Probate and Estate Administration Solicitors
When a loved one dies, as well as dealing with grief, you may be faced with trying to manage tax documentation, paperwork, bills arriving and different copies of Wills. It is a difficult time, and there is a lot to cope with.
Probate and estate administration can be a very involved process, which can be confusing and time consuming. Common questions people struggle with include:
- Will Probate be needed?
- How can the house be transferred?
- How do I access any money?
- What do I do about their Pensions and Benefits?
- What will it all cost?
These are just a few of the questions that families are faced with as soon as a loved one passes away.
Wolferstans has one of the largest private client teams in the region and an outstanding reputation for providing a quality service to our clients. We can guide you through every stage of probate and estate administration or assist with a specific matter you need help to deal with.
Our probate and estate administration solicitors are highly experienced and successful in delivering results to clients. We are proud to have members of the Society for Trust and Estate Practitioners (STEP), the Law Society Private Client Section and Solicitors for the Elderly (SFE).
We have the experience to provide clear and pragmatic advice on a range of issues faced by individuals, families, trustees and charities.
Our probate and estate administration solicitors in Plymouth offer:
- Free quotation with a range of pricing options for you to choose from
- A full probate and estate administration service
- A fixed fee “Grant only” option
- Specialist advice from members of Solicitors for the Elderly, STEP and the Law Society Private Client Section
- Sensitivity and compassion
- Plymouth Probate Solicitors Pledge
Plan Ahead Confidently
Making a will or setting up a power of attorney can give you and your family invaluable peace of mind for the future. We’ll explain all the options clearly, guide you through each step of the process, and make sure your wishes are recorded properly and legally.
Our straightforward approach ensures your affairs are in order when it matters most.
How our probate and estate administration solicitors can help you
We offer a number of different levels of service to suit you, costs for each service are detailed at the bottom of this page.
- Bereavement Assistance Service
- Full administration service
- Contentious probate and inheritance disputes
- Application for a Grant of Probate only (non-taxable estate)
- Application for a Grant of Probate only (taxable estate)
- Application for a Grant of Probate only combined with a setting up a Property Trust contained within a Will
- Application for a Grant of Probate only combined with an application for Transferable Nil Rate Band
Administering a deceased person’s estate
This factsheet sets out the steps that we will take in acting for you in the administration of an estate and the likely timescale over which the steps will be taken. If you have any queries over this, please do not hesitate to discuss these with us.
The timescales are inherently guidance only as we are often dependent upon other organisations or individuals providing information. Please note that not all of the steps below may apply to the particular estate but are examples of the typical steps usually taken. We will advise you regularly of our progress and any changes that arise in relation to the estate.
Stage 1 – Information gathering
Timescale
2 – 8 weeks from receipt of information.
- Sending out executor pack.
- Sending out beneficiary pack and verifying beneficiary’s whereabouts and identity.
- Carrying out bankruptcy searches on beneficiaries.
- Verifying the whereabouts and validity of the last Will (if applicable).
- Contacting all asset holders to verify nature, extent and value of assets. If appropriate, arranging for valuations of assets such as shares, property, specific items.
- Carrying out an asset search.
- Contacting the benefits agencies and pension agencies.
- Identifying nature, extent and value of any creditors, debtors and liabilities.
- Arranging for statutory notices to be placed.
- Where appropriate, liaising with house insurer, utility companies and redirection of post.
- In the case of intestacy, carrying out a beneficiary search and preparation of a family tree.
Stage 2 – Applying for probate
Stage 2 – Applying for probate
Timescale
2 – 4 weeks from stage 1
- Preparation of inheritance tax account to include, where appropriate, an application for a transferable Nil Rate Band including collating the necessary information to support such a claim. As appropriate, liaising with any accountant or financial adviser.
- Preparation of Statement of Truth.
- Providing executor with drafts of inheritance tax accounts and then arranging for executor to swear the same.
- Advising on any inheritance payable and arranging for the same to be paid in conjunction with you.
- Applying for and receiving probate.
- Liaising with the District Valuer if required.
Stage 3 – Collection of assets
1 – 6 weeks from obtaining the Grant of Probate
- Notifying all asset holders and liability holders of the Grant of Probate.
Liaising with executors regarding liquidation or appropriation of assets and preparing forms to carry out the same. - Calling in the proceeds of assets, including closing any accounts and reconciling closing statements.
- Selling shares if required or transferring, sometimes with the assistance of an external organisation.
- Selling individual items, sometimes with the assistance of an external organisation.
- Arranging for any property to be placed upon the market or transferred to a beneficiary.
