Probate Solicitors

Dealing with the administration of a deceased person’s estate at a time of bereavement can be stressful and emotional. We are here to offer professional advice and support to help you carry out a loved one’s wishes. Contact us or visit one of our offices for expert legal advice!

What is probate? 

Probate is the legal procedure for handling a deceased person’s estate, including their money, property, and belongings. It grants the authority to distribute the estate in line with the person’s final wishes.

Dealing with the administration of a deceased person’s estate is a challenging task, particularly during a time of bereavement. We understand the emotional and stressful nature of this process and our team of expert lawyers are here to provide professional advice and support, making sure that the deceased person’s estate is dealt with correctly, efficiently and in accordance with their wishes.

Why do you need probate? 

The Grant of Probate is a legal document granting you the authority to manage a person’s estate after their death. You may need probate for various reasons, such as:

Accessing accounts: Banks and building societies typically require probate to release funds from the deceased’s accounts.

Selling property: Probate is necessary to sell property on behalf of the estate.

Reassurance: It offers assurance and legal protection to those holding the deceased’s funds or interested in purchasing assets from the executor.

What are the benefits of probate? 

One benefit of probate is that if the deceased did not have a Last Will and Testament in place, it offers a step-by-step process whereby prescribed beneficiaries will still inherit pursuant to the Intestacy Rules. Another benefit of probate is if it gives the beneficiaries a chance to contest any creditors that they feel are wrongfully trying to collect debts from the deceased. 

What is the process of applying for probate? 

Whether a Will has been left or not, the process of applying for probate is the same. The only difference will be that without a Will, the next of kin will receive a ‘Grant of Letters of Administration’ rather than a ‘Grant of Probate’. The standard procedure comprises of the following:

1. Register the death no more than five days after it has occurred. 
2. Work out the value of the estate so that any inheritance tax can be calculated. This will need to include all assets, stocks, shares, life insurance policies, joint assets and gifts made within the last seven years. 
3. Organise paying the inheritance tax due. Even if the estate is valued under the £325,000 threshold, an inheritance tax form (IHT205) will still need to be completed. 
4. File a probate application. Download the forms from the UK government website, and send them to your local probate office, or alternatively you can fill out the form online and provide the evidence requested. You will need the death certificate, the original Will plus copies and a completed inheritance tax form.
5. Pay the probate fees, if applicable. There is a £215 fee if probate is over £5,000, anything under doesn’t incur a fee.  

When you employ the services of experienced solicitors such as Merriman Solicitors (Incorporating AB Family Law), we will manage this process for you, helping you navigate what can be quite a lengthy and stress-inducing process.  

How long does probate take? 

On average, our experience suggests that estates are concluded within 6 to 18 months. Below we’ve highlighted the main parts of the process:

• Obtaining information to apply for a Grant of Probate, this takes eight to 20 weeks.
• The Grant of Probate application usually has a processing time of between eight to 16 weeks from the point of submission to the Probate Registry.
• The process of collecting assets and paying liabilities is entirely asset specific although most assets can typically be collected in circa four to 28 weeks.
• Once all assets have been collected and all liabilities paid, final Estate Accounts will be prepared, and once concluded and approved, arrangements will be made for the distribution of assets to the beneficiaries. This final stage normally takes in the order of four to eight weeks.

These timescales are on the basis that:

• There is a valid Will and appointment of Executors;
• There is no claim brought against the Estate;
• Where there is a property to sell it sells within an average time scale;
• The third parties with whom the deceased dealt, correspond within a reasonable timeframe.

How can Merriman Solicitors help? 

Our experienced team at Merriman Solicitors are here to support you and provide the necessary legal advice to guide you through the probate process. Whether you have any initial questions or would like to book a meeting with one of our probate solicitors, we are happy to help. Get in touch with us on 01672 515846, visit one of our offices or fill in our online contact form. 

How we charge

Where we are instructed to manage and process an estate administration to completion, our charge is based on a fixed fee of 1.95% plus VAT of the total gross value of the Estate. For example, if the Estate has a value of £350,000, our fee would be £6,825 plus VAT (£1,365). We offer an initial meeting charged at £250 plus VAT (£50) for up to an hour to discuss the Probate process and your requirements. This charge would be waived if we are instructed to act and our fixed fee above is charged. Some of the key aspects this service would offer are: 

• Valuing the estate and ascertaining date of death assets and liability values by contacting the third parties with whom the deceased dealt.
• Assisting and advising on any professional valuations for property, investments, chattels, works of art etc.
• Considering and applying all exemptions and reliefs for Inheritance Tax which may apply.
• Preparing the relevant application form and Legal Statement for the Grant to be signed by the Executors.
• Identification of items specifically gifted and transferring them into the name of the beneficiary (excluding legal transfer work).
• Advising on the requirement of Section 27 Trustee Act Notices.
• Advising on and liaising with an accountant in respect of the preparation of Income and Capital Gains Tax returns for the Administration period.

Please note that our fixed fee applies to estates with a value of up to £2,000,000, where the deceased was UK domiciled, there are no foreign Wills or assets, there are no disputes between beneficiaries and this firm is not acting as an Executor. Our fixed fee is subject to a minimum charge of £6,825 plus VAT (£1,365). For us to provide an accurate fee estimate in respect of the estate, you would need to discuss the specific details with one of our specialists.

Other fixed fees available

Sometimes executors may wish to instruct us to only obtain a Grant of Probate or a Grant of Letters of Administration (where there is no Will). We are happy to accept such instructions on the assumption that no inheritance tax is payable. Where all relevant financial information is provided to us by the Personal Representatives we will obtain the Grant for a fixed fee of £2,000 + VAT (£400). This fixed fee covers the following:

• An initial meeting to discuss details of the Estate;
• Consideration of all financial and other information provided;
• Preparation of the Return of Estate Information form (IHT205) (if required) for approval and signature (however, where the estate requires a full Inheritance Tax Account on form IHT400, which is far more complex, our fixed fee will be £3,500 + VAT (£700));
• Where form IHT400 is required, submitting this in advance of the probate application to HM Revenue and Customs;
• Preparing the application for a Grant of Probate or Letters of Administration;
• Submitting the application to the Probate Registry;
• Providing the sealed copies of the Grant of Probate to the Personal Representatives.

No other work is included within this fixed fee, leaving you free to obtain all assets, pay all liabilities, settle all taxes due to HMRC and account to the beneficiaries entirely by yourself.