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Obtaining a grant of probate
The process to obtain a grant of probate depends on the specific circumstances of each case. It can take three to four months to have the necessary information to apply for the grant of probate. This does depend on the financial institutions and whether a property needs to be valued.
The completion of the matter also depends on third parties such as HMRC (in particular if there is inheritance tax to pay) and the Probate Registry. The wording of the will and the intestacy rules can also affect the timescale, as our team at PJE Solicitors will need to contact all beneficiaries and may need to instruct a genealogist company.
Generally a straightforward estate administration can take twelve months to complete. For more information, see below or contact us in Pontypridd.
Probate
Transparency document
At PJE Solicitors we offer two services in relation to estate administration and probate matters.
Firstly, we offer a full estate administration service - this comprises the following (as a guide only – each case is different and requires bespoke advice):
We offer an initial meeting so that we can review the will and advise you on the same.
If there is no will, then we can advise you of the intestacy rules and how these will apply. We will complete a full estate questionnaire with you to gather the necessary information in order to deal with the estate.
Once instructed we will write to all asset and liability holders to establish the date of death balances.
We will check the ownership of any properties or land with the Land Registry.
We can arrange for any property to be valued, either by a local estate agent, or if necessary by a RICS (Royal Institute of Chartered Surveyors) qualified surveyor.
Once we have the information we require, we will complete the paperwork to apply for probate. At this stage we will review the assets and liabilities and establish whether the estate is subject to inheritance tax – we will advise you of this and how to pay the tax.
We will submit the paperwork to the Probate Registry, this will either be done via our online portal with the Probate Registry or via the post.
Once we receive the grant of probate we can advise you of the need to place statutory notices.
We will collect in all the assets and pay any liabilities.
We will contact all beneficiaries named in the will, or those entitled under intestacy and settle any legacies.
We will prepare draft estate accounts for approval and then distribute the estate in accordance with the will or the intestacy rules.
Additional work that will not be required in all cases:
In some cases it will be necessary for us to consult with a genealogist company - particularly in relation to cases where there is no will (intestacy). This is to establish that the correct person is instructing us. We may also require a genealogist family tree to establish the correct beneficiaries of the estate.
Any work that is carried out in relation to properties, such as sales or transfers, are dealt with by our conveyancing department. There is a separate charge for this work and they will advise you of this.
We may also require the advice of an accountant, particularly in relation to income tax and capital gains tax. There is a separate charge for this and we will advise you before we instruct an accountant.
Our fees
Please note VAT is currently 20% and this is correct at the time of posting.
Full estate administration – work to include the listed information above
We can provide you with a detailed estimate once we have reviewed your instructions.
We carry out the work at hourly rates (see below), however we can provide the following as a guide:
A typical non taxable estate, with clearly identifiable beneficiaries would be in the region of £3,000 - £5,000, plus VAT and the disbursements listed below.
A taxable estate would be in the region of £4,000 - £7,000, plus VAT and the disbursements listed below.
Please see further information below regarding intestacy cases and any extra work that needs to be carried out.
If the matter is a high value or a difficult case then we reserve the right to add a value element as follows:-
Solicitor not acting as an Executor
Value of gross estate less residence 1% plus VAT
Value of residence 0.5% plus VAT
Solicitor acting as an Executor
Value of gross estate less residence 1.5% plus VAT
Value of residence 0.75% plus VAT
These charges would be notified to you in writing prior to them being applied to your account with us.
Hourly rates of the solicitors working in the department:
Phillip John Evans
Solicitor, Senior Partner
£260 plus VAT
Laura Miles
Associate Solicitor
£240 plus VAT
Jonathan Mogford
Solicitor
£230 plus VAT
Legal services
