Probate and Estate Administration Solicitors

Applications can be made by post or online and will need to fill out a probate application form (PA1) and send this with the appropriate supporting documents.

You will need to include the following with your probate application:

• The original Will
• Any additions to the Will (codicils)
• Two copies of the signed Will and any codicils
• The death certificate (or an interim death certificate from a coroner)

If there is no Will, then you will need to apply for Letters of Administration. The process is essentially the same as applying for Grant of Probate, although you can only apply by post.

This will depend on how complex the estate is and any specific issues that arise. However, probate will typically take around six to nine months for most straightforward estates.

There is an application fee of £300 when applying for a Grant of Probate or letters of administration. Estates valued at less than £5,000 are exempt from this fee. There is a fee of £1.50 for each court-sealed copy of the grant.

If you wish to prevent probate from being granted, you can do so by entering a caveat at your local Probate Registry. This stops a grant from being issued for six months from the date the caveat is entered unless the caveat is withdrawn or removed before this time. You can renew the caveat as many times as you like, meaning probate can effectively be delayed for a protracted period in certain circumstances, if necessary.

Probate may not be needed if the deceased’s combined assets are worth less than £5,000.

Probate may also not be needed where the deceased’s assets are held jointly with someone else, such as a spouse, who has survived them. For example, if a married couple own their home as joint tenants, when one of them dies, the property will automatically pass to the surviving spouse without the need for probate.

However, in almost all other cases, probate is required. We strongly advise getting in touch with our probate team who can check whether probate is needed in your circumstances and to make sure you follow the inheritance rules.

This will depend on the circumstances, but around six to nine months is common for straightforward estates where there are no unexpected complications. It may take longer, however, if the deceased’s home and any other assets need to be sold in order to divide the estate in accordance with their wishes.

In theory, you can administer an estate yourself, but there are a number of advantages to using a solicitor for probate, including:

• Giving you the peace of mind that an expert is handling the process
• Minimising the risk of any errors or other avoidable delays
• Providing related services, such as handling the sale of the deceased’s home
• The solicitor can be held responsible (or have the right protection) if any errors are made, e.g. with paying inheritance tax or valuing the estate

Blog | Avoid costly mistakes: the case against DIY probate

If you believe an executor is failing in their duties, you may be able to apply to a court to have them removed entirely or replaced. In many cases, this may mean the executor being replaced with a professional, such as a solicitor.

This will depend on the value of the estate and what relatives have survived the deceased.

If the estate is worth £322,000 or less and the deceased has a living spouse or civil partner, they will inherit the whole estate. If they do not have a living spouse or civil partner, the estate will be split evenly between any children of the deceased. If they have no living children either, other relatives, such as grandchildren, parents and siblings may be next in line to inherit.

If the estate is worth more than £322,000 , a living spouse or civil partner will inherit the first £322,000 , plus 50% of anything over £322,000 . Any living children would then split the remainder of the estate.