Specialist Probate Services

We make a difficult process as quick and straightforward as possible, giving your family the space and time you need

WHAT’S INCLUDED IN OUR PROBATE SERVICES?

• Fixed fee advice and help with all aspects of estate administration; such as estate valuation, selling property, accessing old pension, tax returns and insurance policies

• Dealing with all Inland Revenue and Inheritance Tax issues

• Setting up Trusts to protect loved ones and future generations

• Settling debts and distributing all assets in accordance with the Will

• Applying for grant of probate and keeping accurate records for 10 years afterwards

• We only use our solicitors when necessary to help keep costs low

• Freedom from the anxiety of administering a loved one’s estate accounts after their death

Using our seasoned probate specialists will result in a faster more efficient resolution and can often result in a larger portion of the deceased’s estate being distributed to loved ones.

WHAT IS PROBATE?

Probate is a legal process that occurs after someone passes away to administer their estate and distribute their assets to beneficiaries or heirs.

The primary goal of probate is to ensure that the deceased person's debts, taxes, and other obligations are settled, and that the remaining assets are distributed according to their wishes (if there is a valid will) or according to the laws of intestacy (if there is no will).

HOW MUCH DO PROBATE SERVICES COST?

The Law Society provides a pricing structure based on percentages and the solicitors hourly rate. Often, probate practitioner and solicitor will offer a set fee.

You’ll need to present a valid Will to the probate service provider so they can estimate what work is required and then a fee can be negotiated.

We offer fixed fee advice and help with all aspects of estate administration; such as estate valuation, selling property, accessing old pension, tax returns and insurance policies.

HOW LONG DOES PROBATE TAKE?

Depending on the complexity of the estate administration, the average probate case in the UK takes between 6 and 9 months. If the Court becomes involved this could be considerably longer.

If the deceased’s estate includes property or foreign assets that need to be sold this will also extend the timescales. Foreign assets are notoriously time consuming to administer, as are business assets.

WHY DOES THE WHOLE PROCESS TAKE SO LONG?

There are 3 significant stages to the average probate case, but estate administration can take a long time if there are added complexities.

A standard probate case can be dealt with by a probate specialist as swiftly as 3 months, but the longest we have known is 4 years.

HOW DO I DO PROBATE MYSELF?

The HMRC provide detailed information on their website in relation to their tax forms, and the probate registry will oversee the administration of the estate.

However, proceed with caution if inheritance tax is involved as fines are applicable for incorrect applications.

For extra peace of mind, you should also be aware that beneficiaries often require regular updates and can exercise their rights with a great deal of pressure.

HOW DOES PROBATE IN THE UK WORK?

Probate applications need to be made via the local probate registry to the executor. HMRC are a core element to probate in the UK.

The process to apply for probate in the UK involves several steps:

Determine if probate is necessary

Not all estates require probate - if the deceased person's assets are jointly owned or fall under certain thresholds, probate might not be necessary.

However, if the estate includes property, substantial savings, or other valuable assets, probate is usually required.

Gather necessary legal documents

Before applying for probate, gather all relevant documents, including the original will (if there is one), death certificate, details of assets and liabilities, bank statements, property deeds, and any other relevant paperwork.

Complete the appropriate probate application form

In the UK, you can apply for probate online through the government's Probate Service website or by using a paper form.

Estate valuation

You will need to calculate the value of the deceased person's estate, including all assets and debts.

This valuation will help determine whether inheritance tax is due and how much.

You can use the online IHT checker to get these values.

Pay any inheritance tax due

If the estate's value exceeds the inheritance tax threshold, you will need to pay any applicable inheritance tax before obtaining the grant of probate.

Swear an oath

If you apply for probate yourself, you will need to swear an oath in front of a solicitor or another authorized person.

This oath confirms the accuracy of the information provided in your probate application.

Submit the application

If applying online, submit your application through the Probate Service website. If using a paper form, send the completed application to the Probate Registry.

Await the grant of probate

The Probate Registry will review your application. If everything is in order, they will issue a grant of probate (or grant of representation) to you.

This legal document confirms your entitlement to estate administration.

Administer the estate

Once you receive the grant of probate, you can proceed with the administration of the estate. This involves collecting assets, settling debts, and distributing the estate according to the will or the laws of intestacy.

Finalize the process

Prepare final accounts, distribute assets to beneficiaries, and close the estate's administration.

For full information about how to apply for probate, check out GOV.UK.

It's essential to keep in mind that probate can be a complex legal process, and if you are unsure or need assistance, it's recommended to seek guidance from a solicitor or a professional probate service.

Using our experienced probate practitioners will result in a faster more efficient resolution and can often result in a larger portion of the estate being distributed to loved ones.

ARE PROBATE FEES TAX DEDUCTIBLE?

The value of the Estate that is being administered is established on the date of death, therefore the probate fees occur following the death of the testator.

The probate fees are deducted from the estate before distribution according to the Will.

WHAT IS INCLUDED IN PROBATE SERVICES?

Every probate case is different and if you appoint a professional to administer the Estate, you will negotiate their role and how far it extends.

This can include selling property and assets abroad, cashing in shares and liaising with financial advisers.

