Probate
When somebody close to us sadly dies it can be a very stressful and difficult time. Our specialised Probate team are here to advise you where to start and help you through the Probate process.
Probate Services
Probate is the whole process of administering an estate when someone dies. In simple terms this involves organising their money, their assets and all liabilities and outstanding debts. Probate also refers to getting permission to carry out the wishes within someones Will.
If there is a Will in place for the deceased, a person will be named, known as the executor and will follow the wishes stated by the deceased. Probate is needed before any administration of the deceased’s estate can start.
How does Probate work?
Probate is the legal right to deal with someone's property, money and possessions (their 'estate') when they die.
The executor(s) named in a person's Will, is responsible for Probate. An executor(s) is usually a family member or friend. However, some people appoint professional executors to carry out the process on their behalf. Even if you have appointed family members or friends, they can get professional help if needed. By delegating some or all of the work associated with Probate to an experienced and qualified probate provider.
To apply for Probate, the executor that is appointed under the Will has to value the entire estate and apply to the Courts to obtain the Grant.
What is the Probate Process?
Probate takes at least a few months to complete. In most cases, the entire Probate administration process will take around 12 to 18 months. The Probate process involves three main stages:
Apply for a Grant of Probate
You need to complete the application for a Grant of Probate, the legal document giving you authority to deal with the estate. This involves collecting in current values of all assets and liabilities and notifying a number of organisations. Once you have gathered all the necessary information you can apply for the Grant. Extensive guidance notes are available on the government website.
Executors are personally responsible and financially liable for any errors or omissions in completing the application. In addition they are also responsible for any subsequent tax returns for Income Tax and Inheritance Tax. Most importantly, any paperwork must be completed accurately and correctly.
Dealing with financial responsibilities
Once the Grant of Probate has been issued, you will need to:
Collect any assets
Complete tax returns and pay any relevant taxes
Pay any debts remaining on the estate
Other beneficiaries who are waiting for their inheritances will need to be kept advised. Any work should be done quickly, efficiently and professionally. Non-professional executors can charge for out-of-pocket expenses but normally there is no provision for any fees to be paid.
Paying the beneficiaries
Once all the deceased’s debts and tax liabilities are paid, a full set of estate accounts is prepared. You can then distribute the estate to the beneficiaries in accordance with the terms of the deceased’s Will. This includes setting up any relevant trust arrangement, either at Land Registry or through a trustee bank account or trustee investment.
Alternatively, you may ask a professional to do some or all of the work for you, for a fixed fee. This way you know you won’t have to pay any more than the fee quoted. Avoid open-ended ‘time fees’ as these are based on hourly rates, typically ranging from £200 to £400 per hour. There will be no limit on the amount of time charged.
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