Probate and Administration of Estates

Wills, Trusts and Probate

What is a Grant of Probate and when is it required?

A Grant of Probate (the umbrella term is a Grant of Representation) is a legal document from the Court which provides the Executor or Administrator of the estate to deal with the deceased’s assets. Whether a Grant of Representation is required depends upon what assets the deceased owns in their sole name.

It is a common mistake for people to think that because there is a Will there is no need to obtain a Grant of Representation, this is a myth and whether a Grant of Representation is required to deal with the deceased’s estate purely depends upon what assets the deceased held.

What is the process for probate and how long does it take?

The process for obtaining a Grant of Representation can be daunting and complex and the length of time it takes is dependent upon numerous factors. The first step is to establish the assets and liabilities of an estate and complete the necessary paperwork to apply for probate which may include completing an inheritance tax account.

As a guide with regards to timescales to obtain a Grant of Representation, at the present time, it is taking the Court up to 20 weeks to issue a Grant of Representation (this is from the date the application is submitted) but the Court can change these timescales dependent upon their backlog of applications at the time the application is made.

For administering an estate, it can take anywhere from 12 months to 3 years to administer a large estate and the timescale is dependent upon whether HMRC investigates the valuations submitted, the length of time it takes the Court to issue the Grant of Representation, any family complexities and ambiguities in the Will. If the estate is not taxable but there is a house to sell it may take between 6 and 18 months to administer the estate. These are just guidelines and a lot of variables are involved which will impact upon the time it takes to administer an estate.

How can we Help?

Get the help and advice from our friendly team of probate lawyers. Our specialist and dedicated team of lawyers will guide you delicately through the process.

How much will probate cost?

We offer a fixed fee for Grant Only applications and we can provide you with a fee estimate for dealing with the full administration of the estate. A member of the team will meet with the Executors or family members to discuss the estate and obtain information to enable them to provide you with a cost estimate at the initial meeting.

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