Experienced Probate Solicitors

To get the support you need, call 0151 236 8871 or book a call with our legal experts.

Probate is when someone is given the legal right to deal with an estate, including finances when somebody dies.     

It maybe that a grant of administration is required.

There are different levels of probate depending on each individual situation and we have specialists who can assist.

What is probate?

Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die. 

You need to apply to HMCTS (Probate Registry) to get probate.

If there is a Will, the Executors named are responsible for applying. If there is no Will, the closest living relative can apply.

Once probate is granted you will be able to deal with the estate by closing down bank accounts, selling property and encashing shares etc.

When is probate required?

It is not always necessary to apply for Probate. You may not need probate if the person who died only had savings, if they owned shares or money with others (jointly) or if they owned land or property as ‘joint tenants’ with others as this automatically passes to the surviving owners.

Probate will be required if the person who has died owned a property in their sole name or jointly as ‘tenants in common’ of if they had significant savings or shares in their sole name.

Banks and organisations have their own rules for when probate is required. You should contact each financial organisation the person who died used (for example, their bank and mortgage company) to find out if you’ll need probate to get access to their assets.

How long does probate take?

In order to apply for probate you must first gather information about the estate, such as the value of any property owned by the person who has died, how much money they had in bank accounts, investments and anywhere else along with details of any debts that they owed. It can take some time to gather this information, especially when you are grieving.

You must also work out if Inheritance Tax is due.

Once probate is applied for, it can take a number of months to be issued by the Probate Registry. Currently, the Probate Registry advises that a Grant of Probate will usually be issued within 16 weeks of the application being submitted. It can take longer if the estate is complex or if they request additional information.

If Inheritance tax needs to be paid, it can take a lot longer for probate to be granted as you also have to report to HMRC.

How much does probate cost?

Morecrofts can assist you with applying for a Grant of Probate on a “fixed fee basis” from £1295 plus VAT if there is a Will and £1495 plus VAT if there is no Will. This is on the understanding that the estate is very straightforward and all the information is provided.

There is a Court fee payable to the Probate Registry of £300 if the estate is valued at more than £5,000. You can order extra copies of the Grant of probate at a fee of £1.50 per copy.

There may be other associated costs such as property valuations, asset search fees, land registry fees.

Morecrofts can also assist you with the administration of the estate, taking all the stress and worry from you. We can provide a competitive quote on an individual case basis. Depending upon the size and complexities of the estate, our fees are usually between 1 and 3% of the estate value.

*terms and conditions apply. Contact us for more information on 0151 236 8871 or info@morecrofts.co.uk.