Grant of probate
Do you need probate : Call our probate helpline on 0844 330 2672
Pobate is the term commonly used to describe the legal process that has to be followed after somebody’s death. The legal process varies according to whether the deceased person left a will, or died Intestate that is without a will.
If the Deceased person left a will, then the person(s) responsible for the administration of the estate will be the Executor’s named in the Will. They will be responsible for collecting the deceased person’s assets, distributing the estate and paying any debts.
Before assets can be collected and the estate administered, the Executor’s have to apply to the Probate registry for what is known as a Grant of probate. The grant is a legal document which states the Deceased’s full name, as well as the Executors entrusted with the administration of the estate. The grant can then be presented to various financial institutions to collect the Deceased’s assets. meaning monies can be collected from a bank, shares sold or a property owned by a Deceased sold.
Fixed Fee probate
We offer a fixed fee probate service and can help you obtain probate quickly and cost effectively. Understanding the legal jargon can be very confusing and to help you, we have listed below some of the most common questions we can asked about probate
Is there a financial limit for applying for probate ?
We are frequently asked whether a grant of probate is always required after somebody’s death. Very small estates under £15,000 do not require a grant while those assets held in joint names (such as bank accounts or property) pass to the survivor on the Deceased persons death, meaning that no grant is required. Mosts banks have a policy which means that cahs deposits exceeding £15,000 will need a grant of probate.
How long does probate take ?
Each estate is different and much depends upon the size of the estate and the assets to be collected. In very sraightforward cases, probate can be obtained in as little as 3-5 weeks, however we find that on average probate takes between 8-10 weeks
How much does probate cost ?
We charge a simple fixed fee, which means that you know at the very beginning of the case the costs. Most solicitors charge an hourly rate and because of this the costs can be difficult to assess at the beginning of the case. if you are unhappy with the price quote for probate - call us on 0844 330 2672 and we will confirm a fixed fee straightaway
Do I need probate to sell a house ?
Yes. a Grant of probate will always be required to sell a deceased persons property. The land registry would also require probate to allow a transfer
Do all the executors have to apply for probate ?
The will may name more than one executor however not all the Executors need apply and it is common for just one Executor to apply, as the probate rules do enable an Executor to renounce probate ( that is withdraw from the probate process altogether and have no involvement whatsoever in the administration of the estate).
Does the solicitor holding the will have to apply for probate
No. Often a local solicitor may quote very expensive fees and be reluctant to release a will. Please do not be intimidated by this as you do not have to use the solicitor holding the will. Call us on 0844 330 2672 and we can confirm the likely fixed fee.