Excellent service during the selling of our property. At all times during what might have been a stressful time, we were very confident in your team, thank you. I have already recommended your solicitors to friends and family.Mr & Mrs Jones
Fixed Cost Probate
At a time of bereavement we know it can be difficult to deal with practicalities. With many years of experience in dealing with probate and estate administration, the team at Napthens can help you through the process, and remove some of the worry and confusion.
A chat with an experienced probate specialist will help to clarify what needs to be done. There may be areas of probate that you feel comfortable dealing with yourself, but it can be a daunting and often complicated process – and it must be dealt with correctly. If the deceased died intestate (without making a Will) then we can guide you through the process including applying for a Grant of Letters of Administration.
We understand that costs can be a concern. We aim to remove this additional worry by providing a clear, fixed cost service. We can do as little or as much as you wish – you decide exactly what help you need.
As probate solicitors with a long standing reputation for expertise in probate and estate administration, you can feel reassured that whatever help you need, you will receive the very best legal support and advice from trusted professionals. If you would like to arrange a FREE initial chat with a member of the team, please call or make an enquiry.
We can help you with:
- Obtaining a grant of probate
- Advice on the terms of the will and tax planning options
- Dealing with the Department for Work & Pensions
- Dealing with utility providers
- Finalising income tax returns
- Settlement of outstanding bills from the estate
- Sale of a property
- Sale or transfer of shares
- Dealing with foreign assets
- Tracing lost assets
- Distributing the Estate
- When there is no Will – the rules of intestacy
- Welcome for decision clarifying inheritance claims by adult children
- Farmers warned over changes to ‘probate fee’
- Warning as numbers dying without a Will increase
- Victoria takes the next step
- New Inheritance Tax relief for the family home
- Contestation warning on DIY wills
- The end of the road for Will changes after death?
- Is a Will valid?
- Surge in LPA interest reported by law firm
- Warning to families over undue influence case
- Warning as out-of-date Wills cost heirs thousands
- Changes to intestacy rules highlight need for a Will
- Napthens honoured with quality mark for Wills service
- Warning over changing inheritance rules
- ‘DIY Will’ warning
- What is Probate?
Do I need Grant of Probate?
If the deceased has left a Will, a Grant of Probate from the Probate Registry may be required. This is to confirm the named Executors’ authority to deal with the deceased person’s assets, particularly if there is a property involved. If there is no will then the deceased’s next of kin may need to apply to the Probate Registry for a Grant of Letters of Administration to enable them to finalise affairs.
My husband has died and his Will leaves everything to me. Our house is in his sole name. Do I need a Grant?
To be able to transfer the house into your name you need the authority of a Grant of Probate. It is better to do this now, as if you ever decide to move or need to sell the house to fund residential care, you won’t be able to do this if the house is not in your name.
My husband left a lot of debt. Do those debts die with him?
Any debts will have to be cleared from assets in your husband’s sole name and in some cases creditors will apply to have assets in joint names used as well to clear their account.
My wife has died without leaving a Will. What do I do now?
Where a person dies without leaving a Will and has assets in their sole name worth over £20,000 it will be necessary to obtain a ‘Grant of Letters of Administration’ to be able to deal with those assets. A spouse does not automatically inherit the whole of those assets.
What are my duties and responsibilities as Executor/Administrator?
Your duty is to deal with the estate efficiently and cost effectively and always with the best interests of the beneficiaries in mind. If there is a Will you must gather in the assets, pay all debts, settle tax issues and distribute the estate in accordance with the Will. If there is no Will the same responsibilities apply but the rules of intestacy will apply to distribution of the estate. If you decide to deal with the estate yourself then you are personally responsible for any problems or complaints from beneficiaries or other interested parties. If you instruct Solicitors then it is the responsibility of those Solicitors to deal with any such problems or complaints.
Why do I need a Grant of Probate when there is a Will and I am the Executor named in the Will?
If the value of assets in the sole name of the deceased is less than £20,000 then it is normally not necessary to obtain a Grant of Probate. If the value of assets exceeds £20,000 then a Grant of Probate will authorise the Executors to gather in and distribute these assets. No financial institution will accept any instructions regarding accounts with a balance of over £20,000 without the authority of a Grant. Similarly it will not be possible to sell or transfer any house or land in the sole name of the deceased without the authority of a Grant.