You will not be penalized for not seeking legal aid when handling 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 permission that executors need to manage to carry out the wishes stated in the will. 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 too may be named as a beneficiary, and still perform the duties of an executor. There are cases where there are more than one beneficiary mentioned, which allows for not more than four to apply for the grant. They will then approach the matter as a team.
In cases where there are no probate solicitors to facilitate, the executor shall have to go through the probate services to get the grant. Cases where the deceased left no will shall necessitate the application for letters of administration. Similar measures will have to be taken in cases where the named administrators do not feel like doing what they are tasked to. It is expected that you will come with a copy of this letter when you go to the probate office for the grant application. 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 processed while the tax authorities finalize the amounts to be charged. If their deliberations seem unfair to you, it is wise to seek the counsel of a solicitor. A probate solicitor comes with expert knowledge of the inheritance laws and tax issues. This shall come in handy at this juncture.
The executor will soon come to learn that they have to deal with so many banks and other financial institutions while performing their duties. They will, therefore, have to have plenty of copies of the sealed grant. There is no one who will accept copies not sealed or photocopies. The executor will, therefore, need to know the number of copies needed when applying for the grant. The rates applicable shall be enclosed with 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. They shall also come in handy where you need to sell any property in the estate of the deceased.
They will also get the inheritance tax figures reduced considerably.