Probate & Estate Planning Solicitors
Dealing with a person’s estate after they’ve passed away, known as estate administration, involves a series of legal and financial steps. If you’ve been appointed as an executor under a Will, you’ll usually need to apply for a grant of Probate before you have the legal authority to deal with their assets.
At Black Norman, our Probate solicitors are based in Liverpool and London, guiding executors and families across the UK through the probate process with clear, practical advice, so you know exactly what’s involved and when.
What is Probate?
Probate is the legal process that gives an executor the authority to collect, manage and distribute a deceased person’s estate. It involves applying for a grant of Probate, a legal document confirming the executor’s right to act, and it is needed in most circumstances.
Applying for a Grant of Probate
The process for obtaining a grant of probate depends on the nature and value of the estate. The first step is always to establish the estate’s value, as this determines what needs to be reported to HMRC and how the application is made.
Where an estate is not taxable, the estate values are reported as part of the probate application itself and there is no separate inheritance tax account to complete. Where an estate is taxable, the executors must complete a full inheritance tax account with HMRC and pay any tax due before the grant can be issued. HMRC then provides a reference that is needed to complete the probate application, and there is a short waiting period before the application can be submitted.
Once the position with HMRC is settled, most applications can be made online. This is now the standard route for straightforward estates, and as solicitors we submit applications through the professional online service, which allows us to keep track of progress on your behalf. The original will and any codicils still need to be sent to the Probate Registry by post, together with the application fee.
Some applications still need to be made on paper, using form PA1P where there is a will or form PA1A where there is not. This applies to less common situations, such as applications made on behalf of an executor who is unable to act for themselves, or estates involving a will made overseas.
Once the application is granted, the executors receive the grant of probate, or letters of administration where there is no valid will. This is the document that allows them to deal with the estate, including closing accounts, transferring assets and selling property.
Getting each of these stages right matters, and this is one of the main reasons families choose to work with a solicitor. We handle the valuation, the HMRC reporting and the application itself, so that nothing is missed and the estate is administered as smoothly as possible.
What does an executor need to do?
If you’ve been named as an executor, your responsibilities typically include:
-
Locating and valuing the estate’s assets and debts
-
Paying any Inheritance Tax due
-
Applying for the grant of Probate
-
Settling outstanding debts and expenses
-
Distributing the estate to beneficiaries in line with the Will
This can feel like a lot to take on, particularly while you’re grieving. Many of our clients choose to instruct us to handle some or all of this on their behalf. If you’d like to discuss your circumstances in confidence, our experienced Probate solicitors are here to provide compassionate guidance. Contact us today.
Estate Planning and Inheritance Tax
Good estate planning isn’t just about writing a Will, it’s about thinking ahead so your estate passes on as efficiently as possible, and your family isn’t left with unexpected Inheritance Tax bills. Our solicitors can advise on trusts, gifting and other planning options tailored to your circumstances.
What Happens If There’s No Will? (Intestacy)
If someone dies without having made a Will, they’re said to have died “intestate”. When this happens, the law, rather than the person’s wishes, dictates who inherits the estate, this can lead to results the family wouldn’t have chosen. For example:
- Even if you’re married or in a civil partnership, your spouse or civil partner won’t automatically inherit the whole estate
- If you’re not married or in a civil partnership, a partner won’t automatically inherit anything
- No guardians will have been appointed for young children
- No executors will have been appointed, which can cause delays and added difficulty
- Administering the estate is likely to take longer than if a Will had been left
If this is a concern for your family, talk to our experts. Find out more on our Wills page.
We Can Guide You Through The Process
If you’d like support with Probate, Estate Administration or planning ahead for the future, get in touch. Fill in the contact form below or call us on 03300 167 847 for clear and compassionate guidance you can trust.
FAQs
Questions we get asked often
Can’t find what you’re looking for?
Get in touch and one of our solicitors will get back to you.
How long does Probate take?
Every estate is different, and how long Probate takes depends on factors like the size and complexity of the estate, whether Inheritance Tax is due, and how quickly information comes back from banks, HMRC and other organisations. We’ll always give you a realistic idea of timescales for your specific situation once we understand the estate
Do I need Probate if there’s a Will?
In most cases, yes, if the estate includes property, savings above a certain threshold, or other significant assets, a grant of Probate is usually needed even where there is a valid Will.
What does a Grant of Probate cost?
Fees depend on the size and complexity of the estate. Please contact us for a personalised and transparent quote.
What are an executor’s main duties?
An executor is responsible for valuing the estate, applying for Probate, paying any tax and debts owed, and distributing what’s left to the beneficiaries named in the will or distributing according to the rules of intestacy.