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Probate

If a friend or relative has died, you may be involved in resolving their affairs. If their assets are worth more than £5,000 you will need to apply to the probate registry before you can do this. You will need to obtain a grant of probate if there is a will or a grant of letters of administration if the person died without make a will. A solicitor experienced in probate can help with this application and with the distribution of the assets to beneficiaries and the payment of any inheritance tax due. England and Wales have different rules to Scotland, so make sure you choose a solicitor from the jurisdiction where the deceased was resident.

Where the deceased left a will

The will usually names one or more people as the executors of the will. Anyone named as an executor is entitled to apply to the probate registry for a grant of probate, which gives the power to deal with the assets of the deceased.

Where the deceased did not leave a will

If the deceased has died without making a will they are described as intestate. Close relatives are entitled to apply to the probate registry for a grant of letters of administration, which is the equivalent of a grant of probate for the estate of people who die intestate.

When is it not necessary to apply for probate?

• If the assets of the person who has died are worth less than £5,000
  
  
• Where everything they owned was held in joint names with somebody who will automatically receive their shares, such as a husband or wife or a civil partner
  
  

Solicitors’ fees

Some solicitors will base their charges on a proportion of the value of the estate. Others will charge an hourly rate. There will be separate conveyancing costs if there is a property to be sold. Rates charged by solicitors for probate work can vary hugely so it is worth shopping around and getting quotes from several solicitors.

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