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Probate

Our experienced and expert Probate Solicitors have extensive knowledge of probate and all matters of estate administration. Our lawyers are by your side to ensure that you receive expert legal advice.

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  • Fixed Fees Available
  • Law Society Excellence Award Winners
  • Experienced in Obtaining Probate
  • STEP Qualified Professionals

Probate Solicitors

The period following the death of a loved one is already a difficult time. If you’re named the executor of the will, the added burden of administering the estate and the extensive legal duties associated with this responsibility can be overwhelming.

That’s where our specialist Probate Solicitors come in. At Rowlinsons, we understand the complexities involved. You’ll get clear, comprehensive advice to keep you fully informed from beginning to end to make the probate process as easy as possible.

 

What happens to someone’s estate after they pass away?

When someone dies any money, property, or possessions owned by the deceased form part of their estate. The personal representative, who is a named executor (or the next of kin of someone who has not left a will) is in charge of managing and distributing the estate to any beneficiaries.

Before this can be done, the courts have to verify that the will is valid and confirm who has the authority to administer the estate.

 

Experts in Probate

At Rowlinsons our Estate Administration team have vast experience in dealing with matters relating to probate. Our team were highly commended in the Solicitor Firm of the Year (North) category at the 2018 British Wills and Probate Awards. Donna and Megan from the Estate Administration team are full members of STEP and have both received a STEP Worldwide Excellence Award. You get peace of mind knowing that our fully qualified estate administration solicitors can provide the best possible service for you.

To make an appointment please call 01928 735 333 or click here for a call back.

  • Donna Eland
      • 01928 736671
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  • Gemma Kelly
      • 01928 736637
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  • Josie Jones
      • 01928 249 763
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  • Katie Roberts
      • 01928 736166
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  • Laura Goldsmith
      • 01928 736157
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  • Megan Chamorro Moris (Renshaw)
      • 01928 736152
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  • Peter Gausden
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  • Sarah Green
      • 01928 736151
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Probate FAQ

What is Probate?

The term probate relates to the process of dealing with a person’s legal and financial affairs after they’ve died. When you apply for probate, you’re asking the courts to verify that a will is genuine and valid and that its terms can legally be carried out.

What is a Grant of Probate?

If you are the named executor of the will you may have to apply for a Grant of Probate before you are allowed to administer the estate.

A Grant of Probate is a legal document issued by the Probate Registry Office that confirms a will is genuine and valid which enables the named executor to deal with the assets in the estate.

Most financial institutions will not allow you to take control of the deceased’s assets until you receive a Grant of Probate.

When is a Grant of Probate required?

Whether or not a Grant of Probate is required depends on the value of the assets that make up the estate and the requirements of the financial institutions where those assets are held.

For example, if the will contains property or significant assets held solely by the deceased, it is highly likely that a Grant of Probate will be required.

If the property was jointly owned, the property will automatically pass to the surviving owner if they are joint tenants. In this case, probate would not be required, but could still be necessary if there are other significant assets in the estate.

For tenants in common, you may need a Grant of Probate because the deceased’s share will not automatically pass to the other person. Their portion of the property forms part of the estate that they can bequeath in the will.

Where the assets are less than £5,000 or when there is no money left after paying off debts, liabilities and inheritance tax, it is unlikely that probate will be required.

What is the executor of a will responsible for?

The executor of a will is legally responsible for carrying out the instructions set out in the will after the person has died.

There are various administrative tasks involved which can be quite complex, putting you under more stress at what will already be a distressing time.

Duties of an executor or personal representative include:

•   Registering the death

•   Arranging the funeral

•   Notifying the relevant authorities of the deceased’s passing

•   Obtaining valuations for assets including property, possessions, and investments.

•   Preparing financial documents and any necessary information to send to HMRC and the Probate Registry.

•   Submitting an inheritance tax return

•   Paying bills and settling any debts

•   Setting up and dealing with any trusts

•   Collecting assets and money due to the deceased person's estate and deciding when to sell the property.

•   Distributing the remainder of the estate to the beneficiaries according to the will

•   Keeping estate accounts

Our specialist probate solicitors can help to take care of the administrative tasks in a professional yet sensitive manner to make the process as straightforward as possible.

How much should an estate be worth required to go to Probate?

Whether or not a grant of probate is necessary depends on the requirements of the financial institutions where the assets are held.