- Carrying out the conveyancing process in relation to any property (please note an additional cost for the conveyancing would be charged).
- Arranging for the property to be cleared and/or cleaned, usually by an external agency.
- Finalising all utility bills and house insurance.
- Paying off any liabilities.
- Liaising with the Department for Work and Pensions in respect of any benefits and estate enquiries.
Stage 4 - Final stages of the estate administration.
12-42 weeks from the issue of Grant of Probate*
- Consideration of interim payments to beneficiaries and, where appropriate obtaining an indemnity from beneficiaries.
- Preparation of the deceased’s final tax return, sometimes with the assistance of an accountant.
- Notification to DVLA, Bereavement Registry, Passport Office and other organisations as appropriate.
- Obtaining a clearance certificate from HM Revenue & Customs for inheritance tax, as appropriate.
- Accounting to the Revenue for any income tax and capital gains tax for the period of estate dministration, as appropriate.
- Payment of any legacies and/or distribution of any specific items bequeathed to beneficiaries.
- Preparation of estate accounts for approval by the executors and beneficiaries.
- Final distribution of the estate together with tax certificates for the beneficiaries.
Executors are usually advised to wait until 10 months have elapsed from the issue of the Grant of Probate as this is the timescale in which a potential claim against the estate can be brought (see below). Depending on the executor’s view on this advice, this stage can take between 12 to 42 weeks from the issue of the Grant of Probate.
If an estate is contested
Regretfully, it is now common place that challenges are made to estates and Wills. Whilst many of such challenges do not necessarily progress, if for any reason such a challenge is received to this estate it will inevitably affect the timescales quoted above.
Whilst we have no reason currently to believe any challenge may occur, you will appreciate that any additional work we have to carry out will not be covered in the above and we may not be able to advise on specific queries arising in that context. We will advise you of this should that occur.
Please note the estimated cost quotation that has been provided to you in respect of administering the estate is based upon our understanding of what the administration of this estate will involve at this stage.
It does not however indicate that all of the steps listed above are necessary or are to be carried out on this estate or within the quotation provided.
Probate and estate administration FAQs
Where do you start with administering an estate?
When a person dies, a friend or relative has to deal with their affairs. Where do you start?
There are hundreds of questions that run through your mind.
- Where is the Will?
- Do I need probate?
- What do I do about tax?
- Who do I notify – and when?
- Is the house secure?
- What is this form that I have been sent?
Dealing with a deceased person’s estate and assets can be a very time consuming and confusing process, at a time that is difficult and emotional. It often involves numerous different organisations such as banks, building societies, share companies and the Revenue.
We have a skilled specialist team of probate and estate administration solicitors that can take you through the steps you need to take one by one, in a way and at a timescale that suits you. Within the team we have members of Solicitors for the Elderly, STEP, and the Law Society Private Client Section.
We pride ourselves on sensitivity and compassion at what is a difficult time for all concerned. We can assist you with the most straightforward and practical of tasks, up to the most legal and complex.
What is a Grant of Probate?
When someone dies, it is necessary to appoint someone (an Executor) to deal with the assets they leave behind including money, property, and personal possessions. The Executor must collect the assets, pay any debts owed by the estate and distribute what is left to those entitled to it.
A Grant of Representation is the Court’s authority to a person or persons to administer a deceased person’s estate. This shows the institutions holding assets for the deceased, to include the banks, that you have the authority to deal with the deceased’s affairs.
It is not always necessary to obtain a Grant of Representation in small estates where there is no property, land or shares or where the assets are all jointly held but we can give guidance as to whether one is required in the particular circumstances of each case.
A Grant of Probate is the document often required in order to administer a deceased person’s estate, when they have left a Will. It is not always required.
If a person has not left a Will, a different Grant would have to be obtained called a Grant of Letters of Administration.
There are many different types of Grants available. Often, for estates of any significant value, a Grant will be needed before the person dealing with the Estate can access funds or carry out the deceased person’s wishes.
What is a Deed of Variation and when is it needed?
Our probate and estate administration solicitors can advise you upon whether a Deed of Variation, which is a document that varies someone’s Will, may be of benefit to you.
This may be for tax saving or other reasons. It may enable you to pass an inheritance on to someone else who requires it more than you.
The rules in relation to this are complex and there is a strict time limit of two years from the date of death.
As such, it is wise to contact us to talk through the options in more detail before proceeding.
Do I need a solicitor for probate and estate administration?
There have never been as many different ways to administer the estate of a deceased personas there are currently, and using a specialist probate and estate administration solicitor is just one of those options.
