The term ‘Probate’ refers to the process of dealing with the administration of a deceased individual’s estate. It is quite literally the Latin word for ‘prove’, which makes sense, as the definition of Probate means you’ll be proving the Last Will and Testament of the deceased.
The Probate of a will involves a collection of duties and key responsibilities that ensure that the deceased’s assets are correctly distributed and their last wishes are carried out. It is quite a standard process, and you will likely find that there are pathways for you to follow; however, not every type of estate demands probate.
For example, if an estate includes one or more assets held with a secondary party, such as a jointly held bank account with a spouse, or commercial assets co-owned with a business partner, then the asset will pass directly onto the surviving co-owner. This is known as survivorship.
Probate is a process that most people wish to do efficiently and without delay, but we at Kingsfords also understand that administering an estate can be an emotionally fraught experience. Our probate solicitors and lawyers all take a proactive and sensitive approach to each individual client’s case and needs.
If you’d like more specialist advice suited to your circumstances, you can speak to one of our probate solicitors and lawyers in Ashford, Cranbrook and Hythe.
Please know that this blog is for informative purposes only and should not be taken as legal advice.
Who applies for probate?
The person who needs to apply for probate is called the Executor. There can be multiple Executors, and they will all be named in the Will.
In the event that the deceased died intestate (died without a will), then the rules of intestacy will dictate who has the duty to apply for probate. This means filing a document called a Grant of Letters Administration.
If you’re unsure about how to set about applying for probate, you can talk to a Wills, probate, and powers of attorney solicitor and lawyers, who specialises in probate applications and has an expert knowledge of testimonial law. Kingsfords also provides a range of specialist solicitors and lawyers services for elderly clients, ensuring that our approach is easy and friendly for vulnerable individuals.
What are the costs of applying for probate?
This depends on the value of the estate. If the estate is valued at over £5,000, then the application fee is £300. If the estate is less than £5,000, then there’s no fee to pay.
There are also the additional costs of legal support, but the vast majority of the time, these are covered by the benefits of the estate once administration is completed.
How long does probate take?
Typically you can expect to receive the grants of probate or letters of administration within 16 weeks of when you successfully submitted your application. If you are asked for additional information then you may experience further delays. Working with a legal professional can help to mitigate these delays as whilst this could be your first and only time applying for probate, they help people make these applications all year round.
Another factor that could negatively affect the probate timeline is the risk of contentious probate or will disputes. Sometimes, the execution of the will is interrupted by disagreements that arise in the close circle of the departed. A contentious probate and Will dispute solicitor can help sort these matters as fairly and efficiently as possible, preferably outside of court, so that probate can continue.
Do I need a solicitor for probate?
You are under no legal obligation to hire a probate solicitor. However, it is highly advisable that you do work with a professional as the sheer number of tasks and sensitive nature of the duties of the Executor / Administrator can become quickly overwhelming, particularly following a recent bereavement.
By working with a solicitor, you can get help with steps of the process that you may not even know exist. Dealing with property probate, for example, means you must particularly focus on accurately valuing the individual assets of the estate. Failure to do so, or a delay in doing so, can lead to a mistake in filing the inheritance tax, which can quickly incur fines and further stress.
Similarly, if you are in charge of sorting out probate inheritance or inheritance probate then you’ll need to be extra cautious in settling debts and valuing the entire estate correctly. There are tax-friendly ways of both organising and executing an estate, allowing you to protect your assets and those of the person who gifted them to you.
Speak to our Probate and Estate Administration solicitors and Lawyers today
It is understandable to want to avoid the topics of death and probate, but by making the most of your Will and the powers afforded to you by probate law, you can help to preserve your own wishes for after your passing, as well as those of your loved ones.
If you’d like more specialist advice suited to your circumstances, you can speak to one of our solicitors in Ashford, Cranbrook and Hythe.