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Probate is required when someone passes and leaves either property or financial assets (with or without a will).
The need for probate depends on the finances and size of the estate surrounding the person who has passed. If the deceased owned property entirely in their name and/or had multiple high-value assets, probate is required.
Some other examples are if a financial organisation (such as a bank) asks for a grant of probate (or a grant of letters of administration). Another one is if property was owned with someone else such as tenants in common.
Read more on What is Probate? When is it Required?
Once probate is granted, it gives permission to settle an estate per the instructions in a will (if one is present). The named executors (or personal representatives) manage assets and fulfil the deceased's wishes.
If a valid will has not been left, probate allows the representative to distribute the deceased person's estate. This falls in line with the rules of intestacy.
The following are some of the tasks you can expect to encounter when going through this complex probate process:
Simply fill in our form, answer a few questions and you’ll get up to 6 free quotes from trusted and professional probate solicitors.
Once you are matched with the solicitors, it's up to you to choose which company you want to use. Here's what you should look for:
1. Read verified reviews
It is worth reading any reviews they have as you can see experiences from people who have use their service.
2. Research the companies you are matched with
Research their business through websites and social media channels. This gives you a good idea of their process and customer service.
3. Ask about costs
When talking to the solicitors make sure you ask about probate fees including potential disbursement payments.
On average probate services can cost anywhere between £1,000 - £5,000 for typical estates, according to Which?
Depending on the solicitor you choose for your probate application, they will decide what kind of fee structure you will be expected to pay. The size and complexity of the estate such as multiple beneficiaries and even international issues, will factor into the cost too.
There are 3 types of payment structures that solicitors will normally charge when it comes to probate. They are the following:
There are also potential disbursement payments, for things such as court fees. But these will be discussed during the initial consultation with your chosen firm.
Read more on How Much Do Solicitors Charge for Probate.
The probate process can take between 6 and 12 months on average. But this is assuming that everything goes smoothly.
The grant of probate itself (or grants of letters of administration where no will is present), is the document required to complete probate. This enables the representative to manage the estate once it is issued by the HM Courts & Tribunals Service (HMCTS). It can take 16 weeks for your application to be granted. However, this is based on the UK Government timeline and doesn’t account for backlogs.
Read more on How Long Does Probate Take in the UK?
Our probate guide provides expert advice on everything you need to know about probate.
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