Need Help From A Probate Solicitor?

Let us Help You

Very often Probate can be seen as a  very time-consuming and complicated process,  however with the help a specialist probate solicitor we can make it a simple and hassle free process.

If you would like our help or advice obtaining probate, call us on 0845 269 3571 or complete our online enquiry form.

Commonly asked probate questions

If you are wondering about the probate process, set out below are some of the most frequently asked questions :

Why do I need to obtain probate when there is a will ?

Very often an Executor will contact us and explain that they are confused as to why probate is required when there is a will. Effectively, a grant of probate is a bit like a certificate which once issued then enables the Executor to administer the estate. Banks for example will request this to close an account held by a Deceased person whilst to sell a property the buyer would always want to see the Grant of Probate.

Another reason for having probate, is that as part of the application process an inheritance tax return must be completed – this lists all the various assets of the Deceased and confirms whether an inheritance tax is payable.

Who can apply for probate ?

The application is typically undertaken by the Executor named in a will, if there is no will then the surviving spouse or nearest blood relative. Note there is a clear distinction between a blood relative and a next of kin.

How Long Does Probate Take ?

Timescales always vary depending upon a whole host of factors which include :-

• the size of the estate assets and liabilities
• whether there is a will
• how organised were the deceased’s assets and liabilities
• whether inheritance tax is payable
• whether there is a house to sell
• the number of beneficiaries

Obtaining probate in a very straightforward case, when everything is available can take as little as 5-6 weeks whilst in those cases in which inheritance tax is required it can take many months. We find on average most estates can be finalised within 6-9 weeks.

Who Can Apply For Probate ?

Who can apply for probate ultimately depends upon whether the Deceased person left a will, or died Intestate with no will.

If a will is left, the person that applies for probate is called the Executor. However sometimes, the Executor may want to appoint someone else to apply on their behalf. For example, an elderly executor with hunger children may want to appoint a son or Daughter to help them with the probate process. Alternatively, a solicitor maybe appointed.

If there is no will, then the person applying for probate is called the Administrator, and will be the person legally entitled to administer the estate. Like an Executor the Administrator can always appoint someone else to act on their behalf.

How Much Will it Cost ?

We charge a simple fixed fee policy, guaranteed. The fee is dependant upon the likely amount of work required. We typically need to know the following to quote :-

• did the deceased have a will
• what assets and liabilities are there ?
• is inheritance tax payable ?
• how many beneficiaries are there

What documents would we need to start work ?

We try to make the process as simple and straightforward as possible, and so we have designed an easy form to complete, whilst we would also need to have a copy of the will and the original death certificate.

I am unhappy and what to stop probate – issuing a Caveat

We specialise in will disputes as well as probate. If you are unhappy with a will, or maybe you have been refused a copy of a will, you can issue what is called a Caveat,this prevents probate from being issued. Once a Caveat is in place it lasts for 6 months and can be renewed. It can be a very useful tool to ensure you receive a copy of a will if the Executor is refusing. We can help you issue a Caveat if you would like our help, call us on 0845 269 3571.

Are there time limits to contesting a will ?

Yes there are very time limits to contesting a will, and therefore acting quickly is really important so as to preserve the estate assets. You should always obtain expert evidence, as there are different time limits for different types of claim. The key timelimits to be aware of are as follows :-

• 6 months from the date of probate for a claim under the Inheritance (Provision for Family and Dependants) Act 1975
• No time limit for contesting a will on grounds of fraud
• 12 years for a beneficiary
• 6 years for a debt action

I can’t find a will – what happens to the Deceased’s estate ?

If the Deceased died without a will, then the law provides that the Deceased’s estate must be administered in accordance with the Intestacy Rules. These rules set out an order of entitlement, as to those persons entitled to administer the estate and inherit. The Order of entitlement typically starts with the Deceased’s spouse and then the surviving blood relatives.

Can You Apply for Probate with an interim death Certificate ?

Yes, you can apply for probate with an interim death certificate – our blog post provides a detailed summary of the key differences between an interim death certificate and a full death certificate.

What Happens if the Executor Does Not Distribute the Estate ?

An executor of an estate does not distribute an estate in accordance with the terms of a will, action can be taken by a disappointed beneficiary, you can read more in this recent article.

How to Remove a Caveat ?

If an caveat has been issued against an estate, you can remove the caveat by issuing what is called a Warning to he Caveat.You can read more by clicking here.

Can you apply for probate using an Interim Death Certificate ?

Alot of confusion often arises over the issue of an interim death certificate and applying for probate. Our blog post talks about the differences between a full death certificate and interim one and how you can apply for probate with a interim death certificate.

What Happens If You Don’t Do Probate ?

Inevitability problems arise if you dont apply for probate promptly – this article summarises the main issues that can arise and why getting probate done is important. You can read more about what happens if you do apply probate here.

Resealing probate in the UK

In our lastest blog article we set out how to reseal probate from another country in the UK, see more by clicking here.

Important Information Regarding Call Charges

By Calling our helpline Calls will cost 5p plus your phone company’s access charge.