What is ‘Probate’

The difference between ‘Grant of Probate’ and ‘Letters of Administration’

A ‘Grant of Probate’ is required if there is a valid Will, where the person who has passed away appointed somebody, (or sometimes multiple people), to organise their estate after they have died, otherwise known as the Executors. These Executors will be required to apply to the Probate Registry for the official ‘grant’ which will allow the deceased’s assets to be released.

A Grant of ‘Letters of Administration’ or ‘Letters of Administration with Will annexed’ will be required if the person that died did not have a valid Will (otherwise known as ‘intestacy’), or if the deceased didn’t have an Executor in their existing will. This can happen for a number of reasons, including when a sole Executor has already passed away or when the Executors are unwilling or unable to act. In this case, a close family member and/or professional will usually apply to the Probate Registry to become an administrator of the estate on behalf of the deceased.

Is Probate or Letters of Administration always necessary?

No, they are not always necessary. If the only assets or property of the deceased are worth less than around £15,000 in all Banks and Building Societies, National Savings and others, then they will often waive the need to see the grant, and release money on a Declaration.

Another scenario where the estate may not need to go through probate is if all assets by the deceased were owned jointly with a surviving spouse or civil partner. Joint assets pass automatically to the surviving joint owner by survivorship and therefore Probate wouldn’t be required.

How long does Probate take?

Depending on the size and complexity of the estate, the probate process can take anywhere from 6 weeks to 1 year to complete. Although the average is usually around 6 months.

How can I get probate advice?

Historically people have gone straight to a solicitor or lawyer to deal with this process, particularly if they hold the deceased’s Will, however, this is now becoming less commonplace as solicitors can charge hourly rates rather than a fixed fee, and often take months, sometimes years to complete the process. The personal representative or Executor can choose whichever accredited Probate firm they like to complete the Probate process and should consider those firms who provide a fixed fee structure and who have the tax knowledge required.

The personal representative/s (i.e. Executor/s) can choose to complete the process of probate themselves, but would normally choose to appoint a qualified professional to guide them along as it can be quite complex, especially if the deceased had a large estate or a varied set of assets. It can also be an extremely time consuming process, all at a time when the family are grieving and have their own family commitments to deal with.

How can Florins help?

We offer a ‘Complete Probate’ service on estates over £100,000 ranging in fees fixed from 1.4% - 1.7% of the gross estate value where we complete the whole process for the Executors or Administrators, or a lower fixed fee ‘Grant only Probate’ with fees ranging from £550 - £1000 plus VAT for smaller estates, where we support the Executors in obtaining the grant of probate themselves. (Our fees do not cover disbursements, these are additional.)

We offer a free initial appointment to any Executor or Next of Kin requiring general advice on the next steps and possible options.

Please contact Sophie Vines, our accredited Probate Adviser, for more information, or to ask any further questions about the Will or Probate process.