Probate administration service

We are able to provide a complete Probate Administrative Service, where we will take full responsibility for obtaining a Grant of Probate or Letters of Administration, and deal with the administration of the estate.  This service includes:-

(i) an initial face to face meeting with an experienced member of our team;

(ii) we will check the validity of the Will (if applicable);

(iii) we will undertake all necessary correspondence to ascertain the value of  the assets in the estate and the extent of the deceased person’s liabilities.  We will correspond with HMRC where relevant and complete the appropriate tax forms, or arrange for that to be done.

(iv) we will prepare all documentation required and take all steps necessary to obtain the Grant of Probate or Letters of Administration, to include paying any tax due to HMRC prior to obtaining the Grant;

(v) upon receipt of the Grant of Probate or Letters of Administration, we will collect in the assets comprised in the estate;

(vi) we will conduct all correspondence with HMRC which is relevant to settling the amount of Income Tax, Inheritance Tax or Capital Gains Tax that may be payable during the estate administration process;

(vii) we will correspond with all creditors of the estate and, as far as possible, settle all debts and liabilities from the estate;

(viii) if appropriate, we will place Statutory Notices in the London Gazette and  a local newspaper;

(ix) we will prepare the final accounts for the estate and obtain the approval of the Executors or Administrators.  We will check the identity of all beneficiaries of the estate undertaking bankruptcy searches in respect of the beneficiaries, and we will submit the estate accounts to them with the forms of receipt in respect of their entitlement. The estate will be distributed in accordance with the estate accounts;

(x) in the event there are one or more properties in the estate, we will arrange for our conveyancing department to deal with the transfer or sale of the property/properties with the agreement of the Personal Representatives.  Before any such work is undertaken, our conveyancing department will provide you with an estimate of fees for the work to be undertaken.

Expected Timescales

On the assumption that the estate is relatively simple, all assets are based in the United Kingdom, and there are few, if any, assets that would complicate the process, we would expect the administration of the estate to be completed within a period of between 12 to 18 months.  In many cases, it is not in fact advisable to distribute the estate within 6 months of the issue of the Grant of Probate or Letters of Administration.

It will normally take a period of between 3 to 4 months following the initial appointment to ascertain the value of the assets and liabilities of the estate.

The information will be used to draft the estate Return or alternative documents which will be submitted to the Executors or Administrators for approval and signature.  This process will usually take approximately one month.

If the Return does not have to be sent to HMRC the application for the Grant can be submitted to the Probate Registry. The Grant should then be issued within a period of approximately 6 to 8 weeks.

If the estate Return is submitted to HMRC they have a period of 3 weeks to consider the documentation.  At the end of that period the application for the Grant can be made and should be available within a period of 3 to 6 weeks.

When the Grant is available it will be used to close the deceased’s bank/building society accounts and investments and to sell or transfer shares and any property.  This process can take a further 6 to 12 months depending on the nature and complexity of the estate.  During this period we would normally undertake an interim distribution to the beneficiaries.  It may also be necessary to finalise Inheritance Tax, Income Tax and Capital Gains Tax liabilities with the completion of a Tax Return.

Once all outstanding issues are concluded the estate accounts will be drafted for approval and thereafter there will be a final distribution to the beneficiaries.  This process will usually take a further period of between 4 to 6 weeks.