Probate and Estate Administration Solicitors

Most estates will require a Grant before Probate can be carried out, but the type of Probate needed will depend on whether there is a valid Will following an individual's death.

If a valid Will and Probate are required, the chosen executors must apply for a Grant of Probate. Where the deceased person died without a valid Will and Probate is necessary, the closest living relative must apply for a Grant of Letters of Administration.

Our Probate solicitors can assist with applying for the Grant of Probate/Letters of Administration. With our solicitors for Probate's aid, you can be confident that the relevant information is provided and the form is accurately completed, reducing the possibility of delays.

The estate administrating process can be complex and often requires considerable time and effort to ensure everything is correctly handled. On top of grief and your general life, this can be challenging, and for this reason, seeking the assistance of a solicitor is crucial to ensure the process is efficiently carried out.

An executor or administrator will have a variety of roles, some of them complex. Our solicitors can provide specialist knowledge and skill, and expertise in a range of roles, including:

• Ensure that funeral arrangements are correctly carried out
• To calculate the estate's value and complete the account detailing the assets and liabilities that must be submitted to the Inland Revenue. This can sometimes be needed even if no Grant is required to deal with the estate
• To obtain the appropriate Grant
• To ensure that all of the deceased's assets are brought under control and where necessary, converted to cash
• To ensure that the deceased's liabilities are settled in full (including the funeral account and any Inheritance Tax liability)
• To finalise the deceased's tax affairs to the date of death with the Inland Revenue and to pay any outstanding tax or to obtain any refund that may be due to the estate. This may be necessary even if a Grant is not required to deal with the estate
• To submit details of any income received after the date of death to the Inland Revenue, to notify the Inland Revenue of the sale of such assets as properties and stocks and shares, and to pay any Income Tax and Capital Gains Tax that may be due
• To ensure that any legacies contained or referred to in the Will are either paid or distributed
• To prepare Estate Accounts showing how the amount due to the beneficiaries entitled to the remainder of the estate (known as the residuary beneficiaries) has been calculated
• To ensure that the remainder of the estate is paid to the appropriate beneficiaries
• Preparing the application and obtaining the Grant
• Selling the deceased's house at the best possible price or arranging to transfer it into a beneficiary's name
• Closing bank and building society accounts
• Obtaining monies due under life insurance policies
• Realising any sums due from pensions, National Savings Certificates, Premium Bonds, stocks, and shares or arranging a transfer, where appropriate, into a beneficiary's name
• Claiming payment of any debts owed to the deceased
• Dealing with the deceased's debts and liabilities and administrative expenses
• Resolving any disputes that may arise
• Maintaining detailed Accounts as to the capital, income, and liabilities of the estate

When a person dies, Probate is the process that follows their death, known as administrating the estate. Probate provides the executors and administrators with the legal authority to handle matters surrounding the deceased person's entire assets, from collecting assets to paying debts owed and more.

In most circumstances, even where there is a Will, Probate is required.

The deceased's used financial organisations will decide whether Probate is required. Certain banks do not require Probate unless the estate is valued over a certain amount, but this depends entirely on the bank and its requirements.

Other circumstances may affect whether Probate is required, for example:

• The deceased only had savings
• The deceased owned shares or money with others
• The deceased owned land or property with others as 'joint tenants

Only where an estate is valued under £5,000 will it officially not need a Grant of Probate/Grant of Letters of Administration. This is under the Administration of Estate (Small Payments) Act 1965.

Some banks may allow estates to be valued at more than £5,000 and still not require a Grant of Probate/Grant of Letters of Administration. To determine a financial organisation's threshold, you must contact them directly for confirmation.

While using a Probate solicitor during the process is not a legal requirement, it is wise to consider the assistance. A solicitor will be able to ensure that everything is done correctly from start to finish.

A solicitor can assist with applying for the Grant of Probate/Grant of Letters of Administration, as well as all matters involved in estate administration, whether advising and supporting clients through the process or handling matters entirely on the client's behalf.

How much a solicitor will charge for Probate depends entirely on the law firm you choose to instruct, your circumstances, and the level of support you require.

During the Probate and estate administration process, there are also additional fees to consider. These are called disbursements, such as court fees, oath fees, Probate registration fees, and more.

At Warner Goodman, we offer clients a free 30-minute initial consultation where we walk you through the Probate and estate administration process and how our experts can support you and your loved ones during this difficult time.

For straightforward matters, such as non-inheritance taxable estates, we can offer our service at a fixed fee of £950.00 plus VAT.

For more complex matters, we will charge an hourly rate based on your personal circumstances alongside the hourly rate of the solicitors assigned to your case.

For further information on our Probate and estate administration pricing, including our solicitor's hourly rates, please see our page on Probate and estate administration pricing.

Typically, a Grant of Probate or Grant of Letters of Administration will take up to eight weeks from the date the documents were received, but it can be quicker in some circumstances.

However, in some cases, they can take significantly longer, especially if additional information is required.