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Probate

What does our work for you cover

We will be here to help you from the outset.  Beginning with assisting with the funeral arrangements, we will check the validity of the will and then seek a Grant of Probate/Letter of Administration from the Court so that you have the authority to administer the estate. 

Once probate/administration is granted we will begin collecting any assets and identifying what the deceased owes.  Where necessary we will arrange a valuation of assets in the Estate and arrange for the sale or auction of any assets. 

We will calculate Inheritance Tax on assets and advise on the law to ensure that you to minimise your legal liability correctly.

Once we have accounted for the all the assets and liabilities and calculated any tax due we will arrange payment of any debts, including tax and legacies and collect and distribute the assets amongst the beneficiaries

You can be assured that we will administer the deceased’s estate correctly according to the law and distribute the assets to those who are entitled to them.  You will receive a detailed set of accounts at the end of the Administration showing exactly what has been dealt with and how the Estate has been distributed.

Our experience is that from time to time disputes arise between or those excluded from a will. You will probably find it difficult to remain impartial if those involved are known to you so if that situation arises let us assist in whatever way we can.

Our aim is to help you through what can be a very distressing time by putting our expertise at your disposal and simplifying what can be a complex procedure.

What is not covered by the work that we do for you?

The work does not cover:

  • Any conveyancing linked to the administration of the estate
  • Any setting up of Trusts that may arise from the distribution of the estate.
  • Site visits and home clearances would require a supplemental charge
  • Any litigation arising from the estate, including disputes with beneficiaries

We would carry out any of these items of work as separate matters with you and will quote for that work separately

How long will it take?

The average process takes between 4-6 months if this is a standard probate matter however if this becomes non-standard (see above) this can increase the time it takes to up to 3 years and this will increase the cost.

How much will it cost

The work will be carried out based on an agreed hourly rate.  In most instances we would estimate that a standard probate matter would cost between £2,700 to £4,000 . A standard probate is defined as a probate where:

  • There is a valid will
  • There is no more than one property, no business interests, no more than 3 bank or building society accounts, no foreign properties and no more than 5 beneficiaries
  • There are no intangible assets
  • There are no disputes between beneficiaries on division of assets or claims against the estate. If disputes arise this is likely to lead to an increase in costs
  • There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
  • There are no assets requiring complex valuations
  • The deceased is not bankrupt or the subject of an IVA.

Other expenses (disbursements)

In addition the following disbursements may also apply to your case depending on the circumstances:

  • Probate application fee of £215
  • £5 Swearing of the oath and £2 per exhibit (per Executor)
  • Bankruptcy-only Land Charges Department searches (£3 per Beneficiary)
  • The cost of putting a post in The London Gazette – Protects against unexpected claims from unknown creditors.
  • The cost of putting a post in a Local Newspaper – This also helps to protect against unexpected claims.

What if my case is non-standard?

We will provide a revised estimate of our costs and if things change and that estimate needs to change we will notify you of this

Who will do the work for me?

We have a very experienced team headed by Thomas Rimmington, a specialist private client solicitor with over 25 years’ experience

Click on the profiles of the team under Meet the Team to see who carries out probate work at Brown Turner Ross.