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. At PSL we believe in clear and open pricing and we aim to charge a fixed fee wherever appropriate; see our clear pricing policy.
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 application is usually made by one or more of the beneficiaries and is called a "Grant of Letters of Administration with 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 whereas that is not usually the case if they renounce.
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, the executor of the executor or a family member.
If there is no Will at all 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
- date and place of birth
- date of marriage or civil partnership (if appropriate)
- UTR tax reference number 3…4if any
- death certificate (and several official copies)
- details of the assets and any debts
If you are unsure about how to proceed call us for a free initial appointment to discuss your needs without obligation.
Please contact us on 01564 758055
