What Is Probate and when is it required?

Probate is the legal and financial process of dealing with the property, money and possessions of a person who has died.

How probate service works?

Probate is the process involved in administering a person’s estate on their death. Either a Grant of Probate or Letters of Administration will usually need to be granted by the Probate Registry before this can take place. There are two slightly different processes involved depending on whether the deceased left a Will:

1. A Grant of Probate is required if there is a valid Will which appoints one or more executors. These executors apply to the Probate Registry for the Grant.

2. A Grant of Letters of Administration is required where the person died ‘intestate’ which means they did not have a valid Will. Where the person died intestate then a close family member will usually apply to the Probate Registry to become an administrator of the estate. (The cost of getting this document starts from £750)

3. Securing the assets – they are now legally responsible for the assets of the Testator and may need to secure the property and belongings e.g. change the locks on the property, switch off utilities etc.
• Insure the assets -they must ensure that the house and contents are insured
• Arrange the funeral – this is an Executor duty, but normally involves the family
• Assess the death estate assets and liabilities
• Calculate whether there is an Inheritance Tax liability, complete the relevant forms, agree with HMRC, and arrange to pay HMRC
• Arrange for the Grant of Probate, which gives legal authority to the Executors to deal with the Estate
• Call in assets
• Pay debts and liabilities
• Complete estate accounts
• Distribute the estate according to the Will

We are Probate Specialist

Prosperity Legal Services ticks all the right boxes. Unlike the other legal representative our fees are fixed and no hidden charges. Also, our services are cost effective and efficient, as we provide a full Probate Service where we take care of all legalities regarding the estates for you.

Probate Services Provided by IWC

We have partnered with IWC Probate & Will Services to offer a fixed fee probate administration service. With their support, you can deal with probate far more easily, and without the unnecessary stress or expense.

Call 020 8150 2010 quoting ref: IWC-PLegal to arrange a consultation or complete the enquiry form below.

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Professional Probate Services

Probate Services

IWC’s specialist probate practitioners provide low-cost probate services across the UK. They agree and fix their fees before they begin, and can either provide simple support and advice for your application or take care of the entire process on your behalf.

Why we recommend IWC Probate Services

WC operates across most of the UK, providing expert Probate and Estate Administration services at low, fixed fees.

They provide no-obligation home consultations for probate and probate related services.

  • Fixed-fee Probate 
  • Expert legal advisors on-hand to help you
  • 5 Star Excellent reviews on Trustpilot
  • Guaranteed Fixed Fees
  • Legal Professionals
  • Save Time and Money

Contentious Probate

Are you unhappy with how the Will was made? Do you think the Will was signed under pressure, or without sufficient mental capacity? 

Do you have concerns as to how an Executor is managing a loved one’s estate?
Our Dispute Resolution team deals with Will disputes, Estate disputes, Trust disputes and Court of Protection disputes, and we act for: individuals; executors and administrators; trustees; charities and banks.
Examples of cases we deal with include
• Inheritance Act claims – where inadequate provision has been made under a Will
• Claims regarding the validity of a Will
• Disputes relating to the interpretation of the terms of a Will
• Claims regarding agreements made with the deceased before death, particularly with regards to the disposal of the Estate
• Disputes over the identification of beneficiaries.
• Liaising with the Probate Registry in respect of any disputes
• Claims for and against Executors, Personal Representatives and Trustees, particularly where there is alleged breach of Trust, or to remove or substitute parties.
• Disputes relating to Trusts
• Claims for the rectification of Wills and Trusts
• Contentious Court of Protection matters
• Disputes over who should be appointed as a Deputy
• Disputes over who should benefit under a Statutory Will
• Lodging a Caveat against an Estate via the Probate Registry  

Reason to Buy Our Plans

Cost Savings

Inflation Proof

No Burden to Family

Safe Gurding your Plan

For a fixed price quote, call our Team of expert or Request a callback and we will call you.

What we Do ?

It is the responsibility of the Executors/Trustees appointed in a Will to administer the estate, but there is more to the role than many people realize. The moment the Testator (the person who has made the Will or given a legacy) dies, the role of the Executor(s) (person or institution appointed by a Testator to carry out the terms of their Will) begins and there are some very important initial duties:

• Securing the assets – they are now legally responsible for the assets of the Testator and may need to secure the property and belongings e.g. change the locks on the property, switch off utilities etc.

• Insure the assets -they must ensure that the house and contents are insured

• Arrange the funeral – this is an Executor duty, but normally involves the family

• Assess the death estate assets and liabilities

• Calculate whether there is an Inheritance Tax liability, complete the relevant forms, agree with HMRC, and arrange to pay HMRC.

• Arrange for the Grant of Probate, which gives legal authority to the Executors to deal with the Estate

• Call in assets

• Pay debts and liabilities

• Complete estate accounts

• Distribute the estate according to the Will

Frequently asked questions

Applying for the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die is called ‘applying for probate‘. If the person left a will, you’ll get a ‘grant of probate‘. If the person did not leave a will, you’ll get ‘letters of administration’.

In the vast majority of cases, you’ll need to obtain a grant of probate to act as the executor of someone’s estate. You may not need a grant of probate if the estate is worth less than £10,000, or if the deceased owned everything jointly with someone else, so that the ownership transferred on their death.

If Probate is needed but you don’t apply for it, the beneficiaries won’t be able to receive their inheritance. Instead the deceased person’s assets will be frozen and held in a state of limbo. No one will have the legal authority to access, sell or transfer them.

3-12 months
 
The probate process can take anywhere from 3-12 months – sometimes even longer in more complex cases. This covers everything from collecting information about the estate to distributing assets to beneficiaries.

While the presence of a Will can make the Probate process quicker, this is not always the case. On average, in England and Wales, it takes between 9 and 12 months to obtain the Grant of Probate and to complete the Estate administration process, regardless of whether or not there’s a Will.