Administration of Estates and other Probate Services

Dealing with the deceased's affairs can be challenging. Talk to us for advice

The term 'probate' is commonly used to describe the process of administering the estate of someone who has died.

There are various processes to go through in order that you can deal with the deceased's affairs. For example, you may need to:

Collect debts owed
Pay bills
Distribute their estate

If the person who died left a will

The will names one or more executors to deal with the person's affairs.

The executor(s) will therefore apply to the probate registry for a grant of probate. The grant is a legal document that confirms that the executor has legal authority to deal with and distribute the deceased's property.

If the person who died did not leave a will

A close relative will need to apply to the probate registry to deal with the estate.

If there is no will they must apply for a 'grant of letters of administration'. If this is granted they will then become known as the Administrator of the estate.

The 'grant letters of administration' is the legal document which then allows the 'administrators' to deal with the deceased's assets.

Grant of Probate

A 'grant of probate' or a 'grant of letters of administration' is always needed where the person who dies leaves property, including:

A value of £15,000 or more
Insurance policies
Shares
Property/land in their own name or held as a tenant in common

A grant may not be needed if the deceased:

Had less than £15,000
Owned everything jointly and everything passes to the other joint owner

Applying for Probate

One or all of the executors of an estate can apply for a grant of probate.

The forms that are required will depend on where the deceased lived and the value and make up of their estate. Two points worth noting are that:

There is a fee to pay to obtain the grant (if the amount left is over £10,000)
Probate will not be granted until some or all the inheritance tax due on the estate has been paid

If you would prefer, we can assist with the grant for you and advise on inheritance tax due, so that you so not have to attend court.

Sydney Mitchell have a dedicated team of expert specialists who offer a Probate service and can help you deal with all the formalities required; we are used to dealing with estates, both large and small.

Talk to us about Probate Law today. Call our experienced Probate team on
0121 746 3300 or alternatively submit our online contact form.