There are internet companies, organisations such as the Co-op, Banks and Building Societies, as well as traditional Solicitors’ firms who offer advice and services on what to do when a loved one passes away and how best to administer the estate.
We advise bereaved families to take their time and look into the various options available before rushing into anything. Families can be confused by the vast range of options available, but often the service that they are being offered is not a quality service or is very costly.
Often, probate services that are offered are dealt with at a distance, without you ever meeting face to face with the person dealing with your case. Sometimes the provider is not able to offer all of the services that you need – for example, they may be able to collect in assets and pay the bills, but they may not be able to see the bigger picture and offer the more detailed tax advice or look at your family as a whole to help you plan for the future.
It is understandable that families will think of the costs of administering an estate as one of the first hurdles. Whilst that is entirely appropriate for the right case, there is no substitute for obtaining informed, no obligation legal advice first to ensure that everything is looked at in detail. After all, it is not necessarily what you know you need to do, it is what you don’t know.
We would recommend families to read the small print of documentation before they sign up with anyone offering a probate service.
Traditionally solicitors’ firms are seen as expensive for the administration of estates, but other organisations such as Banks and Building Societies usually charge a percentage of the value of the estate, which is often considerably higher than solicitor charges for an estate administration. Often, they are also not carrying out exactly what you want to happen.
Working with reputable probate solicitors means you will be able to get a bespoke service exactly suited to your needs, unlike the one-size-fits-all services offered by many other probate providers. You can also be assured that you are working with legally qualified experts who you can rely on to ensure every detail is handled correctly, even where there are complex matters to deal with.
How do you find a good probate solicitor?
We would always caution against simply approaching any legal firm to handle probate and estate administration for you. With this type of specialist work, it is important to choose a professional with the right training and experience to ensure everything is dealt with properly.
Families should look for firms and members of STEP (The Society for Trusts and Estates Practitioners), Solicitors for the Elderly, or the Law Society Private Client Section. You should also look for firms who have a specialist department carrying out this work and a history of administering estates.
Bereavement Assistance Service FAQs
This is an Advice and Assistance Service for where a Grant is not required. It is only available for certain types of estates, such as where assets are in joint names and a Grant of Probate is not needed.
What is included?
- Arranging for all joint accounts and assets to be transferred into a sole name
- Arranging for all utility companies to be advised and utility accounts to be transferred into a sole name
- Completion of forms to access funds from accounts when a Grant is not required
- Arranging for the funeral to be paid
- Notification to the Land Registry (where required)
- Notification to pension providers
- Notifying the Bereavement Register to ensure that junk mail is stopped
What is not included?
The following are examples of further work which can be undertaken at your request, but which will be charged for separately:
- Dealing with unregistered land or transfers of land not in joint names
- Completion of tax forms for the deceased or for a surviving spouse or partner
- Benefit or pension claim forms
- Advice upon Deeds of Variation
- Application for a Grant of Probate if it becomes required
- Advice in relation to life policies or assets held in Trust or outside of the estate
What does it cost?
This service has a standard estimate fee with our minimum charges being £1,100 plus VAT.
The following fees may be incurred in addition:
- Fees to obtain new death certificates (approximately £12.50 – £38.50 for the first certificate)
- Land Registry fees (from £20 dependent upon the value of the property. Some Land Registry fees may attract VAT)
- Statutory Declaration (approximately £7 per person per document required).
How long will it take?
We anticipate that this work will take 4-6 weeks.
In the event that additional work is required for any reason or an unforeseen complexity arises that means that the above pricing structure is no longer appropriate we would advise you of this at the outset, or as the situation arises.
Empathetic Legal Support
We understand how difficult it can be to deal with legal matters after a bereavement. Our compassionate team provides practical help with probate and estate administration, taking the pressure off you and your family during this challenging time.
We’ll handle the paperwork, deal with official bodies, and make sure everything is completed properly and efficiently.
Our probate fees
Application for a Grant of Probate Only (Taxable Estate)
If you choose this option, we prepare the papers for an application for a Grant of Probate or Letters of Administration based upon information provided by you (the Personal Representatives), and then hand the estate back to you for completion. This applies to estates where Inheritance Tax is payable and a detailed Inheritance Tax account (IHT400) is required.
What is included?
