Probate

Expert & Compassionate Probate Services in Devon

Losing a loved one is never easy, and dealing with their estate can feel overwhelming.

What is Probate?

Probate is the legal process of validating a will and distributing a person’s estate according to their wishes. It involves managing and settling the estate, paying any debts and taxes, and distributing assets to beneficiaries. If the deceased didn’t leave a will, the estate must be administered according to intestacy laws.

At Gorman Legal, Damian Gorman provides expert probate services to guide you through the process with care and professionalism.

If you need to apply for probate, Damian offers clear, practical advice to help you manage the legal and financial responsibilities with confidence. Whether you require full support or just some expert guidance, his probate expertise ensures everything is handled smoothly and efficiently.

Frequently asked Questions about Probate

Probate is the legal process of administering a deceased person’s estate. It involves validating their will (if they had one) and ensuring their assets are distributed according to their wishes. If there’s no will, probate is still necessary to distribute the estate according to intestacy laws. Probate ensures that all legal and financial obligations are met, such as paying debts and taxes before distributing the remaining assets to beneficiaries.

If someone dies without a Will, they are considered to have died intestate. In this case, the law decides how their estate is distributed, usually prioritising close family members but the results are enough expected and unwanted. The process involves applying for Letters of Administration instead of Probate. I can guide you through the intestacy process and ensure the estate is administered according to the law.

The time it takes for Probate to be granted can vary depending on the complexity of the estate. For a straightforward estate, Probate may be granted within a few months. However, more complicated estates or disputes among beneficiaries can extend the process. I can help manage the process efficiently, ensuring everything runs smoothly.

Yes, you usually need Probate if there’s a Will, especially if the deceased owned significant assets such as property. Probate allows the executor to legally access and manage the estate, settle any debts, and distribute the remaining assets to beneficiaries according to the Will.

The executor named in the will is responsible for applying for probate. If there is no will, the court appoints an administrator to handle the estate. I can assist with the probate application process to ensure everything is handled correctly.

If there is no valid Will, the next of kin or a close family member must apply for Letters of Administration to manage the estate. This legal document gives them the authority to administer the estate according to intestacy laws. I can guide you through the process of applying for Letters of Administration.

During estate administration, the executor (or administrator) identifies and values the assets, pays any debts or taxes owed, and distributes the remaining assets to beneficiaries. I can help with all aspects of estate administration, from valuing assets to distributing them efficiently and according to the law.

The cost of Probate depends on the size and complexity of the estate. There are court fees, legal fees, and potential tax liabilities to consider. I offer transparent and competitive pricing for my Probate services, and I’ll provide a clear estimate of costs upfront.

Yes, probate can be contested if there are disputes over the will’s validity, disagreements among beneficiaries, or concerns about how the estate is being administered. I offer support in resolving probate disputes and can help ensure the process is handled fairly.

Not all estates require probate. If the estate is small and does not include property or significant assets, probate may not be necessary. I can help you determine whether probate is required for a specific estate.

During Probate, any inheritance tax owed on the estate must be calculated and paid upfront before Probate can be applied. I provide expert advice on managing inheritance tax liabilities and ensuring all taxes are handled correctly during estate administration.

If an estate has more debts than assets, it is considered insolvent. In this case, the debts must be paid in a specific order, and beneficiaries may not receive any inheritance. I can help you navigate the process of managing an insolvent estate and ensure the correct legal procedures are followed.

Yes, you can leave specific gifts, such as personal items, money, or property, to individuals or charities in your will. I can help you outline these specific bequests clearly to ensure they are honoured.

Yes, an executor can be held liable for errors in estate administration, especially if beneficiaries or creditors suffer losses due to mistakes or delays. I can assist you in managing the estate correctly, reducing the risk of legal challenges or personal liability.

The executor is responsible for handling the entire probate process, including applying for probate, valuing the estate, paying debts, and distributing assets. I can guide executors through the process and provide support to ensure their duties are carried out smoothly.

If you need help with probate or estate administration, I’m here to provide expert guidance. Contact me today to discuss how I can assist you with every aspect of managing the estate.

Screenshot 2025-04-03 at 12.05.44
bobby-Oq8HY4lpuv8-unsplash

Speak to Damian

Call me directly on the number below, send me an email or fill out the form. Taking the first step towards securing your legal affairs is simple. Reach out for a non-obligation consultation.

Call  01392 793739

Screenshot 2025-03-07 at 12.14.20

I am dedicated to making the legal process as straightforward and stress-free as possible. Don't navigate these challenges alone – contact me today and let me provide the expert legal guidance you deserve.

Our Services

Planning for the future is essential. I offer comprehensive will writing services to ensure your wishes are clearly documented and legally binding.

See full details here.

Managing a loved one's estate can be challenging. My probate services are designed to handle the legal complexities, providing you with peace of mind during difficult times.

Find full details here.

It's crucial to have someone you trust make decisions on your behalf if you're unable to do so. I assist in setting up lasting power of attorney arrangements tailored to your needs.

See full details here.

Effective Estate Planning involves more than just drafting a Will. It’s about creating a comprehensive plan that addresses your unique needs and goals.

Find full details here.

Later life planning involves making arrangements and decisions that affect your well-being and your financial security as you age, as well as protecting your legacy.

See full details here.

A Living Will, also known as an Advance Decision, is a legal document that outlines your preferences for medical treatment in the event that you are unable to communicate or make decisions due to illness or incapacity. It allows you to specify the types of medical treatment you do or do not want to receive, ensuring that your wishes are followed. Find out more here.