Probate Advice

Probate Solicitors

Sorting out a loved one’s estate after they’ve died is probably the last thing you feel like doing when you’re grieving. But someone has to handle the bank accounts, the house, and the paperwork. And it all needs to be done properly, according to the law. That’s where probate comes in, and it’s rarely as simple as you might expect.

Perhaps you’re named as an executor in a will and have no idea where to start. Or there’s no will at all, and you’re trying to work out who’s responsible for handling the estate of the deceased. Either way, probate can feel overwhelming and stressful when you’re already dealing with loss.

At Vincents Solicitors, we can take that burden off your shoulders. Our probate team can deal with everything from simple cases to complex situations involving property, business assets, and family disagreements. We’ll explain what needs doing and take care of the legal work while keeping you informed in plain English.

What Is Probate and When Is It Needed?

Probate is the legal process of managing someone’s estate (their property) after they die. It involves valuing everything they owned, paying any debts or taxes, and then giving what’s left to the people who are entitled to it.

If there’s a valid will the person named as executor applies for a “Grant of Probate.” This is a legal document that gives them authority to access bank accounts, sell property, and distribute assets.

If there’s no will the closest relative applies for “Letters of Administration” instead, and the estate gets divided according to intestacy rules. Intestacy rules are the government’s laws that decide who gets your property.

Not every estate needs probate. Here at Vincents we can help you with that decision . If the person who died only had modest savings or held everything jointly with someone else, you might not need to go through the formal process. But if there’s property in their sole name, or bank accounts over a certain threshold (usually around £5,000 to £10,000 depending on the institution), you’ll typically need probate.

Do I Need a Probate Solicitor?

Even straightforward cases can hit unexpected problems. As an executor, you’re personally liable (responsible) if something goes wrong. That’s why working with an experienced solicitor is strongly recommended, especially in these scenarios:

• The estate includes property, business assets, and investments
• There’s inheritance tax to pay or complex tax planning needed
• Family members disagree about the will
• You don’t know what the estate is worth or how to value assets
• The deceased died without a will, and you’re unsure who inherits
• You’re worried about potential claims against the estate
• You simply don’t have the time or energy to manage it all yourself

Getting it wrong can be costly and stressful. If you miscalculate inheritance tax, distribute assets to the wrong people, or miss a claim deadline, you could be personally responsible for the loss. Our solicitors can offer probate advice, walk you through the process, and give you peace of mind that everything is done properly.

How Long Does Probate Take in England and Wales?

For a straightforward estate with no complications, obtaining the grant (the legal document that gives you authority to deal with the estate) usually takes 10 to 16 weeks once you submit the application. Sorting out an entire estate, including collecting assets, paying debts, and distributing everything, can take up to a year.

That timeline can stretch even longer if there’s property to sell or disputes to resolve. Complex tax issues can also make probate take longer. Inheritance tax usually has to be paid before the grant is issued. That means everything needs to get valued first, and you may have to take out a short-term loan to cover the tax, since you can’t touch the estate’s money yet.

Probate can seem slow-moving. But we’ll keep you updated throughout this process, so you know what’s happening and when to expect progress.

Probate Costs Explained

Probate costs depend on the size and complexity of the estate. Our fees are transparent, and we’ll give you a clear quote before you instruct us. Here’s a breakdown of typical probate costs:

• Solicitor’s fees. Fees are generally based on the difficulty and volume of work involved. After an initial consultation, and once your solicitor understands the level of support you need, they can estimate a fee for the work and provide you with a breakdown of what costs the estate will be expected to pay which gives you complete piece of mind.
• Probate registry fee. This is the court fee for applying for a Grant of Probate or Letters of Administration. It’s currently £300 for estates over £5,000, and free if the estate is worth £5,000 or less This fee goes to the probate court, not your solicitor.
• Additional expense (disbursements). These are expenses the estate pays for valuations, probate searches, statutory notices in the Gazette, or Land Registry fees.

What to Do If There’s No Will

If someone dies without a valid will in England and Wales, it’s called “intestate” Their estate doesn’t go to the government (that’s a myth unless there are no living relatives). Instead, it’s distributed according to intestacy rules, which are rules set by the government that follow a strict order. Our team here at Vincents are experts in this area and can give you accurate information as to who is entitled to the estate if a person has died without making a will

Generally, husbands and wives or civil partners inherit first, then children, then parents, siblings, and so on down the family tree. Unmarried partners or stepchildren who weren’t legally adopted don’t automatically inherit anything under intestacy, no matter how close they were to the person who died.

The person entitled to inherit also has the right to apply for Letters of Administration to deal with the estate. Letters of Administration are the equivalent of probate when there’s no will. Vincents Solicitors is here to advise you on whether you’re entitled to apply, what you’ll inherit, and how to handle the administration if there’s no will to guide you.

How We Handle Probate from Start to Finish

A probate solicitor takes the administrative burden off executors and families. We handle the legal paperwork, deal with HMRC, and make sure the estate is distributed correctly and legally.
Here’s what we do:

• Getting the legal authority. We can value the estate, complete inheritance tax forms, and apply for the Grant of Probate or Letters of Administration. Once granted, we can access accounts and start the process.
• Managing the money. We can close bank accounts, handle investments and pay estate costs, including debts and funeral expenses. And if property needs to be sold, we handle that too.
• Distributing assets. Our solicitors make sure assets go to the right beneficiaries according to the will or intestacy rules, and prepare final accounts showing where everything went.
• Handling complications. If conflicts arise between family members, beneficiaries can’t be found, or there are overseas assets, we can deal with those problems. We can also liaise between yourselves and HMRC.

Our solicitors can take the entire process out of your hands, and handle everything from start to finish, or we can help with specific parts of the probate process if you’d rather stay involved.

FAQs

Can I start dealing with the estate before probate is granted?

You can arrange the funeral and secure the property. However, everything else, such as accessing bank accounts or selling property, has to wait until you have the Grant of Probate or Letters of Administration. Some banks will release small amounts for funeral expenses, but most won’t let you touch anything substantial without the grant.

What happens if someone contests the will?

If a family member or dependent believes they received too little, they may be able to bring a claim under the Inheritance Act 1975 You have six months from the grant being issued to make a claim.

Who pays for probate if the estate has no money?

If the estate is insolvent (debts are larger than assets), the rules around paying creditors become complicated. Some debts must be paid before others, and it’s best to get legal advice to handle this correctly. Executors aren’t personally responsible for paying the estate’s debts from their own money, but they need to follow the correct legal process for dealing with insolvency.

What’s the difference between being an executor and being a beneficiary?

An executor is the person named in the will to carry out the deceased’s wishes and handle the estate. A beneficiary is someone who inherits under the will. You can be both, for example, if you’re a child named as executor and also inherit a share of the estate.

Why Choose Vincents Solicitors for Probate?

We’ve helped families handle probate for years. Our private client team knows that behind every estate is a family dealing with loss, and we handle things sensitively and without unnecessary legal jargon. You’ll be looked after by solicitors who take the time to explain what needs to happen and why.

We’re based throughout Lancashire if you prefer face-to-face meetings, but we also work with clients across the UK and can handle everything remotely. Whether it’s a straightforward estate or something more complex, we can handle probate for you so you can focus on what matters during a challenging time.

Contact us today for help with probate and estate administration.