Probate

Probate is the legal and financial process of dealing with the property, money, and possessions of a person who has died.

All you need to know about Probate

What is Probate?

Probate definition: in England and Wales probate is the word normally used to describe the legal and financial processes involved in dealing with the property, money and possessions (called the assets) of a person who has died.

Probate is the process of 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

taking the stress out of probate

As an experienced Probate Solicitor, Oliver will let you know what information will be required for the application.

Upon receipt of this information, he will then liaise with HMRC and the Probate Registry on your behalf, prepare the required inheritance tax return, together with the application for the grant for approval.

Once this process is complete you can then start to deal with the deceased person’s assets in accordance with their Will.

Probate Solicitor

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Solicitors in the UK are required by the Solicitors Regulation Authority (SRA) to provide pricing information to potential clients in relation to certain types of work, including Probate.

If it is necessary to obtain a Grant of Probate or a Grant of Letters of Administration then we can assist in the following circumstances:

There is a valid will
The Executors referred to in the Will can act and there is no requirement for Deeds of Renunciation to be executed
There is one property in the sole name of the deceased person
There are no more than 3 bank or building society accounts
There are no other assets
There are no claims against the Estate and no disputes between beneficiaries on the division of the assets. If disputes arise this is liekly to lead to an increase in the costs and separate advice may be necessary for the Executors.
There are no more than 2 pecuniary legacies in the Will, no more than 3 residuary beneficiaries and the whereabouts of all beneficiaries are known
The beneficiaries all have UK bank accounts and are individuals or Charities registered in the UK

Need some help with the legal jargon?! Click here for our helpful guide

Our Prices

Disbursements

During Probate various fees may be payable on your behalf (known as disbursements) to other organisations as part of the process. These would include:

There may be professional valuation fees – for chattels and property – but these will vary depending on the value of the estate.

Probate Registry fee (for issuing the Grant) £155.00 (No VAT) plus £1.50 for each Court sealed copy.

Commissioner’s fee £5.00 per Applicant (no VAT) Plus £2.00 per exhibit (no VAT).

Unclaimed Assets Register Search fee £25 (including VAT).

Bankruptcy Searches against each beneficiary prior to a payment being made to them £2.40 per name searched (including VAT).

Statutory Advertisements (based on adverts being placed in the London Gazette and one local paper) £180 – £264 (including VAT).

Office copy entries £3.60 per property (including VAT).

Certainty Will search (if required) £114 (including VAT).

The timeframe for assisting you with Grant of Probate and Letters of Administration outlined in this illustration will depend on a number of factors. We will be in close contact with HM Revenue & Customs, HM Courts & Tribunals Service and all of the financial institutions relevant to the Estate to progress matters as quickly as possible. Obtaining the Grant typically takes at least XX months, depending upon the assets involved.

Oliver Saxon will handle all matters relating to your Grant of Probate. You can find out more about Oliver here.