Probate Process

Once a death has been registered and the funeral is being organised (or has been held), it will be time for the estate administration to begin.

Broadly speaking there are four stages in administering an estate: -

1. Gathering the relevant information about the deceased and their assets and liabilities.
2. Using this information to prepare the documents required to apply for the Grant of Representation, including any HMRC forms, as well as organising payment of any tax.
3. Obtaining the Grant of Representation and gathering in assets so legacies and liabilities can be paid. Interim payments can usually be made within 6 weeks of the Grant of Representation being issued as funds are available.
4. Ensuring that any Income Tax liability has been paid for the deceased up to the date of their death, and then for the estate, and that all other tasks have been completed. Preparing the Estate Accounts and making final distributions.

The process for obtaining a Grant of Representation depends on whether the estate is liable for Inheritance Tax and if the deceased made a valid Will. Two types of the Grant of Representation are a Grant of Probate and a Grant of Letters of Administration.

If the deceased made a Will the document confirming the validity of the Will is called a Grant of Probate. It lists the names of the Executors. If there is no Will the document which may be required to deal with certain assets is called the Grant of Letters of Administration.

Grants of Representation are not always needed, for example if a spouse dies only owning jointly held assets with their spouse, most likely, a Grant of Representation will not be needed.

If the estate is not liable for Inheritance Tax the executors need to declare to the Probate Registry the gross and net values of the estate in order to obtain the respective Grant.

If the estate is liable for Inheritance Tax the Executors will need to submit their approved Inheritance Tax Account to HMRC and pay the requisite tax before the application for the Grant of Probate can be made.

Our probate team has two STEP qualified solicitors, a chartered paralegal and two legal assistants who are all very experienced in estate administration. The team will make the whole process understandable for you; they will undertake the tasks involved in a timely and organised manner so you and your family can focus on your loss without additional stress.