There’s always so much to do when someone dies like arranging the funeral, registering the death, dealing with HMRC and completing the Probate process.
Managing all of these things whilst you’re dealing with your loss can be hard.
We offer 2 Probate services - a Full Probate Service and a Grant of Probate Application Only Service.
With our Grant of Probate Application Only Service, our specialist Probate Solicitors will help you get the Grant of Probate. We’ll prepare the paperwork and apply for the Grant of Probate.
Once it’s issued, we’ll send it to you so you can complete the administration of the Estate.
Do I Need a Grant of Probate?
When someone dies and you’ve been named as an Executor in a Will, you may need to get a Grant of Probate. A Grant is a legal document issued by the Probate Registry which confirms you have the legal right to administer the Estate.
If the Estate has a property or is valued at more than £5,000 you’ll usually need to get a Grant of Probate.
Once you have the Grant, the administrative work to finalise the Estate is known as Probate.
What if There’s no Will?
If the person who died didn’t leave a Will, you’ll follow a slightly different process. The Rules of Intestacy decide who will be the Administrator of the Estate and will also decide who inherits from the Estate.
Instead of a Grant of Probate, you’ll need to apply for a Grant of Letters of Administration.
We can apply for the Grant of Letters of Administration for you.
Why Use a Probate Solicitor?
When a Probate Solicitor applies, you'll pay less in Court Fees
You'll benefit from the expertise of our Probate Solicitors so the process should be quicker
There won't be any mistakes on the application, which would delay the process
What does the Grant of Probate service include?
Our Probate Solicitors can help you to complete the Grant of Probate process. Our Fixed Fee Grant of Probate Service includes:
- Identification of the legally appointed Executors or Administrators
- Identification of the beneficiaries
- Getting a copy of the Will, if there is one, and making sure it’s valid
- Identification of which type of Grant of Representation you need - a Grant of Probate if there’s a Will or a Grant of Letters of Administration if not
- Completion of the application form for the Grant
- Completion of the Inheritance Tax forms
- Finalising the Grant application and submitting it to the Probate Registry
- Getting the Grant back from the Probate Registry and sending you 2 copies
What’s Not included in the Fixed Fee?
There are some additional Probate fees for you to factor in. These are called disbursements and include:
- £155 Probate Registry Court Fee
- £95.50 to enter a Trustee Act Notice in the London Gazette
- Around £300 to put a Trustee Act Notice in a local newspaper
You can rely on the expertise of a Probate Solicitor to make sure the Grant of Probate application is done right first time.
How Much Does a Grant of Probate Cost?
Our Fixed Fee Grant of Probate application service costs just £1,800 (VAT included) when no Inheritance Tax is payable and £3,000 (VAT included) where Inheritance Tax is payable.
The same fees apply to Estates where there is no valid Will and you want us to apply for a Grant of Letters of Administration.
Please note that our Probate Solicitor fees include VAT – most other law firms don’t.
How Long Does a Grant of Probate Application Take?
It takes around 4 to 6 weeks to get the Grant of Probate once it has been submitted to the Probate Registry by us. We can prepare the Grant application in as little as a week or so, once you have all the information we need.
There are a number of factors which could affect this timescale, but we’ll talk those through with you and agree timescale with you at the start of the Grant application.
Is this the right service for me?
This service is for initial stages of Probate only.
It does not include the Full Probate Service and Administration of the Estate.
If you want to complete the Estate Administration process yourself, but need some help getting the Grant of Probate, this service is the right one for you.
If you do find that the Estate Administration process is too much for you once you get started, don’t worry. We can still help you.
What is the Probate Process?
We’ve briefly explained the Probate process in 6 steps below.
If you instruct us to get the Grant of Probate, we will complete Step 4 below for you. You’ll complete the other steps yourself.
Step 1 – Register the Death
You will need to register the death, which must be done within 5 days in England and Wales, to get a death certificate. You will need multiple copies, so it is a good idea to get them at this point to save time later.
You can use the Tell Us Once service to let all UK government departments about the death as soon as you’ve registered it.
Step 2 – Value the Estate
You’ll need to understand how much the Estate is worth to know if any inheritance Tax is payable. This includes valuing any property, money, investments and belongings.
Step 3 – Pay any debts and collect any money owed to the Estate
Once you know if there are any debts or money owed to the Estate, you’ll have to pay any final bills and get any refunds due.
Step 4 – Apply for the Grant of Probate
Prepare the application and apply to the Probate Registry to get the Grant of Probate. You’ll need to include the original Will – not a photocopy.
Step 5 – Pay Inheritance Tax, if there’s any due
You must confirm the tax position, complete the right Inheritance Tax form, calculate the right amount of Inheritance Tax and pay it to HMRC before distributing anything in the Estate.
Step 6 – Distribute the Estate
This is the final part of the process. The Estate is distributed as outlined in the Will to any beneficiary named by the person who died in their Will.
For free legal advice call our Probate Solicitors
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.