Do I Need a Probate Lawyer?

The most common advice that executors give out consistently, is to hire probate lawyers in London when it comes to winding up an estate. Now the decision solely rests upon you, of course, there is the added advantage of hiring a probate lawyer though since he is so well versed with how local probate courts function as well at the state law regarding estates. To be fair, it is not like all executors end up needing probate lawyers in London to look at all the court proceedings or have to even consult them for a bit of advice. If your estate does not have any kinds of assets that may be deemed to be away from the usual or the estate is not extremely large even, then maybe you can get on by fine without the help of probate lawyers in London.

To ascertain if you need the assistance or will you be fine without it, you can look into the questions mentioned below. If the answer to a majority of the questions is yes there, then you can probably handle everything on your own — else having an experienced professional by your side would really be an asset.

  • The first question that needs to be asked is whether the deceased person’s estate can be transferred without the need of a probate court? Now the answer to this question majorly lies in the fact whether the person had done any sort probate-avoidance math before death. In an ideal situation, all the properties/assets should be transferred without a hitch outside of the probate to the intended recipients free form any need for probate lawyers in London. Assets like joint tenancy, life insurance proceeds, properties in living trusts etc. ideally do not require probate. But if there are assets that are unusual and under dispute, then probate lawyers in London are truly your best bet is the scenario.
  • Can the estate be looked upon by the state for simple small estate proceedings? Of course, the best-case scenario here would be if there is no requirement for probate at all. However, if that is not a possibility, figuring out if there are any sorts of small estate procedures that can be used by it. In a lot of counties, the possibility of having summary probate is there, wherein you can go for an out of court process with just an affidavit being presented to the holders of the asset. Of course, every county has its own set of rules regarding it. Now if you think about the hassles of trying to go around the situation is way too much when you think about it, so hiring probate lawyers in London would not be such a bad idea now, would it?
  • Do the members of the family have cordial relations? Thought contesting of wills is rare, but it is definitely not unheard of. If there is any member who has been raising his voice regarding taking legal measures over the reading of the will, then you know that there will be legal hassles involved and you will need lawyers for that. Compare it to a not so amicable divorce proceeding, wherein you need to hire a divorce solicitor in London, to make sure that each party comes to an agreement that is favourable for them, or at least acceptable. In the same manner, if the estate is going to undergo a legal battle, having probate lawyers in London by your side, will help make matters so much better.
  • If probate is mandatory in the situation is the probate process in your county simple? Now if we have no other option than to go in for a probate, the only scenario wherein you might not be required to hire any probate lawyers in London, is if a set of laws known as UPC or uniform probate laws have been adopted by the county in which the deceased held assets. If the answer is yes, then you have a relatively easier path ahead of you and you can still think about having a lawyer. Compare this to having a problem with your re-mortgage and not hiring a remortgage solicitor in London, since you wouldn’t do that in the same vein.

If you are having a hard time dealing with all the estate laws, then the best way forward is to hire probate lawyers in London who can help you and guide you through the process and make sure that the assets reach the intended recipients hassle free!

Donna Enn