As solicitors, we are often asked why a person needs a solicitor to apply for probate and not just do it without a solicitor.

The answer is that the process can be undertaken without a solicitor but often families would prefer a specialist service.  Having lost a loved one and dealing with other matters such as arranging a funeral, many families don’t want the additional burden of applying for probate.

Some estates are straightforward particularly when all assets are left to a spouse in a will but others have complications such as assets held in trust, the value of the estate being over the inheritance tax threshold or dealing with foreign assets.

If the deceased left a Will it is the responsibility of the executors to obtain the grant of probate. Not every estate will require a grant of probate however probate will be required when there is property held in the deceased’s sole name that needs to be transferred or sold and/or if the deceased had savings and the bank holding the account asks for a grant of probate.

To obtain a grant of probate you will need to:

  • Work out the value of the estate by going through the persons assets and provide a copy of the death certificate and will (if it exists)
  • complete a PA1 probate application form
  • work out if inheritance tax is due and complete the relevant forms
  • pay a fee if the estate is worth £5,000 or more;
  • submit your application to the local Probate Registry and swear an oath
  • swear an oath confirming the accuracy of the information given.

The grant of probate is usually issued within ten working days of the oath being sworn.  Once the executer has the grant of probate the process can begin of dividing up the estate.

At Levins we have experience of dealing with bereaved families and applying for a grant of probate.  Our team led by Jessica Flaherty are professional and discrete.  We are competitively priced and provide an excellent service to residents of Knowsley, Liverpool and further afield.

For further information please contact us on 0151 4805777