Do I Need A Solicitor When Applying For Probate?

No, you don’t need a solicitor when applying for probate following the death of a loved one. However, the probate application process can be incredibly time-consuming, daunting and at times, complicated.

To avoid costly mistakes and ensure you are granted probate as soon as possible, it is recommended that you seek the help of an experienced Wills and Probate Solicitor.

In this blog from Wayman & Long, we outline the most important things you need to know about applying for probate. We also highlight the benefits of hiring a Probate Solicitor.

What Is Probate?

When someone passes away, their estate (including their property, finances and possessions) needs to be dealt with appropriately. This may include selling property, organising finances, distributing possessions and ensuring the person’s wishes are met following their death.

The person responsible for dealing with their estate is usually the executor named in their will. However, this person cannot access the estate until they have been granted probate. Probate gives someone the legal right to manage an estate following their loved one’s death.

If you are the executor of the will, you can apply for probate. If your loved one has passed away without leaving a will, you can apply to become administrator of the estate and then apply for probate. In most cases, the administrator of the estate is the closest living relative, such as the spouse or eldest child.

How Do I Apply For Probate?

You can apply for probate online via the GOV.UK website or by post by filling out the correct application form. This form will differ depending on whether there is a Will or not.

However, there are some steps to take before applying for probate, these include:

Valuing the estate

The value of the estate is required to determine whether or not any inheritance tax needs to be paid. Even if there is no inheritance tax to pay, the probate application form will ask for the value of the estate.

Sending full details of the estate

If you believe inheritance tax is due, you will need to provide full, accurate details of the estate. In some cases, you need to provide these full details even if tax is not due, for example, if the person who died gave away more than £250,000 in the seven years before they passed away.

Find out all the reasons why you may need to send full details of the estate’s value even if no tax is due here.

Paying inheritance tax

In line with the latest inheritance tax legislation, inheritance tax will need to be paid if the estate is worth more than £325,000 or if the deceased is widowed and the estate is being handed over to their children.

Start making payments

If inheritance tax is due, you will need to start making payments before applying for probate. Once you have started paying the tax owed, the HMRC will provide you with a code that is needed when applying for probate.

When providing the estate value, you must fill out the form as accurately as you can. Providing incorrect information may result in a financial penalty!

How Much Does It Cost To Apply For Probate?

The cost of applying for probate depends on the estate. If the estate is valued at less than £5,000, it is free to apply for probate. If the estate is worth more than £5,000, you will need to pay a £300 fee when making the application.

How Long Does It Take To Be Granted Probate?

The process of applying for probate can take up to 16 weeks depending on the complexity of the estate. The process of administering and finalising the estate can then take another 8+ months.

In most cases, it can take around 12 months to settle an estate. However, it can take longer than a year if there are additional factors, such as lengthy property sales or inheritance tax complications.

Benefits Of Having A Probate Solicitor

As you can see, applying for and being granted probate is a lengthy and complex process with several steps to complete. Although you can apply for probate yourself, there are various reasons to hire a probate solicitor. For example:

• Avoid mistakes – Having a Probate Solicitor by your side offers complete peace of mind throughout the probate process. They can advise you on each step and help you complete all legal documents to ensure no mistakes are made.
• Speed up the process – Probate Solicitors are experienced and highly knowledgeable about the probate process and everything it involves, including the legalities, administrative tasks and complexities of inheritance tax. Their right Probate Solicitor will ensure that the process runs smoothly with no time-consuming bumps in the road.
• Professional mediation – When several family members are involved in the process, tensions can arise. A Probate Solicitor will be able to offer compassionate and professional mediation services to help resolve the situation before it escalates.
• Additional legal advice – When you choose the right solicitors firm, you will have access to specialist solicitors that can provide you with expert legal advice where necessary, such as conveyancing advice when selling property.

Get In Touch With Wayman & Long

Wayman & Long is a traditional high-street solicitors firm based in Suffolk. Our team of dedicated, experienced and skilled solicitors specialise in a range of areas, including Wills, Estate Planning and Probate. We guide you through these daunting processes with compassion, clarity and expertise.

If you would like help applying for probate, or you have a question about our services, please don’t hesitate to reach out. You can call us on 01787 277375 or email us at enquiries@waymanandlong.co.uk. Alternatively, fill out our contact form and one of our team members will get back to you.