What is Probate?
Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die. The Probate process involves proving that a will is valid (if there is one) and confirming who has authority to administer the estate of the person who has died. Before the next of kin or executor named in the will can claim, transfer, sell or distribute any of the deceased’s assets they might have to apply for a grant of probate.
A grant of probate is a legal document that’s sometimes needed to access bank accounts, sell assets and settle debts after someone has died.
This document is only called a grant of probate if the person left a will. If they didn’t leave a will, a grant of letters of administration is used instead. Both documents work in much the same way, giving a named person legal authority to deal with the estate of the person who died.
Timescales
Every case is different, and the exact amount of time will depend on the size and complexity of the estate. In general, the whole probate process can take anywhere between six to twelve months. We discuss timescales below depending on the work required.
Grant of Probate - Fixed Fee
We can obtain the Grant of Probate on your behalf based on a fixed legal fee provided that the following applies:-
- There is a valid will
- There is no more than one property and the estate does not exceed £325,000.00
- There are no other intangible assets
- There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
- There are no claims made against the estate and no inheritance tax payable and the executors do not need to submit a full account to HMRC.
It is very difficult for us to provide an accurate indication of how much time will be required to deal with a “typical” probate instruction. However, this work can be undertaken on the basis of a fixed fee. The range of fixed fees we charge usually fall between £750 (plus VAT) and £1,500 (plus VAT).
Possible Disbursements: (Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.)
- Probate application fee of £155 plus £1.50 per copy
- Bankruptcy-only Land Charges Department searches (£2.90 per beneficiary)
- Land Registry Official Copy £7.80
- £69.50 plus VAT Post in The London Gazette – protects against unexpected claims from unknown creditors.
- £300 – £350 plus VAT Post in a Local Newspaper – This also helps to protect against unexpected claims.
NOTE: VAT charged at 20% – Disbursements exclusive of VAT unless stated.
Applying for a Grant of Probate
- 4 – 12 weeks
Generally speaking, it should take between four weeks and three months to apply for a grant of probate. The amount of time it might take for you depends on a number of factors, including whether there is an inventory present within the will or how well you understand the estate.
This time is dependent on the executors beginning their role and getting all the documentation ready. This may depend on how much time they can actually give to the process, or if they are still grieving and simply haven’t got round to it yet.
Administration of an Estate
We also have specialists to deal with the administration of the estate and dealing with the deceased’s assets, relieving you of the anxiety of doing it yourself at a time when you may need help the most. Administering the estate is a complex process and can be testing. Depending on the size of the deceased’s estate, there can be numerous bank and savings accounts, shares and bonds, property and possessions to close and administer according to the will.
The executor is always held legally responsible for administering all these correctly and making sure everyone gets what they are entitled to. If there is no will in place, following the laws of intestacy (when a person dies without a will) can be even more complicated. That’s why many people choose to appoint a solicitor to act on their behalf.
A breakdown of the work we will do for you would include:
• Identify the legally appointed executors or administrators and beneficiaries and establish the extent of the estate by identifying the various assets and liabilities;
• Prepare the Probate Application and have it sworn by the executor(s) and submitted to the appropriate Probate Registry together with the Will, if there is one;
• Once the Grant is received from the Probate Registry it is submitted to the various organisations with whom assets are held in order to start the process of transferring the assets into the beneficiaries’ names;
• All estate liabilities have to be paid before the estate can be distributed among the beneficiaries;
• Confirming that tax is paid up to date and there are no outstanding HMRC claims;
• Preparation of the Estate accounts and distribution of the estate in accordance with the terms of the Will.
The costs of this type of work would vary significantly and would be considered on its own merit, and dependant upon the assets that need to be dealt with and the complexity.
On a matter where there is:
• a valid will
• no more than one property and the value of the estate doesn’t exceed £325,000
• no more than 5 bank or building society accounts
• no other intangible assets
• no more than 4 beneficiaries
• no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
• no claims made against the estate and no inheritance tax payable and the executors do not need to submit a full account to HMRC
• the estate does not include:
A business, farms, farmhouses or farmland, an interest in another estate, loans or mortgages payable to the deceased, foreign assets, assets held in trust, national Heritage assets or unlisted stocks and shares and control holdings.
When you instruct us we will send a letter to you setting out the basis we will send a letter to you setting out the basis upon which we will charge our fees. There may also be disbursements as discussed above.
Do you need help with a legal matter and require more information?
Do not hesitate to contact us today, so we can talk you through the next steps and what it is we require to get your matter underway.