Most financial institutions require probate on assets valued over £5,000 but that can increase up to £50,000 for some institutions. A probate solicitor can help you find out when you need to obtain a Grant of Probate.

Is a solicitor required to obtain a Grant of Probate?

Although you’re not legally obliged to engage a probate solicitor, effectively managing such a complex array of tasks by yourself is probably only possible for simple cases such as small estates with little or no assets to deal with.

The responsibilities of a personal representative are extensive. It is strongly advisable to take legal advice when administering an estate, especially for large or complex estates or in cases where the estate is over inheritance tax thresholds.

A probate solicitor has the experience and expertise to deal with all matters relating to estate administration and can help save you time and avoid making any errors which could delay your Grant of Probate application.

How long does it take to obtain a Grant of Probate?

In the UK once the application is submitted to the court, if done correctly, you can expect the court to accept the Grant of Probate in 12- 16 weeks, however longer processing periods are not uncommon lately.

It can take longer if they need you to supply additional information, which is why it’s important to get the application right the first time.

If there are any delays your probate solicitor can keep you updated and informed with any issues.

What are the next steps?

Once you receive the Grant of Probate you will be able to start collecting the assets, pay liabilities and expenses of the administration and deal with the property. Eventually, you’ll be able to distribute the estate to the beneficiaries in accordance with the will.

There is no set time scale in administering an estate and the time it takes will depend on the value and complexity of the assets involved. The entire process may take up to 12 months and is often arduous and confusing. That’s why you may find sharing the responsibility with an expert probate legal team can make the process go smoother.

What happens if the deceased didn’t leave a will?

When someone passes away without leaving a will it is said they died ‘intestate.’ This means the administering of their assets and belongings passes under the rules of intestacy.

The responsibility for administering the estate will fall to the next of kin or closest living family member. The process of dealing with the estate is slightly different and the closest living relative will have to apply for a Grant of Letters of Administration to take control of the deceased's assets.

Probate fees

Since Jan 2022 the fee for all Grant of Probate applications is £273. Professionals (including qualified probate solicitors) and personal applicants pay the same fees.

 

Fixed fee probate services

At Rowlinsons, we understand the complexities involved in probate and recognise how daunting these can be, particularly when you are grieving. While you may only have to deal with estate administration once in your life, we help personal representatives obtain Grants of Probate every day and are experts at dealing with the entire process.

In certain instances, we are able to offer a fixed-fee probate service, so you know how much to expect to pay from the outset. The fee will depend on the complexity of the case and the assets involved which is why we offer an initial no-obligation chat before quoting your fee. Get in touch to find out more.

 

How a Probate Solicitor can help

To help you obtain probate and relieve the burden of extensive legal administration, the team at Rowlinsons can assist with a range of duties, including:

  • Evaluating the size of the estate including property, bank accounts and other assets
  • Reviewing relevant documents regarding the estate
  • Ascertaining whether any Inheritance Tax is payable
  • Completing the Inheritance Tax forms
  • Preparing the appropriate Statement of Truth or online application to enable the Grant of Probate to be obtained

Our team can also assist with all aspects of the estate administration including closing Bank/Building Society accounts, transferring/selling land or residential property and distributing the assets to the beneficiaries of the estate.

We have considerable experience in dealing with the administration of estates of all sizes and complexity which means we can handle matters as quickly and efficiently as possible. Bereavement is hard enough without being inundated with legal duties. Let us take the pressure off. If you require any assistance, please do not hesitate to contact us

 

Contact our Probate Solicitors

Rowlinsons Solicitors are here to help. We are a specialist law firm based in Cheshire with expertise in Probate. We regularly help clients across Cheshire and the North West from our offices in Frodsham and Runcorn (Sutton Weaver), including individuals in Warrington, Widnes, St Helens, Chester, and Northwich.

Our team is approachable, friendly and professional. By choosing Rowlinsons, our aim is to achieve amicable resolutions swiftly, but if litigation is necessary, Our Personal Solicitors have the experience and know-how to deal with the courts effectively.

As a specialist firm of Solicitors in Cheshire, we offer expert legal advice to clients across England and Wales. Contact us today to find out more about our Estate Administration.

Call us today for an initial no obligation call or click here for a call back. We also have meeting facilities in North Wales for Family Law clients.