Probate Solicitors

Probate Process

1. First Meeting

We’ll meet with you (ideally in person, but this can also be done by phone, Zoom, Teams or Skype call) to gain a preliminary understanding of the estate and its current status – including detail about the individual assets, the size of the estate, any tax implications, and the existence of Wills.

Following this we will write to you with a summary of the estate position as we understand it, and detailed costs information so that you know what to expect later down the line.

During this initial meeting, we will be looking for detailed information on:

• Your connection with the estate;
• Any named executors and beneficiaries;
• The existence, or not, of a Will and its location;
• The assets and liabilities of the estate;
• Any possible claims against the estate;
• Overall Inheritance Tax position;
• The extent of the assistance you require from us.

2. Costs proposal and Confirmation of Instructions

We’ll then write to you to confirm our proposed costs for dealing with the agreed scope of your instructions – whether as a fixed fee or as a percentage of the final estate value.

On your confirmation, our work begins and we will step in to deal with ascertaining the estate valuations, tax considerations, and the application for grant of probate which will place the legal authority for administering the estate firmly in the hands of the named executor(s) or administrator(s).

3. Preliminary Stages

The steps Leading to application for the Grant of Probate (or Letters of Administration)

The main bulk of our probate services see us carry out the necessary calculations and research to create a grant of probate application on your behalf.

Contrary to popular belief, when someone dies the named executor does not automatically have the legal right to start distributing the estate – they need to apply for a grant of probate first unless the estate is very low in value.

Obtaining a grant of probate is the process through which the executor or administrator of a applies to be appointed by the court to manage the estate in full, legally, on behalf of the deceased – carrying out the wishes outlined in their Will and distributing the estate up as specified. If no Will exists no executor is named, so you must apply for Letters of Administration by which the court appoints administrators to administer the estate according to the laws of intestacy.

As part of a grant of probate or letters of administration application we shall:

• Locate a valid Will, or establish intestacy to confirm the lack of a formal Will;
• Identify the executors or administrators and beneficiaries;
• Inform all relevant agencies (HMRC, DWP, Insurers etc);
• Obtain full details of the estate’s assets and liabilities, including any lifetime gifts made by the deceased;
• Organise any necessary valuations;
• Liaise with all parties to collate relevant documents and information relating to the estate.
• Calculate and provide advice on Inheritance Tax liability and reliefs and strategies available to mitigate liability;
• Provide advice on funding the payment of Inheritance Tax to HMRC;
• Prepare the application for Grant, complete and submit relevant HMRC forms;
• Submit the application for the Grant on your behalf.

4. Administration of the Estate

As a broad guide you can expect the grant of probate or letters of administration application process to last between three and six months for straightforward estate and longer for a more complex estate, with various factors impacting the timeline – including the extent and nature of assets and liabilities, contents of a Will, tax arrangements and so on. When we have a clearer understanding of the scope of the estate and requirements for its administration we can give you more accurate guidance on the timescale.

Once the Grant has been issued by the Court, we shall:

• Collect in the assets of the estate;
• Coordinate the sale of assets as appropriate;
• Organise payment of the debts and liabilities including any outstanding Inheritance Tax;
• Prepare interim Estate Accounts as appropriate;
• Arrange necessary tax returns to HMRC and payment of any Income and Capital Gains taxes due;
• Finalise Inheritance Tax position with HMRC;
• Prepare final Estate Accounts;
• Distribute the estate to the beneficiaries.

Probate FAQs

Further Information and Price Guide

Additional information on the probate process and costs involved.