Probate legal advice
There may be very complex issues with an estate, such as Inheritance Tax, Inheritance Act claims and investments therefore it is always recommended to get expert advice on the contents of the Will and the estate.
Some estates do not need a Grant of Probate and this could be in situations where there are joint assets such as bank accounts or property where it is held in joint names and therefore automatically passes to the survivor or when the estate is of low value.
Once the Grant of Probate has been obtained the executor or personal representative can then present this document to the relevant financial institutions to collect in the assets of the deceased. You will also need to send this to the Land Registry to complete a sale or transfer of a property.
Grant of Probate FAQs
How do I obtain a Grant of Probate?
To obtain a Grant of Probate, you'll need to apply to the Probate Registry, providing a death certificate and the original will. You may also need to pay an application fee and complete an inheritance tax return if applicable.
You can employ the services of a solicitor to assist with obtaining a Grant of Probate or you can do it yourself through the government website.
How much is it to obtain grant of probate?
Solicitor’s costs depend on the complexity of the estate, however, to obtain a Grant of Probate there is a fee payable to the Probate Registry of £300 plus £1.50 for each copy of the grant. The fee is not payable for estates valued at £5,000 or less.
Does the cost of grant of probate come out of the estate?
Yes, the cost of obtaining a Grant of Probate can be paid from the assets of the deceased person's estate. This means that the cost of the application, including any fees for legal or professional assistance, will be deducted from the estate before it is distributed to beneficiaries.
How long will it take to obtain a grant of probate?
The time it takes to obtain a Grant of Probate can vary depending on various factors such as the complexity of the estate and whether there are any disputes or legal issues that need to be resolved. On average, it can take between 3-6 months to obtain a Grant of Probate, but in some cases, it can take longer. It's important to seek legal advice from probate lawyers and other professionals to ensure that the process is completed as efficiently and effectively as possible.
Do I need a solicitor to obtain a Grant of Probate?
No, you do not need a solicitor in every instance, and you may wish to obtain a Grant of Probate yourself, however, it is always important to remember that if the estate is not administered correctly or there are any mistakes with the initial application then the executor can be personally liable.
Why do you need a Grant of Probate?
You need a Grant of Probate to legally administer a deceased person's estate, including gathering and distributing assets, paying debts and taxes, and fulfilling any other obligations specified in the will. The Grant of Probate gives the executor named in the will the legal authority to carry out these tasks.
How to apply for a Grant of Probate?
To apply for a Grant of Probate, you'll need to complete an application form, submit a death certificate and the original will, and pay an application fee. You may also need to complete an inheritance tax return and provide additional information about the deceased person's assets and liabilities.
What happens when a Grant of Probate is issued?
When a Grant of Probate is issued, the executor named in the will is given legal authority to administer the estate, including gathering and distributing assets, paying debts and taxes, and fulfilling any other obligations specified in the will. The executor is responsible for carrying out these tasks in accordance with the deceased person's wishes and in compliance with the law.
When do you need a Grant of Probate?
You typically need a Grant of Probate if the deceased person owned assets solely in their name or as tenants in common, and if the total value of the estate is above a certain threshold. The threshold is currently £50,000 in England and Wales, although it can vary in Scotland and Northern Ireland.
What is the difference between probate and Grant of Probate?
Probate is the legal process of administering a deceased person's estate, including gathering and distributing their assets. A Grant of Probate is a legal document issued by the Probate Registry that gives the executor of the estate the legal authority to handle these tasks.
Further information
The advice provided to non-face to face clients will be through electronic or written communication only e.g. by telephone and email. Stephensons Solicitors LLP assumes no responsibility for, and shall not be liable for, (a) verification of mental capacity or testamentary capacity (b) verification of any undue influence or duress involved (c) the execution of any documents.
