Probate FAQ
Below are some of the questions we are most frequently asked about Probate and deceased estates. Please click on a link to see that question.
- What is probate?
- Who is entitled to make an application for probate?
- Do I have to go to Court to make an application for Probate?
- What is involved in making an application for Probate?
- What happens when probate has been issued?
- Will the estate be liable to pay Inheritance Tax?
- Who pays for the legal fees?
- How much does it cost to administer an estate?
- Do we have to apply for Probate?
What is probate?
Probate is the procedure involved when administering a deceased’s estate. It is a court order allowing an appointed person to legally deal with a deceased’s assets.
If the deceased made a Will then an application for the Grant of Probate will need to be made.
If the deceased died without making a Will (intestate) that an application for the Letters of Administration will need to be made.
Please contact us today for a consultation. Our expert Solicitors will be able to advise you on the procedure of administering an estate.
Back to top of Probate FAQ.
Who is entitled to make an application for probate?
This depends on whether the deceased made a Will. The Will would have appointed and Executor(s). It is the Executor(s) who makes an application for the Grant of Probate.
If the deceased died without making a Will (intestate) then the rules of intestacy determine who is entitled to make an application for the Letters of Administration.
Please contact us today for a consultation. Our expert Solicitors will be able to advise you on the procedure of administering an estate.
Back to top of Probate FAQ.
Do I have to go to Court to make an application for Probate?
If you are making an application for Probate through a Firm of Solicitors you will not need to attend Court. We will make the application on your behalf.
Back to top of Probate FAQ.
What is involved in making an application for Probate?
An oath needs to be sworn by the person making an application 
for Probate. Part of the process also includes the production of information for HM Revenue & Customs.
Back to top of Probate FAQ.
What happens when probate has been issued?
Once Probate has been issued, we can start collecting the assets in the estate. After the assets have been collected they will be distributed in accordance to the Will or the rules of Intestacy.
Back to top of Probate FAQ.
Will the estate be liable to pay Inheritance Tax?
This will depend on the value of the estate. There are some exemptions in paying inheritance tax.
Please contact us today for a consultation. Our expert Solicitors will be able to advise you on the procedure of administering an estate.
Back to top of Probate FAQ.
Who pays for the legal fees?
Usually the majority of the fees are paid from the estate after a final account has been agreed and all the assets have been collected.
Back to top of Probate FAQ.
How much does it cost to administer an estate?
The value of the Estate will normally determine the fees that we charge.
Please contact us today for a consultation. Our expert Solicitors will be able to advise you on the procedure and costs of administering an estate.
Back to top of Probate FAQ.
Do we have to apply for Probate?
If the deceased only had an asset under the value of £5000.00 i.e. A bank account then it may be possible to collect the money through the Small Estates Procedure without having to apply for Probate.
Please contact us today for a consultation. Our expert Solicitors will be able to advise you on the procedure and the costs of administering an estate.
Back to top of Probate FAQ.
