Fixed Probate Fees, call:

0800 612 6105

Alternatively local rate:

0203 985 9554

Probate when there’s a Will

There are a few steps that need to be in place in order to probate a will. In the first instance probate, which is the jurisdiction awarded by the court to administer a will, can only be granted if a will is ‘testate’. This means that a legally valid will has been made for the estate of a deceased person.

Although it is not always the case, a legitimate will normally appoints an executor to handle the process of administration. This may be a family relative, or a solicitor. It could also be a close friend, or professional colleague of the deceased. The person named as the executor of a will may also be a beneficiary.

The executor may decide to handle the administration of the will themselves, or they may choose to appoint someone else to handle the process. It is the responsibility of whoever has been tasked with the administration of the will to obtain a grant of probate.

The application for probate is made to the Probate Registry. This is an essential requirement to carry out any of the fundamental administration tasks on an estate. Without probate an executor cannot access any bank accounts or sell any property.

Before an executor, or administrator, can probate the will they will need to evaluate the estate. This will involve calculating the value of all of the assets such as property, money, pensions, shares or businesses. They will then need to calculate all of the liabilities including creditors, loans, mortgages, and funeral expenses. Once the accounts have been balanced it will be clear whether or not the estate is liable for inheritance tax (this can be levied on estates valued above £325,000).

For some expert help and advice call our free advice line. Our dedicated probate team are able to offer you an accurate, up-to-date, confidential advice service. They can help explain any probate problems with the respect and sympathy that you require at such a difficult time. Call 0800 612 6105, lines are open until 10pm, 7 days a week.

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