Laura Stafford
Solicitor & Head of Private Client
Phone: 0113 200 7480
Email: ls@averywalters.com
Our Private Client Specialist's Guide to Probate
We provide a free initial no obligation consultation to discuss any estate, confirm whether you require probate, discuss your options, costings, the process and likely timescales.
What should you bring to your meeting?
For your initial meeting we will need to see: -
1. Any Will
2. The original death certificate
3. Your identification
4. Any paperwork you wish to discuss.
The meeting should ideally be with all appointed executors. If there is no Will, we can meet with family members or next of kin.
What is probate?
Probate is a document issued by the probate registry (part of the court system) which names who has the legal authority to deal with the estate of a deceased person. This document, once received, allows the named individuals to cash in and close accounts of the deceased and sell or transfer property.
What are the different types of 'probate'?
Probate is widely referred to as a ‘Grant of Representation’ and the name differs depending on if there is a Will and who applies/how the application is made.
1. Grant of Probate if there is a Will with named and acting executors.
2. Letters of Administration if there is no Will.
3. Letters of Administration if there is a Will but perhaps there are no living executors or any willing to act or where an executor appoint an attorney.
When is probate required?
A Grant of Representation is not always required to deal with a loved one’s estate. This may be the case where their assets are held in joint names, are low value and don’t include property.
Some investments, pensions and polices can be ‘nominated’ to be received by a particular individual and therefore dealt with directly by the pension or policy provider meaning that a Grant of Representation is not always needed to deal with these types of assets.
A Grant of Representation is always required where the deceased owned a property solely or as tenants in common with another individual. A Grant of Representation is often required where sole accounts, ISAs, investments, stocks and shares or other high value holdings form part of the estate.
How can Avery Walters Help?
Avery Walters can provide assistance in the following ways: -
1. An initial free consultation to provide guidance with no obligation to proceed.
We will meet with personal representatives to discuss the terms of a Will, or advise on the rules of intestacy, discuss whether a Grant of Representation is required, provide general advice, and set out available options or next steps.
2. A fixed fee limited retainer to obtain a Grant of Representation for the personal representatives.
We can assist by making the application to the probate registry on your behalf after drafting the required probate application paperwork. This is based on you valuing the estate and providing the relevant information to us for the application; we can confirm what information we need at the outset. Upon receipt of the Grant of Representation, you are then responsible for closing accounts and collecting in assets and dealing with all other estate matters such as paying liabilities and distribution of the estate.
This is a popular option due to the fixed fee and limited nature of our retainer which may suit many clients who are happy to correspond with third parties in the estate and go through paperwork or where the estate is straightforward.
3. Deal with the full administration of an estate on behalf of the personal representatives
This would involve us contacting all financial parties in the estate and building up a financial picture of the estate as at the date of death to include assets and liabilities. We would then prepare all probate application papers and submit these on the personal representative’s behalf.
Once probate was received, we would collect in all assets, pay all liabilities, and ultimately prepare estate accounts and distribute the estate giving the personal representatives and beneficiaries peace of mind.
What if there is no will?
If there is no Will we can advise who is entitled to the estate and who is the appropriate person(s) to apply for the Grant of Representation.
We can also provide advice about ensuring there is no Will by assisting with Will searches, insurance policies or otherwise.
In some cases, intestacy cases require a family tree to be compiled and may require the assistance of a genealogist or other tracing agent.
What are the likely timescales?
The likely timescales involved depend on the nature and complexity of the matter, but we will be able to provide you with a likely timescale at the outset of the matter upon receipt of the facts.
Where a Grant of Representation is required it takes approximately 8 weeks for the Grant to be issued by the probate registry from when the application is submitted.
Depending on what is involved we estimate that the full administration of an estate could take anywhere between 6 months- 24 months.
A fixed fee limited retainer application may take anywhere between 8-14 weeks.
What else can we assist with?
• DWP claims against the estate
• Statutory notices for creditors
• Renunciation & power reserved
• High net worth and taxable estates
• Sale or transfer of probate properties.
We understand that this process can be daunting and difficult, especially at a time when you are suffering a bereavement and trying to grieve. We can advise you throughout the matter, without using legal jargon to ensure you understand everything.
We can deal with the whole process for you to give you peace of mind.
Contact us on 0113 2007480 or email us on info@averywalters.com to arrange your free initial, no obligation consultation with a specialist
* Laura Stafford is the SFE accredited memberand a full member of STEP