Probate

The role of an Executor can be daunting as an Executor is the only person who is entitled to administer an estate, and the Executor can be held personally liable for any mistakes made.

We can guide you through the process and tailor our services to meet your needs, whether that be applying for the Grant of Probate only, or administering the Estate. You choose how much involvement you would like us to have and what help you require.

Key events are:

• The Death Certificate is obtained from the Registrar.
• Establish whether there is a valid will or if the person has died intestate (i.e without a will).
• Calculate the value of the deceased’s estate for example working out their total worth from bank accounts and property values to consider if a Grant of Probate (or in the case of intestacy a Letter of Administration) is required. This would generally be the case if there is a house to sell or if there are sizeable sums in the bank accounts.
• The Death Certificate is used to notify financial institutions, utility companies and pension providers etc. of the death and to request balances.
• If there is property to sell, valuations will be obtained from estate agents.
• Once all institutions have responded, which takes approximately 2 weeks for a simple estate, if required an application for the Grant of Probate can be started. If the total value of the estate means the Grant is not required then the estate can be distributed at this point.
• If applying for the Grant, a HMRC form is completed and the Oath for Executors is drafted. This must be sworn by all Executors then sent with the HMRC form to the Probate registry. If inheritance tax is due then it must be paid at this stage.
• Once any tax owed is paid, the Probate registry will issue the Grant of Probate within 7 – 10 days.
• The estate can now be administered. Account closure forms are sent to all financial institutions and then property can be sold.
• Once funds have been received and all testamentary expenses (such as probate fees, estate agent fees etc.) have been paid then the estate can be distributed.