Probate is the process of sorting out and finalising estate of someone who has died. If you are unhappy with how this has been conducted we can do a review of the probate which was initially done.

A probate review involves a comprehensive examination of the process and procedures used to administer a deceased person’s estate. When conducting a probate review we will aim to examine the following points.

Document Collection and Review

  • Probate Documents: Gather all relevant probate documents, including the will (if applicable), letters of administration, court orders, and any related correspondence.
  • Asset Inventory: Obtain a complete inventory of the deceased person’s assets and liabilities, including bank accounts, real estate, investments, debts, and personal property.

Compliance with Legal Requirements

  • Probate Laws: Ensure compliance with probate laws and regulations applicable in the jurisdiction where the estate is being administered.
  • Court Procedures: Verify adherence to court procedures and deadlines for filing documents, notifications to beneficiaries, and other legal requirements.

Executor/Administrator Duties and Responsibilities

  • Fiduciary Duties: Assess whether the executor or administrator has fulfilled their fiduciary duties, including loyalty, care, and diligence in administering the estate.
  • Asset Management: Review how assets were managed during the probate process, including valuation, preservation, and disposition.

Creditor Claims and Debt Settlement

  • Creditor Notifications: Verify procedures for notifying creditors of the deceased person’s estate and ensure compliance with notification deadlines.
  • Debt Settlement: Review how debts of the estate were identified, validated, and settled in accordance with legal requirements and available funds.

Distribution to Beneficiaries

  • Beneficiary Rights: Ensure beneficiaries’ rights are protected and that distributions are made in accordance with the deceased person’s wishes as stated in the will or intestacy laws.
  • Timing of Distributions: Assess whether distributions to beneficiaries were made promptly and in accordance with legal timelines and requirements.

Tax Compliance

  • Tax Filings: Review the preparation and filing of estate tax returns and income tax returns, ensuring compliance with tax laws and timely submission.
  • Tax Payments: Verify that any estate taxes owed were paid within required deadlines to avoid penalties and interest.

Record-Keeping and Documentation

  • Documentation Review: Ensure comprehensive documentation of all probate proceedings, financial transactions, communications with stakeholders, and decisions made during administration.
  • Accessibility of Records: Confirm that records are organized and accessible for review by interested parties, including beneficiaries and regulatory authorities.

Risk Assessment

  • Risk Identification: Identify potential risks associated with the probate process, such as disputes among beneficiaries, challenges to the will, or tax audit risks.
  • Risk Mitigation: Recommend strategies to mitigate identified risks and improve the effectiveness of estate administration.

Reporting and Recommendations

  • Audit Report: Compile findings, observations, and recommendations into a formal audit report documenting the probate review process.
  • Presentation to Stakeholders: Present audit findings to relevant stakeholders, including beneficiaries, legal counsel, and any involved parties, and discuss recommendations for improving estate administration practices.

Next Steps

If you have a specific probate case or estate administration proces you would like us to examines that needs auditing, we will need to see the relevant documents used during the first probate. Please also specify any particular concerns or areas of focus you would like us to examine.

Additionally, indicate the jurisdiction governing the estate to ensure compliance with local probate laws and regulations. This information will help us tailor the probate review to address your specific needs effectively and ensure a thorough examination of estate administration practices.

Call us now on 0207 060 1210 to book a legal appointment