Probate Solicitors Limited - Probate & Estate Administration

Obtaining a Grant of Probate

Our charges for Probate work

Most other law firms charge a percentage of the value of the house PLUS a higher percentage of the rest of the estate PLUS an hourly rate (typically 150 - 250 per hour plus VAT). At PSL we believe in clear and open pricing and we charge a fixed percentage of the gross estate see fixed fee probate.


Probate or Letters of Administration ?

Technically you can only obtain a "Grant of Probate" where there is a will and the Executor applies for it. If there is no will then the grant is applied for by the next of kin and is called a "Grant of Letters of Administration". If there is a will but no executor the the application is usually made by one or more of the beneficiaries and is called a "Grant of Letters of Administration with the the will annexed".

Where the is more than one executor named in the Will then there are four choices:-

(1) All of the Executors apply jointly
(2) Some of the Executors apply and power is "reserved" to the others
(3) Some of the Executors apply and the others "renounce" their right to be executor
(4) A mixture of (2) and (3)

The difference between (2) and (3) is that power reserved means that executor could apply to be joined in at a later date.

If there are no minors (children under 18 or other persons under a disability) involved in the Will only one Executor is necessary otherwise at least two are needed in most cases.

There are special rules that govern who can apply for a Grant if there is a Will but no Executor. The rules are too complex to set out here so please ask us for advice on your particular set of circumstances. In many cases it is the residuary beneficiary named in the will but it could be an attorney of the named executor or a family member.

If there is no will at all the the following can apply - in order of priority they are:-

  • (a) the surviving spouse or civil partner (with effect from 5 December 2005);
  • (b) the children of the deceased and the issue of any deceased child who died before the deceased;
  • (c) the father and mother of the deceased;
  • (d) brothers and sisters of the whole blood and the issue of any deceased brother or sister of the whole blood who died before the deceased;
  • (e) brothers and sisters of the half blood and the issue of any deceased brother of the half blood who died before the deceased;
  • (f) grandparents;
  • (g) uncles and aunts of the whole blood and the issue of any deceased uncle or aunt of the whole blood who died before the deceased;
  • (h) uncles and aunts of the half blood and the issue of any deceased uncle or aunt of the half blood who died before the deceased.

In most cases you will need at least the following information on the deceased:-

  • National Insurance number
  • NHS number
  • date and place of birth
  • date of marriage or civil partnership (if appropriate)
  • tax reference number
  • death certificate (and several official copies)

Once you have this call us for an appointment to discuss your needs without obligation.

If you would like to help or a quotation for probate services please contact us on 01564 758055

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Probate Solicitors Limited t/a PSL is authorised & regulated by the Solicitors Regulation Authority in England and Wales No. 545298   
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