Our Probate Lawyers Promise

In simple terms, probate is the process of legally validating the deceased’s will and dealing with their estate. Dealing with the deceased’s estate generally means distributing their assets and clearing any outlying debts.

Generally, when the deceased leaves a will, the named executor in the will is the person who can apply for probate.

If somebody dies without a will, any assets of the deceased’s estate which aren’t accounted for will follow the intestacy rules. The intestacy rules will only allow a deceased’s estate to be inherited by someone of close relation to them. For example, only the deceased’s spouse/civil partner and a few other relatives can inherit under these rules.

However, when there’s no will, you may ask who can apply for probate because there’s no named executor. In this circumstance, the person who can apply for probate is the most ‘entitled’ inheritor under the intestacy rules. The most entitled inheritor is the person who stands to inherit the most under the intestacy rules. For example, if the deceased was married, their spouse would be the entitled inheritor and the person who can apply for probate.

For more information about intestacy, please visit our intestacy page.

On average, around 50% of deaths in the UK require probate. When understanding whether or not probate is needed, there are two questions you need to ask yourself, which are:

1. What’s the value of the estate?

In an instance where the estate’s value is below £50,000, it’s likely that you don’t need to apply for probate. When an estate is valued below £50,000 it can be classed as a ‘small estate’, which means many banks are willing to release the funds and assets without seeing a formal grant of probate.

2. Are any assets jointly owned?

When assets in an estate are jointly owned, the assets will automatically pass to the surviving co-owner. Therefore, in this case, you won’t need to apply for probate, you’ll just need a copy of the death certificate. However, you may still need to apply for probate in some circumstances. For example, if some of the assets were solely owned by the deceased, such as pensions.

If you are unsure whether you need to apply for probate, please call one of our specialist probate lawyers on 01273 726951, and we can help.

When you’re looking to apply for probate, there are several steps you need to take before completing the application form. These steps include:

1. Check to see whether you need probate. For example, probate may not be needed if any assets are jointly owned or if the estate’s value is below £50,000.

2. Check to see whether you can apply for probate. If there’s a will, you can only apply for probate if you’re named as an executor. In a circumstance where there’s no will, you can only apply for probate if you’re over the age of 18, and you’re the most ‘entitled’ inheritor of the deceased’s estate under the intestacy rules.

3. Get an estimate and report the estate’s value. You will need to get all the assets in the estate valued.

4. Find out whether there’s any inheritance tax to be paid. You will need to pay inheritance tax in some circumstances, for example, if the estate’s value exceeds £325,000.

5. Retrieve a copy of the original will if you’re an executor (you don’t need to do this if you’re an administrator). In addition, you must also have a copy of the original death certificate or an interim death certificate from the coroner.

When you have taken these steps, you will need to complete the correct probate application form. If there’s a valid will you will need to complete a form PA1P. However, if there’s no valid will you will need to complete a form PA1A.

It’s difficult to provide an accurate price estimate for your probate case as each case is different. The price is affected by factors such as: whether there are doubts over the will’s validity, the quality of the financial records left by the deceased, whether the estate holds overseas assets, among other factors. Regardless of these factors, our probate lawyers charge at a rate of £250 – £300 + VAT per hour, and the time it takes to achieve a grant of probate and settle the estate usually takes at least ten months.

To give you an idea of cost, a simple uncontested probate will cost in the region of £3,950 + VAT for 13 hours of work. This price is based on an estate valued at below £325,000, which consists of standard assets (house, cash and personal possessions) that are all based in the UK with a small number of beneficiaries.

Disbursements and third party costs such as the probate application fee (£155) are not included in the above price.

A straightforward probate matter will take a minimum of ten months to approve the grant of probate. However, for more complicated probate cases, which involve complex assets, the time it takes to get a grant of probate can take at least 1-2 years.

In some cases, probate may not be needed. However, in circumstances where the estate is more complicated, it’s best to seek legal help from a specialist probate lawyer. Examples of when you should use a probate lawyer include:

• If the value of the estate is over £50,000.
• The terms of the will are unclear.
• Part of the estate is going to pass to a beneficiary below the age of 18.
• The deceased owned land or property abroad.
• If anyone is likely to contest the will.

If you decide to instruct a lawyer, legal fees can be paid from the estate.

To contact one of our probate lawyers, please call us on 01273 726951.