Probate Solicitors.

Probate is the process of applying for a Grant of Probate to allow someone to manage another person’s assets and affairs (known as their estate) after they pass away. The person responsible for doing this is whoever is named as an Executor in the deceased’s will.

Probate is followed by estate administration, which is the part of the process where those named in the deceased’s will (the beneficiaries) receive their inheritance. Estate administration also includes the processes of settling the estate’s debts, inheritance liabilities, the sale of any properties, and many other things.

When people refer to probate, they tend to mean the whole process of applying for the Grant of Probate and estate administration together.

If somebody dies without a will it’s called dying intestate, and any assets of the deceased’s estate which aren’t accounted for will follow the intestacy rules. The intestacy rules only allow a deceased’s estate to be inherited by someone closely related to them and only through an application for a letter of representation, rather than grant of probate.

Unmarried partners of a deceased person who did not write a will are not entitled to anything under the intestacy rules, but they may have other ways they can claim part of the estate.

The person who applies for the letter of representation is typically the person who stands to inherit the most under the intestacy rules. Most often, this is the spouse of the deceased.

Around half of all estates require probate, but if an estate is worth less than £10,000 overall, probate may not be required.

For those that do require probate, many Executors will appoint a Professional Executor to apply for the grant and administer the estate. There’s no right or wrong decision on whether you should do this and many Executors consider how confident they are in their ability to apply for the grant and complete estate administration, and how much time they have available to do this when deciding whether to appoint someone else for probate. Some Executors don’t apply for probate simply because they don’t want to do it themselves.

However, Executors who administer an estate incorrectly could face personal liabilities, cause legal disputes and delay the eventual distribution of the estate.

If you are unsure whether you need to apply for probate, please call one of our specialist probate solicitors on 020 3007 5500, 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. Checking 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 £10,000.

2. Checking 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 circumstances 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. Getting an estimate and report the estate’s value. You will need to get all the assets in the estate valued.

4. Finding 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. Retrieving 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.

The cost of probate most often depends on two factors: how complex the estate is, and how much time is needed to get the estate in order. However, if there are doubts over the will’s validity or overseas assets, this can increase costs further.

Please see our probate pricing page for full details on our probate service fees and timescales.

Between obtaining a Grant of Probate and administering an estate, including distributing inheritance, probate tends to take an average of 18 to 24 months from start to finish.

Please note that where an estate includes property (particularly properties valued at over £1,000,000) time estimates can vary significantly depending on the condition of the housing market, and the desired sale price.

A solicitor isn’t always necessary for probate, but they can help to ensure the process is carried out correctly.

If you’re unsure of what probate involves, or what your responsibilities as an Executor are, we offer fixed fee initial consultations where you can discuss your concerns with an experienced probate solicitor.

We would always recommend you consult with a probate solicitor if any of the following apply:

• You anticipate that inheritance tax will be due.
• 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 or your acting as Executor is likely to cause a conflict.

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

To contact one of our probate solicitors, please call us on 0203 007 5500.