Immediate Issues - Assisting you with obtaining probate in England and Wales
Immediate Issues
Register the Death – this must be done within five days at your local registry office. Thereafter you will be issued with a death certificate.
Arrange the Funeral – if there is a Will, check the contents as this may contain the wishes of the deceased in respect of burial or cremation
Collection of Data
Obtain valuations of any properties or high value assets that the deceased owned.
Obtain details of any bank accounts and financial assets this would include any investment accounts (such as with NS&L), premium bonds or shares that the deceased held.
Find insurance policies did deceased have a life insurance policy in place
Obtain details of any pensions that the deceased had or had the benefit of.
If necessary, undertake a financial assets search
Look for debts or liabilities did the deceased owe any money?
Report to HMRC
If we fund that Inheritance Tax is payable, we will apply for an Inheritance Tax Reference Number.
Once we have all the information we require, and (if applicable) the Inheritance Tax Reference Number, we will assist you in filing the necessary application to HM Revenue & Customs.
It is at this stage that the Inheritance Tax, if any, is calculated. It is also at this stage that you may need to make payment towards any Inheritance Tax. This depends on the nature of the assets and whether you have requested to pay any Inheritance Tax in instalments. Inheritance Tax is generally payable within six months of the deceased’s death, and we will advise you of if and when any payment needs to be made.
The Grant
Once HM Revenue & Customs have approved the application (or within 20 working days of submitted the application to HMRC, whichever is sooner), we will assist you with applying to the HM Courts & Tribunals Service’s Probate Registry for either a Grant of Probate (with a Will) or Letters of Administration (no Will).
The Administration
Once the Grant of Probate or Letters of Administration has been issued, we will collect in the assets, pay any debts, discharge any specific bequests and thereafter distribute the estate either in the terms of the deceased’s Will or pursuant to the rules of Intestacy.
We can also assist with selling any property the deceased held.
Time Scales
The time it takes from death to receipt of the relevant grant depends on several factors (both in respect of the nature of the deceased’s assets, any foreign element of the estate or even delays at HM Revenue & Customs or with the Probate Registry), however, as a guide, the probate process can take between 6-12 months.
Although unexpected things can happen resulting in it taking longer to obtain the Grant, the following is an example of an uncomplicated case:
Calculating the value of the estate and submitting the relevant application to HM Revenue & Customs – approximately 2-4 months.
Obtaining a Grant of Probate of Letters of Administration – approximately 2-3 months.
Collecting the assets, paying any debts and distributing the balance of the estate to the beneficiaries – approximately 3-6 months.