solicitor in your areathathas experience in probate then you can contact the Law Society or search its website.
Alternatively, some banks and building societies as well as accountancy firms and legal services companies offer services to assist with the administration of estates. Whilst you will achieve less personal attention that you would from a solicitor, these services are often competitively priced and may be your best optionif the estate is relatively simple and there are unlikely to be any in-depth legal disputes.
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