probate and estate administration

what is probate?

  • probate is a legal document needed when someone dies in order for their executors to deal with their property, money and possessions, to settle any liabilities and to distribute their estate in accordance with the terms of any will 

  • where someone dies without a will their assets will pass under the Intestacy Rules. As there is no appointment of executors certain family members will need to apply to administer their estate to obtain the legal authority usually granted by probate and this is known as letters of administration

  • it is not always necessary to apply for probate where there are very limited assets or if all assets are jointly owned

how do you obtain probate or letters of administration?

an application needs to be prepared to include values of all assets and liabilities at the date the person died. Depending on the value of the estate you may need to submit this information to HMRC as well as the Probate Registry and pay any Inheritance Tax where necessary

how can we help you?

  • general advice - we can assist you on an ad hoc basis if you would like to do most of the work of the work yourself but want the security of a helping hand or someone to check the paperwork

  • grant only - we can prepare the formal application on your behalf after you have obtained the date of death values. We will submit the online application and deal with any enquiries raised by the Probate Registry

  • full administration - we can deal with the whole process from gathering the information and date of death values, obtaining the grant of probate, completing the relevant paperwork to cash in assets and settle liabilities and helping you arrange distribution to the beneficiaries. We will also apply to HMRC to finalise the income tax position if relevant, for example where the deceased was self employed