Probate Solicitors

‘Probate’ is the common name used for the Court Order which recognises the authority of the person who is responsible for dealing with another’s property, money and possessions (their 'estate') when they die.

On average, the whole probate process can take in the region of 12 months.

If you are the person responsible for dealing with another person’s estate, you will likely be unable to sell property, or cash in valuable assets without first obtaining ‘probate’.

You can apply for probate yourself.  Most applications need to be made online but some more unusual circumstances require a paper application by post.  It can often be reassuring to get expert advice from probate specialists, especially if you are unfamiliar with preparing inheritance tax returns or if the estate is classed as complicated and needs to be made via post. You should particularly consider legal advice if the terms of the Will are unclear or you think there might be a challenge.

• A copy of the deceased death certificate.
• The original last Will (if applicable)
• Either an online or paper Probate application form
• Many estates have to file inheritance tax returns
• Often you have to send supporting evidence to HM Revenue & Customs when sending the tax return. This might include property or business valuations

Financial institutions set their own internal limit for when they will release funds or assets without Probate.  Some insist on Probate for anything over £2,000, others up to £50,000.  It is best to contact each one and ask its requirements.  You will also need probate if the estate becomes liable to pay inheritance tax.

There are different ways solicitors might charge for assisting with Probate. Some charge based on the time spent doing work, some charge a percentage of the value of the estate and some charge a combination of both.

Paying a percentage of the estate value can often be more expensive, particularly if there is a property. Generally speaking, paying strictly on the basis of the time spent doing the work is the more cost effective option for the estate.

Mullis & Peake only charges for the actual work done and does not take a share of the estate. The fees usually start at £2,000 plus VAT at 20% and expenses.

Our regulators require us to provide pricing information on our website for some of the areas of work that we undertake, we therefore set out pricing for these areas, as well as those areas of work that we undertake on a fixed fee basis here. For a quotation on fees on the other areas of work we cover, you will need to contact the teams directly to discuss your circumstances.

A grant of probate will not be needed where the deceased owned assets in joint names as the joint party already has authority to deal with the asset.

Sometimes, probate can also be avoided if the person who died only owned a small amount of money and didn’t have a property to sell or transfer.

Only certain people can apply for probate. If the deceased made a Will, the person named in the Will as Executor can apply. If there is no Will, the law sets out a default set of rules, known as the intestacy rules, of people who can apply in priority order. It usually starts with the closest blood relative. These rules would also apply if all Executors named in a will have pre-deceased or are unable to act (for example due to mental incapacity).

An executor is the person who's responsible for looking after the financial affairs of the deceased. In terms of how many executives you can appoint, you can appoint as many as you wish. However, it's important to bear in mind that only four executors can apply for the grant of probate to be taken out in their names.

Yes, you can appoint a professional executor, however, do bear in mind they usually charge a fee for carrying out that role and that fee would be paid out of the funds in the estate.

There are things that you can do to reduce or possibly even completely eliminate the amount of inheritance tax that you pay. The best thing to do is to get expert advice during your lifetime. Now, an estate planner can help you plan your affairs and your money in a tax efficient way to make sure that when eventually the time comes and you pass on, your loved ones pay as little or hopefully no tax whatsoever. Now, if you haven't done the tax planning in your lifetime it can still be possible to manage your affairs and apply certain reliefs after you have passed away to again help reduce or eliminate the tax completely. But again, we would say because it is a complex area if the best thing to do is always seek expert advice from someone who knows all about inheritance tax.

Whether you have a Probate claim, i.e. whether you can apply for the grant and also inherit from the estate, is dependent on your relationship to the deceased. If the deceased has not left a valid Will, a Will, of course, outlines who the executives of this state are and who benefits from the estate, then the rules of intestacy will apply. This may mean that certain people may benefit from the estate that the deceased did not want to. This is why having a Will drafted to reflect your wishes is so important. Where there is an intestate estate, the order of entitlement determines who is entitled to apply for the grant of letters of administration and also who will inherit from the estate.

There is no time limit for probate to be claimed, but you do need to be aware that there are time limits for claiming certain tax reliefs. So if you were looking to reduce your tax liability, there might be some time limits for that and also if you needed to change how the wealth is distributed and shared about, there are time limits for doing that as well.

The rules of intestacy would apply in this scenario, as the deceased has died intestate, which means with no valid Will. The intestacy rules only apply to property that the deceased was able to dispose of by their Will if they had held a valid Will. It does not extend to property held as joint tenants or under interest under a trust. It is important to seek legal advice on who would inherit the estate, as particularly in this scenario, it is dependent on numerous factors, including, but not limited to, the estate value and the date of death.