Probate

Practical guidance when dealing with an estate

Dealing with the estate of a family member or close friend can feel difficult, especially when it comes at a time of grief. There may be property, bank accounts, pensions, insurance policies, tax matters and family arrangements to work through, and it is not always clear where to begin.

At David Walley & Co Solicitors, we help executors, administrators and families understand what needs to be done after a death. We can guide you through the probate process, prepare the necessary paperwork, liaise with the Probate Office and Revenue where required, and help you administer the estate as smoothly as possible.

Whether the estate is straightforward or more complex, our role is to give you clear advice, help avoid unnecessary delays, and make sure the legal and practical steps are handled properly.

What is probate?

Probate is the legal process that confirms the authority of the person dealing with a deceased person’s estate. Where the deceased person left a valid will, the person named in the will is usually called the executor. The executor may need to apply for a Grant of Probate before they can fully deal with the estate.

Where there is no will, or where there is no executor able or willing to act, a different type of grant may be required. This is generally known as Letters of Administration. In both cases, the purpose is to give the correct person legal authority to gather in the assets, pay debts and expenses, deal with tax issues, and distribute the estate to the people entitled to receive it.

Not every estate will require a full probate application, but many do. This is particularly common where the deceased owned property, had significant bank accounts or investments, or where financial institutions require a grant before releasing funds.

How we can help with probate

We provide practical support at each stage of the probate and estate administration process. This may include:

Reviewing the will and identifying the executor

The first step is usually to locate the original will and confirm who has been appointed to act as executor. We can review the will, explain the executor’s role, and advise on any immediate issues that need to be addressed.

Identifying assets and liabilities

Before an application can be made, the estate must be assessed. This usually involves gathering details of property, bank accounts, credit union accounts, pensions, shares, loans, funeral expenses, household bills and any other assets or debts.

Preparing the probate application

The probate application must be prepared carefully. This may involve completing the required Revenue process, including the Statement of Affairs Probate Form SA.2, and submitting the relevant documentation to the Probate Office or District Probate Registry.

Dealing with Revenue and tax issues

Probate can involve tax considerations, including inheritance tax, capital acquisitions tax, income tax or capital gains tax issues depending on the estate. We can help identify where tax advice or Revenue filings may be required as part of the administration.

Administering and distributing the estate

Once the grant issues, the executor or administrator can proceed with collecting assets, paying debts and expenses, and distributing the estate in accordance with the will or the rules that apply where there is no will.

If you have been named as executor

Being named as executor is an important responsibility. It does not mean you need to know every legal step yourself, but it does mean you are responsible for ensuring the estate is administered correctly.

Executors may need to deal with beneficiaries, financial institutions, property, tax issues and paperwork. There can also be practical questions around funeral expenses, insurance, vacant property, outstanding bills or family queries.

We can advise you on what is expected, what information needs to be gathered, and how the process should be managed from start to finish.

If there is no will

Where someone dies without a valid will, they are said to have died intestate. In that situation, the estate is distributed according to legal rules rather than personal wishes set out in a will.

This can affect who is entitled to act, who inherits, and what steps need to be taken before the estate can be administered. We can explain the process clearly and help the appropriate person apply for the necessary grant.

Why choose David Walley & Co Solicitors?

Probate is not only a legal process. It is often a personal and sensitive matter for the family involved. Our aim is to make the process easier to understand and easier to manage.

David Walley & Co Solicitors provides clear, practical probate advice to executors, administrators and families. We help you understand what is required, prepare the necessary documents, and move the estate administration forward with care and attention.