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.
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.