A guide to Probate

What is a grant of probate?

We often get asked this by our clients and it’s no surprise, when after suffering the loss of a loved one, you receive requests using unfamiliar language with no guidance as to where to turn next.

In simple terms Probate is a document which gives the legal authority to manage the estate of a person who has passed away. The dictionary defines probate as the official proving of a will, however nowadays probate is referred to as the process of dealing with someone’s estate after they have died.

The grant of probate is applied for by the executor’s named in the deceased’s will or the person with the authority under the rules of intestacy, when someone dies without a will.

An executor is responsible for all legal and financial responsibilities within the estate as follows:

  • Securing any property owned by the deceased and ensuring there is adequate insurance in place
  • Completing a schedule of all assets held in the name of the deceased
  • Obtaining accurate valuations of all assets as at the date of death
  • Completing Inheritance Tax accounts
  • Completing Probate papers
  • Arranging payments of inheritance tax
  • Collecting in all assets and money due to the estate
  • Selling or transferring property
  • Paying any outstanding taxes and liabilities
  • Obtaining clearance from HM Revenue and customs
  • Completing full estate administration accounts
  • Distributing the estate to the beneficiaries named in the will (or the beneficiaries under the rules of intestacy if there is no Will)

At Boyletts law we offer a full probate and estate administration service. As qualified lawyers specialising in this area of law, we are able to assist you in a way that suits you as follows:

  • Advising on the validity of a Will
  • Advising on the rules of intestacy
  • Acting on your behalf in connection with obtaining a grant of probate in a non-taxable or taxable estate
  • Assisting with the calculation of inheritance tax and advising on the available payment options
  • Acting on your behalf in connection with estate administration to include all of the following;
  1. Obtaining accurate valuations of all assets as at the date of death
  2. Securing property and arranging suitable unoccupied property insurance
  3. Corresponding with all beneficiaries
  4. Completing the inheritance tax account
  5. Completing the probate papers
  6. Collecting in all assets in the estate
  7. Settling inheritance tax
  8. Paying all liabilities in the estate
  9. Making payment of legacies
  10. Arranging the sale of property
  11. Arranging house clearance
  12. Obtaining clearance from HM Revenue and customs
  13. Distributing the Estate among the beneficiaries
  14. Preparing full estate administration accounts

At Boyletts law we charge a fixed fee for all of our services which are inclusive of all work required to act for you in connection with your matter. We do not charge at an hourly rate and we do not charge a percentage of the value of the estate. Our fixed fee is inclusive of all meetings, emails, telephone calls and correspondence. This ensures that you do not receive any unexpected bills and gives you the freedom to contact us at any time should you have any questions or queries throughout the process.

In most cases our fees are payable directly from the estate and therefore we do not require any monies on account of our charges.

Please contact us on the telephone number below to arrange a no obligation consultation, or alternatively, please complete our online enquiry form and we will be in touch within 24 hours.

Should you prefer not to attend the office, we do offer an online probate service.

We look forward to welcoming you to our offices very soon and please feel free to telephone us at any time and will be happy to answer any of your questions.

Make an enquiry

If you would like to arrange an appointment please contact our friendly team today on 01279 295047

or by completing our online enquiry form.

Office hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 8pm
Friday 9am - 5pm
Saturday 10am - 2pm
Appointments outside of these hours are available on request.

Appointments

We have FREE onsite parking, disabled access and in addition to meetings at the office, we are able to arrange appointments by Zoom, Skype, FaceTime or telephone.
We also offer free home visits if required.