- Preparation of the Legal Statement and HM Revenue and Customs account (IHT 400) after details of the assets and liabilities of the estate are supplied by you
- Calculation of Inheritance Tax due
- Preparation of forms to obtain payment of Inheritance Tax from deceased’s bank accounts directly to HM Revenue and Customs
- Receiving IHT421 form from HM Revenue and Customs to allow Probate application
- Meeting Executors to go through and sign paperwork. However, all paperwork can be sent in the post with clear instructions, if preferred
- Lodging the application with Probate Registry and paying appropriate Court fees on your behalf
- Forwarding copies of the Grant to you when received
What is not included?
- Claim for transferable nil rate band inheritance tax relief or residence nil rate band or investigations into the same?
- Investigations into any assets or liabilities of the estate
- Collection of and distribution of any estate assets
- Payment of any estate liabilities
- Preparation of any estate account
- Searches such as asset searches, bankruptcy searches, creditor notices
- Advice upon Deeds of Variation or interpretation of the Will
- Advice in relation to life policies or assets held in Trust or outside of the estate
What does it cost?
This work is usually carried out on the basis of our hourly rates, £160 – £325 + VAT.
However, we are able to offer a fixed fee if preferred.
Our fixed fees for this service range from £3,600 plus VAT for a straightforward application to £5,600 plus VAT for an application that includes the submission of an Inheritance Tax account and payment of an Inheritance Tax liability.
The following fees will be in addition:
- Probate Court fees (£300 plus £16.00 per additional copy of the Grant).
- Land registry fees for Office Copy Entries (if required) (£7 plus VAT per property).
- Inheritance tax. For an indication as to the likely Inheritance Tax charge please see here
*All reference to VAT on this page is at the standard rate of 20%
How long will it take?
It is difficult to predict how long the overall process will take as it will depend upon how quickly the information can be provided by you and how quickly the Probate Registry and other agencies can respond to the application. However, we expect to carry out our work within 3-6 months of receiving the papers from you.
In the event that additional work is required for any reason or an unforeseen complexity arises that means that the above pricing structure is no longer appropriate we would advise you of this at the outset, or as the situation arises.
Application for a Grant of Probate or Letters of Administration Only (Non-Taxable Estate)
If you choose this option, we prepare the papers for an application for a Grant of Probate or Letters of Administration based upon information provided by you, and then hand the estate back to you for completion. This applies to estates where Inheritance Tax is not usually payable nor a full HMRC Inheritance account (IHT400) is required.
What is included?
- Preparation of the all paperwork required to make the application after details of the assets and liabilities of the estate are supplied by you
- Meeting you to go through and sign all paperwork. This can also be arranged by post or email, if preferred
- Lodging the application with Probate Registry and paying appropriate Court fees on your behalf
- Forwarding copies of the Grant to you when received
What is not included?
- Preparation of any detailed Inheritance Tax account (IHT400)
- Claim for transferable nil rate band inheritance tax relief or residence nil rate band or investigations into the same
- Payment of any Inheritance Tax or other taxes
- Investigations into any assets or liabilities of the estate
- Collection of and distribution of any estate assets
- Payment of any estate liabilities
- Preparation of any estate account
- Searches such as asset searches, bankruptcy searches, creditor notices
- Advice upon Deeds of Variation or interpretation of the Will
- Advice in relation to life policies or assets held in Trust or outside of the estate
What does it cost?
This service has a standard fee estimate of £1850 + VAT for our charges where there is a Will and the application is for a Grant of Probate. If an application is required urgently then we reserve the right to charge an additional fee for the urgency of the work. Our charges for an urgent application are usually £2,150 + VAT.
The following fees will be in addition:
- Probate Court fees (£300 plus £16.00 per additional copy of the Grant).
- Land registry fees for Office Copy Entries (if required) (£7 plus VAT per property).
Letters of Administration Costs
This service has a standard fee estimate of between £1,850 – £2,200 + VAT for our charges. If an application is required urgently, then we reserve the right to charge an additional fee for the urgency of the work. Our charges for an urgent application are usually £2,150 + VAT*
*All reference to VAT on this page is at the standard rate of 20%
How long will it take?
It is difficult to predict how long the overall process will take as it will depend upon how quickly the information can be provided by you and how quickly the Probate Registry can respond to the application. However, we expect to carry out our work within 2-4 weeks of receiving the papers from you.
In the event that additional work is required for any reason or an unforeseen complexity arises that means that the above pricing structure is no longer appropriate we would advise you of this at the outset, or as the situation arises.
Application for a Grant of Probate Only Combined with an Application for Transferable Nil Rate Band
If you choose this option, we will prepare the papers for an application for a Grant of Probate or Letters of Administration based upon information provided by you (the Personal Representatives), and then hand the estate back to you for completion. This applies to estates where Inheritance Tax is not usually payable and a full HMRS Inheritance Tax account (IHT400) is not required. However, it is necessary to claim the Transferable Nil Rate Band so that no Inheritance Tax will be payable.
