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Probate is a word used to describe the process involved in dealing with the property, money and possessions of a person who has died.
When is Grant of Probate required
If the person left a will, then the Executors of the will are the people responsible for ascertaining what someone has when they die and should contact each company that hold assets to find out whether or not a Grant of Probate is required to close that account or obtain the asset. If Probate is required, they will need to apply to the Probate Registry who will issue a ‘Grant of Probate’.
If the person did not leave a will and died intestate, then an “Administrator” will deal with the administration of the estate instead. There is a specific order of priority setting out the people who will inherit an estate where there is no will, and the Administrator will normally be one of those people. The application process is the same as if there is a will, however the Probate Registry will issue ‘Letters of Administration’ instead. This grants the same authority as a ‘Grant of Probate’.
The Probate process
The Probate process often involves a lot of complex legal and financial work, especially regarding the valuing of assets and inheritance tax. Our specialist probate team at David Gray Solicitors can help and take over the Probate process from start to finish, dealing with all administration matters and also HMRC and the payment of Inheritance Tax. Alternatively, if you only require a grant to be able to deal with the sale of a property or deal with a straightforward estate, we also offer a ‘grant only’ service where we assist with all steps required up to and including obtaining the grant at which point we would provide this to Executors/Administrators to gather in the assets and distribute the estate themselves.
Our Fees
You can find full details of our costs on Our Probate Fees page.
Contact us
If you have any enquiries or wish to arrange an appointment, please call Hayley Baker on 0191 243 8167. We offer appointments at both of our offices:
Newcastle:
56 Westgate Road, Newcastle Upon Tyne, NE1 5XU
South Shields:
142 Fowler Street, South Shields, Tyne & Wear, NE33 1PZ
Frequently Asked Questions
Do I need to obtain Probate?
As a general rule, if the deceased owned a house, buildings or land in their sole name then you will be required to obtain a grant before you can deal with these assets.
Banks and financial institutions have their own rules about when they require Probate to be able to close the accounts. You can contact each institution to ask whether they need Probate.
You may not need Probate if the person who died:
- had jointly owned land, property, shares or money – these will automatically pass to the surviving owners
- only had modest savings or premium bonds held in their sole name
If you are unsure if you need Probate, please do not hesitate to contact us and we will talk this through with you on a no obligation basis.
How long does Probate take?
The length of the process can vary from case to case but for straightforward applications, the likely timescales are:
- Obtaining the grant of representation – 10 to 16 weeks
- Collecting in the assets – 6 to 8 weeks
- Paying the liabilities and distributing the estate – a further 6 to 8 weeks
These timescales are based on a straightforward probate case and if there are any complicating factors, the likely timescales will be longer. Complicating factors can include:
- There’s no will
- Foreign assets
- Beneficiaries living abroad
- A property to sell
- Any disputes between executors or beneficiaries
- Inheritance Tax is payable
- Any business interests
For a grant only service, the likely timescale is between 10 and 16 weeks for a straightforward case. For estate administration service, overall, a straightforward case is likely to take between 6 and 12 months. For a more complex case, the overall timescale will depend on a number of factors but typically will take between 9 and 18 months. In the most complex cases, the timescale for fully winding up the estate may be longer but usually interim distributions would be made to beneficiaries with a modest sum retained in the estate account pending conclusion.
What’s the difference between Probate and Administration?
Both grant access to a deceased person’s estate. A Grant of Probate is issued to the Executors named in the will, whereas Letters of Administration is issued to next of kin where someone died without a Will.
Do I need to pay debts of the estate while waiting for Probate?
A solicitor dealing with probate will usually retain sufficient funds to pay taxes, costs, and expenses and can be asked to make interim payments if it is likely the estate will take some time to finalise. HMRC can be slow to finalise the tax position so it may be prudent in some cases to retain funds to pay inheritance or other taxes before making payments to beneficiaries.
How do I pay Inheritance Tax if it is due?
If Inheritance Tax is due, then usually payment can be arranged with the deceased’s banks and building societies and is paid directly to HMRC before Probate is granted. If the deceased does not have sufficient liquid assets to meet the tax bill, we can advise about other options depending on the circumstances.
Who pays solicitor's fees for Probate?
Fees for Probate solicitors’ services are paid from the estate before the beneficiaries receive their share. They are usually agreed with the Executors/Administrators at the start of the case.
How much do Probate solicitors cost?
The costs for our Probate solicitor services are outlined on our fees pages (links above). We can provide a written quote on request.
What assets are subject to probate?
Assets held in the deceased’s name, investment products, life insurance policies, foreign assets and business assets are all subject.
How much do probate solicitors cost?
The costs for our probate solicitor services are outlined on our fees pages using the links above. We can provide a written quote.
