Evaluation of UK Assets and Tax Settlement
Before seeking probate, the executor must create an inventory of the deceased’s assets and identify debts and liabilities that need to be settled. Before proceeding to probate and distribution, any tax due on the estate, such as inheritance tax, must be paid to HMRC.
As well as inheritance tax, there may also be capital gains tax and business property relief to be considered when dealing with an estate. For more detailed information on these taxes, visit our page on What is Included in an Estate?. Speak to our probate solicitors today for expert guidance on navigating these complex issues.
Probate Process – Obtaining Probate
To commence probate, the executor must obtain a Grant of Probate from a court to confirm the Will’s validity. Once established that there is a valid will, the executor can begin the process of distribution.
Probate is always required when:
- Real property, such as a house, is involved (unless the entire estate passes to a surviving spouse and there is no real property).
- The cash value of the estate is less than £5,000.
The effect of granting probate is to provide legal authority to access the deceased’s bank accounts, which is important for covering funeral costs.
Appointment of Alternative Executor
An executor may be chosen to handle the estate’s administration alone or in collaboration with a second person as joint executors. If an executor feels unable to fulfil their duties, a second executor or another person can take over.
Obtaining Probate in Intestacy
If an individual dies without a Will, or the Will is invalid, or no executors are named, their estate falls into intestacy. In these circumstances, a next of kin can apply to court for Letters of Administration. The person granted Letters of Administration is known as the administrator. Eligible relatives to serve as administrators follow a priority order:
- The married or civil partner of the deceased.
- A child of the deceased.
- Grandchild of the deceased.
- Parent of the deceased.
- Brother or sister of the deceased.
- Nephew or niece of the deceased.
- Any other relative.
To be approved for probate, the probate registry requires an interview to assess the fitness of the nominated executor. Our probate and estate administration lawyers can guide you through this process. For more information on intestacy, visit our page on Probate without a Will.
Mortgages
If a mortgage on real property is inherited, either the mortgagor will require repayment from the estate or the individual inheriting will have the mortgage transferred to their name.
Probate Fees
If the value of the estate is lower than £5,000, no fee is required for applying for a Grant of Probate. Above this amount, the fee is £215. Lower-income individuals can have their fee reduced or waived. For more details on probate fees, visit our page on Probate Fees.
How Lewis Nedas Law Can Help
Our probate solicitors offer comprehensive support throughout the estate administration process:
- Expert Guidance: We provide clear and practical advice on navigating the probate process, ensuring compliance with all legal requirements.
- Estate Valuation: Our team assists in valuing the estate, identifying assets and liabilities, and ensuring that all necessary taxes are paid.
- Probate Application: We help prepare and submit probate applications efficiently, whether online or by post.
- Dispute Resolution: If disputes arise among beneficiaries or executors, our solicitors can mediate and resolve these issues effectively.
We pride ourselves on delivering professional service at reasonable pricing levels, ensuring that our clients receive the support they need during a difficult time.
Frequently Asked Questions About Probate
What is the purpose of probate?
Probate is necessary to establish the legal authority to manage a deceased person’s estate, including accessing bank accounts, selling properties, and distributing assets according to their will or the laws of intestacy.
Can probate fees be paid from the estate?
Yes, probate fees can be paid from the estate. This is a common practice, as the estate covers all administration expenses, including the cost of obtaining probate.
How long does the probate process take?
The probate process typically takes several months to complete, depending on the complexity of the estate. The more complex the estate, the longer the probate process will take.
What happens if there is no will?
If there is no will, the estate falls into intestacy. In this case, a next of kin must apply for Letters of Administration to manage the estate according to the laws of intestacy.
How much does probate cost?
The cost of probate can vary significantly depending on the complexity of the estate. For a detailed breakdown of costs, visit our page on How Much Does Probate Cost?
Contact our Probate Solicitors in London
If you need expert probate advice or assistance with estate administration, contact Lewis Nedas Law today on 020 4572 1505 or complete our online enquiry form. Our dedicated team of probate solicitors is here to provide guidance and support throughout the probate process, ensuring that the deceased’s wishes are respected and their estate is managed efficiently.
