Probate Solicitors in Plymouth

Not always. A Grant of Probate is usually required when the person who has died owned assets solely in their own name, such as a house, bank accounts, or investments. However, if everything was jointly owned with a surviving spouse or civil partner, or if the estate is very small, a Grant may not be necessary. Some banks and financial institutions also have their own thresholds for releasing funds without probate. Because every situation is slightly different, it is important to get advice before making assumptions. Our probate solicitors in Plymouth can review your circumstances and confirm whether a Grant is needed, helping you avoid unnecessary stress or costs.

When someone close to you passes away, it can be difficult to know what to do first. You might find yourself wondering where to begin, what documents you need, and which organisations you should contact. It can feel overwhelming at an already emotional time.

To start probate, you will usually need the original will (if there is one), the death certificate, and details of the person’s assets and debts. This can include information about their bank accounts, property, pensions, insurance policies, and any outstanding loans or bills. If there is no will, the process involves applying for Letters of Administration instead, and the estate will be divided according to the legal rules of intestacy.

When someone close to you passes away, it can be difficult to know what to do first. You might find yourself wondering where to begin, what documents you need, and which organisations you should contact. It can feel overwhelming at an already emotional time.

To begin the probate process, you will usually need:

• The original will, if there is one

• The death certificate

• Details of the person’s assets, such as bank accounts, savings, property, pensions or investments

• Information about any debts or liabilities, including mortgages, loans, or unpaid bills

• Valuations of property or significant assets, where required for inheritance tax

• Contact details for the executors, administrators or next of kin

If there is no will, the process involves applying for Letters of Administration instead, and the estate will be divided according to the legal Rules of Intestacy.

Our experienced probate solicitors can help you gather everything you need and guide you through each step of the process. We will explain what to do, who to contact, and how to complete the required paperwork. With members of STEP, Solicitors for the Elderly, and the Law Society Private Client Section within our team, you can trust that you will receive professional, sensitive, and practical support from people who understand what you are going through.

The time it takes to complete probate depends on several factors, including the complexity of the estate, the number of assets, and how quickly information is gathered. On average, most straightforward estates take around 9 to 12 months to finalise. More complex estates that involve property sales, inheritance tax, trusts, or overseas assets can take 12 to 18 months or more. Delays can also occur if documents are missing or if there are disagreements between beneficiaries. We will give you an honest estimate at the start and keep you informed throughout so you always know how things are progressing.

You can apply for probate without using a solicitor, but many people find the process time-consuming and confusing, especially when dealing with grief or family pressures. There are a lot of forms, legal steps, and tax rules involved, and mistakes can lead to long delays or personal financial liability. Using an experienced probate solicitor means everything is handled correctly, efficiently, and with care. We can take on as much or as little as you need, whether that’s simply preparing your application or managing the full estate administration on your behalf.

When someone dies without a will, their estate is divided according to the legal Rules of Intestacy. These rules set out who can inherit, starting with the closest living relatives. It may not always reflect what the deceased would have wanted. In these cases, someone must apply for Letters of Administration to manage the estate. This process can become complicated, particularly when there are multiple potential beneficiaries or family disagreements. Our probate team in Plymouth will explain your rights, help you understand who can apply, and guide you through every step of the intestacy process with care and professionalism.

Funeral costs are usually paid from the estate, provided there are sufficient funds. Most banks will release money directly to the funeral director once they receive an invoice and the death certificate, even before probate is granted. However, if the estate’s funds are limited, the person organising the funeral may be personally responsible for the costs, so it is always worth checking before making arrangements. Our solicitors can contact the bank on your behalf to confirm what is possible and make sure the process runs smoothly.

It is sadly not uncommon for disagreements to arise after someone’s death. These can include disputes about the validity of a will, who should act as executor, or how assets should be shared. These situations can be highly emotional and can delay the administration of the estate. Our probate solicitors will always aim to resolve matters sensitively and through open communication wherever possible. If the issue becomes more serious, we can work closely with our dispute resolution team to protect your interests and reach a fair outcome.

A Deed of Variation is a legal document that allows the beneficiaries of an estate to make changes to how the estate is distributed after someone has died. It can be useful when the original will, or the rules of intestacy, do not reflect what the family feel would be fair or practical. For example, someone might want to give part of their inheritance to another relative, to charity, or to help reduce inheritance tax liability.

A Deed of Variation must be made within two years of the date of death and agreed to by everyone whose inheritance is affected. It must also be set out correctly in writing and signed by all relevant parties. If the changes could affect tax, the document must be sent to HMRC.

Our probate solicitors in Plymouth regularly prepare Deeds of Variation for families across Devon and Cornwall. We will explain your options, draft the necessary documents, and make sure everything is completed properly so that the new arrangements are legally valid and tax compliant.

The Government’s online probate system allows some applications to be submitted digitally, but it is not suitable for every situation. If there are complications, such as inheritance tax issues, missing documents, or disputes between executors, it is often safer to apply through a solicitor. Our probate solicitors can prepare the paperwork for you and handle the application correctly, ensuring there are no errors or delays. We will also deal with HMRC, the Probate Registry and any third parties on your behalf, giving you peace of mind that everything is in order.

It is very common for an estate to include property that needs to be sold or transferred. The property cannot usually be sold until a Grant of Probate or Letters of Administration has been issued. Once this is in place, the executor or administrator can sign contracts and complete the sale. Our conveyancing and probate teams work closely together to manage this process efficiently. We can help with valuing the property, instructing estate agents, preparing legal paperwork, and ensuring the sale proceeds are correctly distributed to the estate.

Yes, but it can make the process more complex. If the person who has died owned property or investments outside England and Wales, the estate may need to go through additional legal steps in the other country. This can involve extra paperwork, translations, and sometimes separate legal representation. Our probate solicitors regularly assist families with cross-border estates and can coordinate with foreign lawyers to make sure everything is handled correctly.

Yes. Being an executor can be a big responsibility, and if you do not feel able to take on the role, you can formally renounce it or choose to have another executor act on your behalf. This must be done before you start dealing with the estate, as you cannot step down once administration has begun. We can prepare the necessary documents and explain your options clearly so that you can make the decision that feels right for you.