The nature of the process, how simple or complex it will be, depends on the individual circumstances and the provisions put in place by the deceased. Our fixed fee service offers a sympathetic approach to probate administration. Once simple call to our estates team can help. We can easily identify the work required and offer a fixed fee structure clearly outlined at the beginning of the process with no hidden small print.
The following circumstances will effect who is eligible to apply, the amount of work involved, forms to fill out and the length of time it takes.
Dying Intestate - Where the deceased did not leave a valid will, the rules of intestacy apply and various disputes can arise.
Contention - If anyone is likely to contest the will and enter in a caveat to prevent a grant of probate being issued.
Disagreements between Executors - where more than 1 executor is named in a will, disputes can arise and the process can be more difficult.
Assets Spread Out - When there are many different institutions to contact and collect monies from, a much greater amount of work will be involved. It will also be more difficult to value the estate.
Nature of Assets - What the estate is made up of effect the process, e.g. property, shares, antiques, art. Some assets are more difficult to value and disputes can arise whether to sell or not.
Trusts - whether the deceased's wishes involved setting up and administering a trust.
Overseas Probate - This can be extremely difficult is the deceased resided abroad or has assets in another country.
Inheritance Tax - whether or not the estate is excepted. If not, a full account of the estate must be entered into HMRC.
If any of these factors effect the deceased estate of which you need to apply for probate or letters of administration, it is recommended you seek legal assistance. IWC offer free probate advice call us, lines are open 7 days a week until 10pm, or you could make a no-obligation appointment to see us in person.
We offer a low cost, fixed fee probate service, taking care of the entire process on your behalf. This includes valuing the estate, dealing with HMRC, applying for probate, collecting in monies owed, paying debts and distributing the assets to the beneficiaries. For a free quote call or email IWC.
The probate process will is fairly straight-forward, providing none of the above apply. The executor/s apply to HM Courts & Tribunals Service for a grant of probate to enable them to deal with the deceased's affairs. They must complete probate form PA1and send along with the requested documents and relevant fees to the probate registry. Form IHT205 must be completed to inform HMRC that the estate is excepted; there is no inheritance tax due.
The registry will examine the application and providing everything is in order, will invite you to attend an interview to swear an oath to confirm the information that has been provided. After the interview, the grant will be administered and the documents will be received to enable the executor to fulfil their duties.
Executor duties involve collecting monies owed to the estate, paying debts and distributing assets in accordance with the will of the deceased. It is a serious responsibility and they can become liable for any mistakes made.
If you're concerned about the process or need further probate information, you can call us or click this link to find out more about our fixed fee probate service.
Click here for help with Executors Duties