What is included?
- Preparation of the paperwork required to make the application after details of the assets and liabilities of the estate are supplied by you
- Investigations into obtaining necessary information to claim the Transferable Nil Rate Band
- Meeting you to go through and sign all paperwork. This can also be arranged by post or email, if preferred
- Lodging the application with the Probate Registry and paying appropriate Court fees
- Forwarding copies of the Grant to you, when received
What is not included?
- Preparation of any detailed inheritance tax account (IHT400)
- Claim for residence nil rate band or investigations into the same
- Payment of any Inheritance Tax or other taxes
- Investigations into any assets or liabilities of the estate
- Collection of and distribution of any estate assets
- Payment of any estate liabilities
- Preparation of any estate account
- Searches such as asset searches, bankruptcy searches, creditor notices
- Advice upon Deeds of Variation or interpretation of the Will
- Advice in relation to life policies or assets held in Trust or outside of the estate
What does it cost?
This service has a minimum standard fee estimate of £2,200 + VAT at 20%. If an application is required urgently then we reserve the right to charge an additional fee for the urgency of the work.
The following fees will be in addition:
- Probate Court fees (£300 plus £16.00 per additional copy of the Grant).
- Land registry fees for Office Copy Entries (if required) (£7 plus VAT per property).
- Fees for copy death certificates, marriage certificates etc (£12.50 for the first certificate).
- Fees for a tracing agent (to be advised if required).
How long will it take?
It is difficult to predict how long the overall process will take as it will depend upon how quickly the information can be provided by you and how quickly the Probate Registry and other agencies can respond to the application. However, we expect to carry out our work within 6-8 weeks of receiving the papers from you.
In the event that additional work is required for any reason or an unforeseen complexity arises that means that the above pricing structure is no longer appropriate we would advise you of this at the outset, or as the situation arises.
Application for a Grant of Probate Only Combined with Setting up a Property Trust Contained Within a Will
If you choose this option, we will prepare the papers for an application for a Grant of Probate based upon information provided by you (the Personal Representatives), and then hand the estate back to you for completion. This applies to estates where Inheritance Tax is not usually payable and a full HMRC Inheritance Tax account (IHT400) is not required.
We will also deal with the necessary formalities for setting up a trust over a property that is contained within the Will (the Property Trust) and register the Trust with HMRC’s Trust Registration Service (TRS).
What is included?
- Preparation of the paperwork required to make the application for Probate after details of the assets and liabilities of the estate are supplied by you
- Meeting you to go through and sign all paperwork. This can also be arranged by post or email, if preferred
- Lodging the application with the Probate Registry and paying appropriate Court fees
- Forwarding copies of the grant to you when received
- Advising the trustees of the details of the Property Trust
- Updating the Land Registry title for the property to reflect the Property Trust’s interest
- Registering the Trust with HMRC’s Trust Registration Service
What is not included?
- Preparation of any detailed Inheritance Tax account (IHT400)
- Claim for transferable nil rate band inheritance tax relief or residence nil rate band or investigations into the same
- Payment of any Inheritance Tax or other taxes
- Investigations into any assets or liabilities of the estate
- Collection of and distribution of any estate assets
- Payment of any estate liabilities
- Preparation of any estate account
- Searches such as asset searches, bankruptcy searches, creditor notices
- Advice upon Deeds of Variation or interpretation of the Will
- Advice in relation to life policies or outside of the estate
- Ongoing advice or management of the Property Trust
- Maintaining the Trust Register
What does it cost?
This service has a standard fee estimate for our charges of £2,600 + VAT.
The following fees will be in addition:
- Probate Court fees (£300 plus £16.00 per copy grant required).
- Land registry fees for Office Copy Entries (if required) (£7 plus VAT per property).
- Land Registry fees for registration of the Property Trust (from £20 dependent upon the value of the property. Some Land Registry fees may attract VAT).
*All reference to VAT on this page is at the standard rate of 20%
How long will it take?
It is difficult to predict how long the overall process will take as it will depend upon how quickly the information can be provided by you and how quickly the Probate Registry and Land Registry can respond to the application. However, we expect to carry out our work within 6-8 weeks of receiving the papers from you.
In the event that additional work is required for any reason or an unforeseen complexity arises that means that the above pricing structure is no longer appropriate we would advise you of this at the outset, or as the situation arises.
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