Wills and Probate Solicitors
Obtaining the Grant of Probate is the first step taken to dividing assets outlined in the Will. If there isn’t a Will, we can help you apply for an alternative route, known as Letters of Administration. We will guide you through the process, and help you understand the Will and the assets involved. Contact us today to start the process, we are here to help.
“Had a small task that they dealt with quickly and for a small fee that no other law firm in Southampton that I contacted could, or could be bothered to, deal with.”
Probate Solicitors for Obtaining the Grant of Probate
If there isn’t a Will, we can help you apply for an alternative route, known as Letters of Administration. We understand that contemplating such things after the loss of a loved one, especially making decisions on the family home, can bring high emotions that can be all too difficult to bear. This is why we help families with the difficult decisions and deal with the conversations that you cannot face, so you can spend time with your loved ones and deal with your loss.
We will guide you through the process, and help you understand the Will and the assets involved. Our Probate Experts are specialists at protecting the deceased’s estate, which includes helping you:
- evaluate the assets
- taking steps to minimise Inheritance Tax
- acting as a third party in the event of family disputes
- avoid the traps laid for executors to fall into when they act without professional guidance
We understand from experience that each estate is different to the next, which is why we get to know you as an individual and take the time to understand your circumstances. Our friendly Probate Lawyers provide advice in plain English and deliver a bespoke service specifically designed to overcome any obstacles in obtaining the Grant of Probate and distributing the estate.
Steps to Obtaining the Grant of Probate
Step 1) Asset valuation
You’ll receive a simple form that helps you establish the current assets and liabilities set within the Will. Don’t worry! We’re here to work around you and guide you through it in person or over the phone.
Step 2) Complete the necessary tax forms
Whether you reach the threshold of paying Inheritance Tax or not, you still need to complete the necessary tax forms to obtain the grant of probate. We’ve already got the details of the assets and liabilities, so completing the tax form is already half complete, and we will do the rest for you.
Step 3) Apply for probate
We will complete the application on your behalf, answering the difficult questions and ensuring your application has every chance of success.
Step 4) Attend the interview
You’ll need to attend an interview at the Probate Court. It sounds a lot more ominous than it is and is just a formality to make sure that you are the right person making the application. We will tell you what to expect, and how to answer any questions.
Step 5) Inherit the estate
Now that you’ve obtained the grant of probate, you can start carrying out the wishes set within the Will. We will listen to your instructions as the executor and act on your behalf in making sure that any liabilities are covered and distribute the remaining estate.
FAQ’s
What is an Executor?
An executor is a person named in a Will appointed by the testator to administer their wishes after they die. An executor is responsible for making sure that all the assets are accounted for and transferring these assets to the correct party (beneficiary).
Who can apply for the Grant of Probate?
Usually, any executor named in the Will can apply for the Grant of Probate, however, in the event that the executor cannot act, a person named as a beneficiary in the Will can apply.
Do I need to apply for a Grant of Probate?
This depends on the estate. Typically, you are required to apply for the Grant of Probate if the estate:
- is valued over £5,000
- includes stocks and shares
- includes property or land
In some cases, you might not be able to apply for the Grant of Probate and instead will need to apply for the Letters of Administration. These reasons are:
- There isn't a Will
- The Will is not valid
- No one is named as an executor in the Will
- The executors are unable to act
Who can apply for Letters of Administration?
You can apply for the Letter of Administration if there is not a valid Will, and you are:
- 1Married or in a civil partnership with the person who has died
- 2A child of the person who has died
- 3A grandchild of the person who has died
- 4A parent of the person who has died
- 5A sibling of the person who has died
- 6A niece or nephew of the person who has died
- 7Any other relative of the person who has died
Depending on whether another party applies for the Letters of Administration, applicants will be granted administration in the priority order set above.
Step 3) Apply for probate
We will complete the application on your behalf, answering the difficult questions and ensuring your application has every chance of success.
Step 4) Attend the interview
You’ll need to attend an interview at the Probate Court. It sounds a lot more ominous than it is and is just a formality to make sure that you are the right person making the application. We will tell you what to expect, and how to answer any questions.
Step 5) Inherit the estate
Now that you’ve obtained the grant of probate, you can start carrying out the wishes set within the Will. We will listen to your instructions as the executor and act on your behalf in making sure that any liabilities are covered and distribute the remaining estate.
FAQ’s
What is an Executor?
An executor is a person named in a Will appointed by the testator to administer their wishes after they die. An executor is responsible for making sure that all the assets are accounted for and transferring these assets to the correct party (beneficiary).
Who can apply for the Grant of Probate?
Usually, any executor named in the Will can apply for the Grant of Probate, however, in the event that the executor cannot act, a person named as a beneficiary in the Will can apply.
Do I need to apply for a Grant of Probate?
This depends on the estate. Typically, you are required to apply for the Grant of Probate if the estate:
- is valued over £5,000
- includes stocks and shares
- includes property or land
In some cases, you might not be able to apply for the Grant of Probate and instead will need to apply for the Letters of Administration. These reasons are:
- There isn't a Will
- The Will is not valid
- No one is named as an executor in the Will
- The executors are unable to act
Who can apply for Letters of Administration?
You can apply for the Letter of Administration if there is not a valid Will, and you are:
- 1Married or in a civil partnership with the person who has died
- 2A child of the person who has died
- 3A grandchild of the person who has died
- 4A parent of the person who has died
- 5A sibling of the person who has died
- 6A niece or nephew of the person who has died
- 7Any other relative of the person who has died
Depending on whether another party applies for the Letters of Administration, applicants will be granted administration in the priority order set above.
