Probate Services

Grant of Probate – When the deceased has left a Valid Will naming Executors.

Letters of Administration -When the deceased leaves no Will the next of Kin can apply to act as the Administrators.

The person or people legally entitled to administer an estate are also know as the personal representatives.

A Grant of Probate is a legal document require by law which allows the personal representatives to manage and distribute the deceased person’s Estate. In most cases, a Grant of Probate is required when the deceased person had assets in their sole name, such as property or investments, which need to be transferred to the beneficiaries.

Whether or not you need a Grant of Probate depends on the specific circumstances of the Estate and may be required even when dealing with an estate that is considered to be small.

If you are unsure whether you need a Grant of Probate, please contact us.

As every case is unique the exact probate process can vary depending on the instructions left in the Will and the complexity of the estate.

Generally, the process includes the following steps:

1. Identifying and locating the assets and potential debts.

2. Filing the necessary court documents to initiate the probate process: filling the Will, apply for the Grant of Probate/ Letters of  Administration.

3. Paying debts and taxes

4. Distributing the remaining assets to the beneficiaries according to the terms of the will.

Navigating the probate process can be tricky and unpredictable, with timelines ranging anywhere from a few months to several years. Unfortunately, disputes between parties involved in probate proceedings might increase complexity levels and extend the timeframe.

Having a Will details how you want your Estate to be distributed, your Last Will & Testament does not determine whether probate is require this all dependent on the value and type of assets that you have.

For example, you will require Probate for the following:

• Property in the sole name or as tenants in common with another person
• Business Assets
• Life insurance policies where no benefieary has been nominated
• Foreign assets

If your loved one passes away without leaving a Will behind or if their Will is deemed invalid the rules of intestacy apply.

You may still apply for Letters of Administration to administer the estate and distribute the assets. The role of the Administrator is similar to that of an Executor in a typical probate process.

In such cases, the distribution of their estate will be determined by the laws of intestacy in the state or country where they lived (only spouses, civil partners, children, and other close relatives can inherit under these rules).

Thus, you may still apply to administer the estate and distribute the assets with a Grant of letters of Administration. The role of the administrator is similar to that of an executor in a typical probate process.

Probate is a legal process that is required to prove the validity of a Will in a Court of Law which gives the appointed Executor/Administrator the power to administer the deceased person’s estate, whether it be according to their Last Will & Testament or by the rules of intestacy.

Even if a Will is in place, it is usually necessary to go through the probate process if the deceased person had assets in their sole name, such as a bank account or real estate. Indeed, financial institutions, government agencies, and other parties involved in the administration of the estate may require proof of the executor’s authority, which is provided by the Grant of Probate.

It is unlikely that a Grant of probate will be required for an estate worth less than £20,000 in cash assets.

The cost of probate can vary, depending on the complexity of the estate and the amount of work required to administer it.

Some of the factors that can affect the cost of Probate include:

• The value of the estate
• The number and location of assets
• The number of beneficiaries
• The number of disputes or challenges to the will
• Locate assets and administer the estate

As it is difficult to provide a precise estimate of the cost without considering the specific circumstances of the estate, contact us today to discuss your circumstances and get a breakdown of our Probate fees!