If you are dealing with someone’s affairs after their death, you will need to go through the process of winding up their estate. This is commonly referred to as probate. At Toner Legal, our experienced probate solicitors offer a complete estate administration service to executors and administrators.
We know that this will be a difficult time for you, and our probate lawyers are friendly and approachable and will handle matters sensitively.
Our team members have many years of experience, including in dealing with complex and high-value estates. If you would like us to deal with a probate on your behalf, we will work proactively to move matters forward promptly and ensure that you are kept up to date with progress.
We are easy to contact, always respond quickly and are happy to answer questions as they arise. If you would like to discuss a probate matter, contact us today, and we will do all we can to help.
To speak to one of our expert probate solicitors, call our team on 0207 118 9218 or complete a Free Online Enquiry and we will contact you.
What is probate?
Probate generally refers to the process of finalising someone’s financial and property affairs after their death. There are several steps involved, including:
- Valuing all of the estate assets and liabilities, including property, savings, debts and valuable items such as cars, furniture and jewellery
- Completing HMRC forms detailing all assets and liabilities
- Calculating whether Inheritance Tax is due and, if so, paying it
- Applying for a Grant of Probate or Grant of Letters of Administration
- Placing statutory advertisements for creditors and beneficiaries, if necessary
- Clearing all estate liabilities, including paying tax
- Selling and transferring the estate assets
- Preparing detailed estate accounts
- Distributing the estate to the beneficiaries
Probate FAQs
Who is responsible for probate?
If the deceased left a Will, this will name one or more executors who will be responsible for the estate administration. If there is no Will, then someone who is entitled to inherit under the Rules of Intestacy will usually take on the role of winding up the estate. They are known as the estate administrator.
If you have questions over who will deal with the administration, please feel free to call us and we will be happy to guide you. If an executor does not want to deal with the administration, they can renounce probate, but only if they have not done any work on the estate.
Executors and administrators can instruct probate solicitors to deal with the probate process on their behalf, and the costs are paid out of estate funds.
Do I need a Grant of Probate?
Unless an estate is small, you will usually need either a Grant of Probate or, if there is no Will, a Grant of Letters of Administration. There is no legal definition of a small estate, and each bank has its own threshold above which it will ask to see a grant before releasing funds. This ranges between £5,000 and £50,000.
If the estate includes property, you will always need a grant.
Do I need a solicitor for probate?
The estate administration process can be very time-consuming and is fairly complicated, with numerous HMRC forms to complete. If an executor or administrator makes a mistake that costs the estate money, they will be personally liable and will need to compensate the estate with their own funds.
For these reasons, probate solicitors are usually used. If you ask us to deal with the winding up of an estate, we will make sure matters are dealt with promptly, avoiding delays wherever possible. We will complete all of the necessary forms, usually one for each type of asset or liability, as well as the probate summary form and Inheritance Tax forms, and ensure they are submitted correctly to HMRC.
Using a probate solicitor can also make it easier to deal with beneficiaries, who may press you for progress if you undertake matters yourself.
How do I pay Inheritance Tax?
If Inheritance Tax is due, this must be paid before a Grant of Probate or Grant of Letters of Administration is applied for. If the deceased had sufficient funds in a bank, building society or National Savings account, there is a form to fill in to ask the organisation to pay the tax directly to HMRC.
Where necessary, we can complete this form on behalf of the estate and arrange for payment to be made. If you have concerns about paying Inheritance Tax, speak to us today, and we can discuss the options available, which include paying HMRC in instalments.
How long does probate take?
Winding up an estate from start to finish can be lengthy, particularly if there is a property to be cleared and sold. Executors should aim to finalise matters within a year where possible. Smaller estates can be dealt with in a few months.
Ensuring that the HMRC forms are correct and submitted as soon as possible will help to move matters along, as nothing can be done until a grant is received. The Probate Registry aim to respond within three months, although they occasionally have backlogs and if they need more information this can cause delays.
At Toner Legal, we always work to keep an administration moving forwards, filling in the forms as soon as possible, chasing asset holders for figures, dealing with correspondence as soon as it is received and following up where necessary.
If you would like to discuss potential time frames, we will be happy to advise you.
Contact our probate solicitors
If you would like to speak to someone about estate administration, contact us today and we will answer your questions and do all we can to help.
To speak to one of our expert probate solicitors, call our team on 0207 118 9218 or complete a Free Online Enquiry and we will contact you.