Probate

What is probate?

Probate is the overall legal term used, after someone has died, where his or her estate (assets and debts) is administered, assets are distributed to beneficiaries and debts and any taxes are paid. In simple terms, someone needs to have the legal power and authority to deal with the deceased’s legal affairs and carry out the deceased’s wishes.

Where a will has been left, executors are normally named to fulfil this role. In order for executors to be able to complete the legal processes needed, they will need to apply for a grant of probate and in some cases, need to pay Inheritance tax out of the estate.

The main steps typically include:

Checking there is a will, that it’s valid and is the latest will
Thoroughly investigating all assets and liabilities of the deceased
Including business assets and any assets abroad
Where appropriate and requested by beneficiaries, advising on and drafting a deed of variation for a will
Applying for a Grant of Probate or Grant of Representation (Letters of Administration)
Dealing with the sale of a property, assets and shares
Paying debts of the deceased
Paying any Inheritance tax
Preparing probate accounts and information for beneficiaries
Distributing the deceased’s assets from the estate to the beneficiaries

Our specialist probate experts offer experienced, flexible, and cost-effective advice on all aspects of probate, including:

Executor Support: Guidance on executor duties, the probate process, help with probate applications, and managing HMRC and beneficiary interactions.
Beneficiary Representation: Assisting beneficiaries with concerns about the will, executor actions, or creating a Deed of Variation for the Will.
Probate Valuation: Expert assistance with the valuation of estate assets for probate purposes.
Estate Investigation: Helping to identify and investigate the assets and liabilities of the estate.
Complex Estates: Managing estates with international assets or business interests, such as family or corporate shares.
Probate Disputes: Handling legal disputes related to probate or wills.

Our team is here to make the process as smooth as possible, no matter how complex.

FAQs

What happens if someone dies without a will?

If someone dies without a will, they are said to have died “intestate.” The estate is distributed according to intestacy rules, which dictate who inherits, usually starting with the closest relatives. An administrator, instead of an executor, is appointed to manage the estate.

How long does the probate process take?

The probate process can vary in length depending on the complexity of the estate, whether there are disputes, and the speed at which assets are identified and debts settled. On average, probate takes between 6 to 12 months.

Who is responsible for handling probate?

If there is a will, the person named as the executor is responsible for probate. If there is no will, an administrator (usually a close relative) is appointed by the court to manage the estate.

How much does probate cost?

The cost of probate depends on the size and complexity of the estate, as well as whether you hire legal professionals. There are also court fees associated with applying for probate, and professional fees if solicitors or probate lawyers are involved.

What is a grant of probate?

A grant of probate is a legal document issued by the court, confirming the executor’s authority to deal with the estate. It is often required by banks, financial institutions, and other organizations before they release the deceased’s assets.

Can you do probate?

Yes, we are licensed and authorized by the ICAEW (Institute of Chartered Accountants in England and Wales) and also affiliated with STEP (Society of Trust and Estate Practitioners).

If you’ve recently lost someone and are seeking initial guidance and advice, we encourage you to download our free Probate Guide. This guide is designed to provide essential information and support during this challenging time. We hope it helps you navigate the process and find the clarity you need.