Applying For Probate

Applying for probate is an integral part of the estate administration process. Until you obtain probate, you may be unable to deal with the estate’s assets and fulfil your duties as an executor or administrator.

At Birch & Co., our dedicated wills and probate solicitors routinely assist clients in applying for probate. Our advice is concise and straightforward, and we will never confuse you with legal jargon. Instead, we will explain the process of applying for probate in plain English, offering support and guidance throughout.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

“I cannot fault the professionalism and helpfulness throughout what has been a difficult time. I would not hesitate to use your services again and would recommend you to others.” (Mrs Surtees)

What Do You Need To Do When Applying For Probate?

When a person dies, those left behind are entrusted with administering their estate. Ordinarily, this involves undertaking the following tasks:

Registering the death.
Obtaining copies of the Will, if there is one.
Arranging the funeral. Sometimes, the deceased may leave instructions for their funeral in the Will.
Valuing the estate. This includes collating the estate’s assets, valuing them, with the assistance of professional valuations of where necessary, and ascertaining how much money the deceased held in bank and building society accounts.
Establishing the estate’s debts and liabilities, which must be cleared before the estate is distributed among the beneficiaries.
Applying for probate to confirm their entitlement to deal with the estate.
Clearing debts and liabilities.
Paying any inheritance tax that is due on the estate.
Distributing the estate between the beneficiaries.

What you need to do when applying for probate differs depending on whether the deceased left a Will.

• Applying For Probate When There Is A Will

When the deceased leaves a will, they will nominate the individuals they wish to act as their executors. Often, they choose those family members and friends they trust to carry out their wishes and who have the capability and time to discharge the onerous duties placed on executors. Sometimes, though, they may opt for professional executors, especially if their estate is worth a lot or particularly complex.

Before they can commence estate administration, executors usually need to apply for a Grant of Probate. You can apply for a Grant without professional advice, but since the application necessitates considerable preparatory work, many executors seek legal advice to ensure their application is accurate and watertight. If there are errors in your application or you do not submit the correct documentation, your application will be delayed.

• Applying For Probate When There Is No Will

When there is no Will, the deceased’s next of kin can apply for the role of administrator. If there are several individuals entitled to apply, such as the deceased’s children, they can all act together, or some of them may decide to step back.

Administrators do not apply for a Grant of Probate. Instead, they usually need a Grant of Letters of Administration to carry out their duties. Like executors, many administrators seek legal advice to ensure they apply correctly and obtain the Letters of Administration as quickly as possible.

Do I Need To Apply For Probate?

Most executors and administrators need a Grant of Probate or Letters of Administration before they can administer the estate. These legal documents evidence their entitlement to access the deceased’s assets.

You must apply for probate if you need to deal with the deceased’s solely owned property, for example if you need to sell their house or rent it out. However, if the estate does not include any solely owned property, there are some circumstances in which you may not need to apply for probate. They include the following:

The deceased owned all their property jointly with someone else, such as their spouse. In these cases, ownership will automatically pass to the other owner, and the property will not form part of the deceased’s estate.
The estate comprises only personal effects, such as vehicles, jewellery, and furniture.
The funds held in the deceased’s bank or building society accounts are below the particular institution’s probate threshold. Each bank or building society decides its own probate threshold and may agree to release funds below that threshold without seeing a Grant of Probate or Letters of Administration. The range of probate thresholds is broad. Some institutions will release funds of up to £50,000 without the executors or administrators applying for probate. Others require a Grant of Probate or Letters of Administration for anything over £5,000.

How Can We Assist You In Applying For Probate?

At Birch & Co., we offer a comprehensive probate service at highly competitive rates. Our expert probate solicitors can undertake as much or as little of the work on your behalf as you require. Some clients seek assistance with applying for probate and then go on to administer their estate on their own. Others prefer to have professional support throughout to ensure they adhere to the wishes of the deceased and abide by their legal duties. Whatever degree of support you require, you can be confident of receiving the very best legal advice coupled with exceptional client care.