We offer fixed fee advice and help with all aspects of estate administration; such as estate valuation, selling property, accessing old pension, tax returns and insurance policies.

HOW WILL PROBATE EFFECT OUR FAMILY PROPERTY?

The ownership of the property involved in the estate will ultimately transfer from the name of the deceased into either the names of the beneficiaries or the trust.

Beneficiaries can decide whether they inherit the property or request that it is sold.

WHAT TO DO ABOUT PROBATE WHEN THERE IS NO WILL

The Intestacy process can be difficult for the family of the deceased. You will need to take legal advice as to the intestacy laws and how they apply.

Letters of administration must be applied for rather than the usual route of a Grant of Probate.

This is best avoided at all costs, and many people will find themselves preparing a Will after an intestate case because the whole process is so challenging.

WHEN DOES PROBATE APPLY?

The term probate is a general term for the process that is gone through after somebody dies.

The Grant of Probate (or letters of administration) are required if a property needs to be sold or put into trust, also any asset provider is entitled to request for sight of the Grant of Probate before they release the funds to the executor for distribution.

The larger the estate the more likely that Grant of Probate will be required.

WHO CAN DO PROBATE?

The executor is liable for the entire estate immediately on the passing of the testator.

It is the executor’s responsibility to take possession of the assets and to prove the Will once the Grant of Probate is provided to the executor they must follow the terms of the Will to distribute the estate.

WHAT IS A GRANT OF PROBATE?

In the UK, a Grant of Probate is a legal document issued by the Probate Registry or a district probate registry.

It confirms the authority of the executor (or executors) named in a deceased person's will to administer their estate.

The estate typically includes assets such as property, money, and possessions.

DOES THE PROBATE PROCESS CHANGE ACROSS THE UK (ENGLAND, WALES, SCOTLAND AND NORTHERN IRELAND)?

Yes, there are some differences in the probate process across the different countries within the United Kingdom (England, Wales, Scotland, and Northern Ireland).

Each country has its own legal system and rules regarding probate and estate administration. Here are some of the key differences:

Terminology

In England and Wales, the legal process is commonly referred to as "probate" or "grant of probate" when there is a will, and "letters of administration" when there is no will.

In Scotland, the equivalent process is known as "confirmation" when there is a will and "letters of administration" when there is no will.

In Northern Ireland, it is called "grant of probate" when there is a will and "grant of letters of administration" when there is no will.

Inheritance Tax

Each country has its own inheritance tax rules and thresholds. The rates and exemptions for inheritance tax differ between England and Wales, Scotland, and Northern Ireland.

Intestacy laws

When someone dies without a valid will, the laws governing the distribution of their estate vary between the countries.

These laws, known as intestacy laws, determine who inherits the estate and in what proportions.

Probate registries

Each country has its own probate registry or court responsible for processing probate applications. In England and Wales, there is a central Probate Registry and several district registries. In Scotland, the Commissary Office and Sheriff Courts handle the probate process. In Northern Ireland, probate is granted by the Probate Office of the High Court.

Probate fees

The fees associated with obtaining probate or confirmation also differ across the UK. The fee structures and applicable charges are set by the respective governments.

Legal system

Scotland has its own legal system based on Scots law, which differs from the legal systems of England, Wales, and Northern Ireland, which are based on English law.

It's important to be aware of these differences and consult the appropriate resources or seek legal advice specific to the country where the deceased person resided and where their assets are located.

If you are dealing with a probate matter in any of these countries, it is advisable to consult a solicitor or a legal professional with expertise in that jurisdiction to ensure compliance with the relevant laws and regulations.

Other Inheritance Services

Besides probate services, we offer a comprehensive range of legal services to cater to various needs and concerns.

Our additional services include:

• Will writing: Our experienced solicitors can assist you in creating a legally sound and comprehensive will that reflects your wishes and ensures the smooth distribution of your assets.

• Power of attorney: We can guide you through the process of setting up a power of attorney, granting a trusted individual the authority to make decisions on your behalf in case you become incapacitated.

• Trust creation: Hillman Legal Partnerships specialises in establishing trusts to protect your assets, manage wealth, and provide for your loved ones' future financial security.

• Inheritance tax services: Our team can provide expert advice on inheritance tax planning, helping you minimize tax liabilities and optimize the transfer of wealth to your beneficiaries by looking into any reliefs you may be entitled to.

• Will storage: We understand the importance of safeguarding your will. Hillman Legal Partnerships offers secure will storage services to ensure your documents are protected and easily accessible when needed.

For a full list of our accreditations, have a look at our about page.

Frequently Asked Questions about Probate

How long does probate take?

Depending on the complexity of the administration, the average probate case takes between 6 and 9 months. If the Court becomes involved this could be considerably longer.

If property or foreign assets need to be sold this will also extend the timescales. Foreign assets are notoriously time consuming to administer, as are business assets.

How does probate in the UK work?

Applications for probate need to be made via the local probate registry to the executor. HMRC are a core element to probate in the UK.

Are probate fees tax deductible?

The value of the Estate that is being administered is established on the date of death, therefore the probate fees occur following the death of the testator.

The probate fees are deducted from the estate before distribution according to the Will.