Obtaining Probate and Letters of Administration

When a friend or family member passes away it can be very difficult to know what steps need to be taken and what you may need to take into consideration before taking those steps.

The terms Probate, and Grant of Probate, are very commonly used but it is not always necessary to obtain a Grant of Probate (where there is a Will) or a Grant of Letters of Administration (no Will).  At Baines Bagguley Penhale we regularly advise as to whether a Grant is necessary and lend a hand in tidying up affairs in those cases when it is not.  There are circumstances where it is essential to obtain a grant, for example where there is property to deal with, in which case we can help ensure that the estate assets can be accessed and dealt with in line with your timescales, needs and particular circumstances.

Do I need a Solicitor to deal with a deceased persons estate ?

A solicitor can help you to deal with the financial and practical steps that need to be taken after someone has passed away. Although all estates are diffierent solicitors can ensure that you fully understand any issues that may arise, such as enquiries by the DWP if the deceased was in receipt of benefits, submitting tax returns to HMRC and ensuring that the terms of the will or the laws of intestacy are properly followed. Solicitors will also ensure that any Executors or Administrators fully understand their obligations in relation to dealing with the estate.

We aim to complete all straightforward estates within 3-6 months wherever possible.

At Baines Bagguley Penhale we appreciate that not all clients need or want a solicitor to carry out all of the steps involved in the administration of an estate.  On the other hand, some clients are very clear that they do not want to risk dealing with these issues on their own, and they want someone they can rely on to handle everything for them so they do not have to worry or involve themselves in the legal process.  We can cater for whichever service our clients require including anything in between.

Please click here for further details in relation to our bronze, silver, gold and platinum levels of assistance.

At Baines Bagguley Penhale we appreciate that not all clients need or want a solicitor to carry out all of the steps involved in the administration of an estate.

How much is it likely to cost ?

Depending on the level of assistance we are asked to provide we will provide a clear indication of our costs on the basis that we act on a Fixed Fee wherever possible. Our fixed fees will cover the vast majority of work that we are asked to carry out in relation to these matters.  There can, however, be some issues that can increase our costs outside of the initial fixed fee which may only become apparent at a later stage.  For example our fees would most likely exceed our usual fixed fees where :

• The deceased’s Will is found to be invalid
• There is more than one property to deal with within the estate
• There are more than 10 assets within the estate
• There are more than five residuary beneficiaries
• Disputes arise between beneficiaries in relation to the division of the assets
• Inheritance Tax is payable and a full account is required to be submitted to HMRC
• A claim is made against the estate

In addition to our fixed fees the following disbursements may be payable:-

• Probate court application fee – £276.00 including two copies
• Bankruptcy search fee (per beneficiary) £2.00
• Statutory Notices in The London Gazette/local paper £159.00

How long will it take ?

Whilst it is very difficult to give a clear indication of the length of time it will take to fully administer an estate, as a guide we can confirm as follows:

• On average, obtaining a Grant of Probate using our bronze service takes between 4-6 weeks
• Ascertaining the full extent of the estate and obtaining a Grant of Probate using our silver service takes approximately 10-12 weeks
• Ascertaining the value of the estate, obtaining a Grant of Probate and administering the estate takes on average 6-12 months

We will always keep our clients updated with regards to the progress of the estate administration, and aim to complete all straightforward estates within 3-6 months wherever possible.

For further information or to discuss how we can assist you please contact us.