To avoid the possibility of a dispute, getting the Probate process right is essential. However, many executors feel overwhelmed when they realise how much work is involved in sorting Probate and are shocked when they discover they may be liable in negligence if things go wrong.
Our Probate Solicitors will take care of everything relating to Probate, from making an application to the Court to collating the assets, paying any Inheritance Tax owing, and distributing the estate in accordance with the Will.
You can be confident that by instructing us, Probate will run smoothly, and the beneficiaries of the deceased’s estate will receive what they are entitled to.
We are a diverse, multi-lingual law firm that uses best-in-class technology to provide clients with streamlined, modern, and highly effective Wills, Trusts, and estate planning advice and representation. Our years of experience in private client law means we have a robust reputation for excellence with the UK’s best Barristers and Queen’s Counsel, Estate Agents, Independent Financial Advisers, Tax Advisors, Surveyors, and Business Succession Planning Advisors who can bring additional support to our Wills, Trusts, and estate planning department if required.
Below are some of the most common questions we are asked about the Probate process.
What is Probate?
Probate is the process of administering the estate of someone who has died. At a basic level, it involves locating and examining their Will, paying off any debts, and distributing the deceased’s property and assets. However, as you will see below, the process is far more detailed, time-consuming, and technical than most people anticipate.
How do I apply for Probate if there is no Will?
If the deceased did not have a Will, you need to apply for a Grant of Letters of Administration. Once this is granted, the deceased’s estate must be distributed according to the Rules of Intestacy.
How long does Probate take?
If you have been appointed as an Executer to a Will, you will need to apply to the Court for a Grant of Probate before you can deal with the estate. You will receive this after around eight weeks. Once Probate is granted, it can take up to six to twelve months to identify and collect all the assets, settle any debts, and distribute the deceased’s property and assets.
Do I need a Solicitor to manage the Probate process?
If you have been appointed as an Executer to a Will, you will need to apply to the Court for a Grant of Probate before you can deal with the estate.
If the deceased’s estate is straightforward and you have plenty of time to undertake your duties as an executor, you may not need a Solicitor to manage the Probate process for you. However, if any of the following circumstances apply, it is vital to rely on the advice of our Probate Solicitors:
- the estate is complex, for example, it comprises of a business or overseas property
- the estate is bankrupt
- the Will is being challenged
- the Will creates a Trust
- there are likely to be complex tax issues
- the competence of the Administrator or Executor is being questioned
Is an executor liable for any mistakes made during Probate?
Another reason for instructing our Solicitors to manage the Probate process for you is that negligence claims can be brought against an executor if they make a mistake. We often see cases where the executor has not interpreted the Will correctly, failing to collate all the assets, paying out the proceeds of the estate before paying all outstanding debts and inheritance tax and miscalculating the inheritance tax owed. In the case of the latter, HMRC can pursue you for any inheritance tax that cannot be paid from the estate due to mistakes being made when the amount of tax due was calculated.
Can you help me if the Will or Probate is being contested?
The rapid rise in house prices has driven up the value of many estates over the last 20 years. Unfortunately, this has resulted in an increase in family members challenging the Will or how Probate is administered. As a full-service law firm, our Probate Solicitors and Dispute Resolution team can work together to advise and represent you if Probate is contested. You can be confident that we will take care of the matter for you and tenaciously work to protect your best interests.
Why choose us?
Our Probate Solicitors will provide you with the peace of mind that you are fulfilling your executor role competently and as per the law. Dealing with the death of a loved one is never easy. Our compassionate Probate Solicitors will advise you in a sensitive, practical manner and ensure the Probate process is completed as quickly as possible.
People choose and recommend us because we care about them, their family, and their future. Our Wills, Trusts, and Estate Planning Solicitors are focused on results and achieving them in the most cost-effective, efficient way possible. This is why we are one of the most successful and busiest private client lawyers in Coventry and Warwickshire.
To talk to us about applying for Probate and the Probate process, please contact us using the form below.
Meet your 'Probate' specialists
The team to guide you through your legal needs.
Depending upon the complexity we are able to offer fixed fees in some cases. In other cases our solicitors charge the following hourly rate:
- Partner/Member SolicitorHourly rate of £250 + VAT
- Senior Solicitor or Head of Dept: (PQE 8yr+)Hourly rate of £225 + VAT
- Assistant Solicitor/Fee Earner (PQE 3/7yr)Hourly rate of £200 + VAT
- Newly Qualified Fee Earner (PQE 1/3yr)Hourly rate of £170 + VAT
- Paralegals/TraineesHourly rate of £120 + VAT
- Support ParalegalsHourly rate of £100 + VAT