Probate Solicitors Near Me

Probate Lawyer

What does a probate lawyer do?

They are a common sight among local high street law firms. But what exactly does a probate lawyer do?

In short, a solicitor who specialises in probate should handle all of the complex financial and legal requirements of the probate process for you.

This process can be lengthy. It can involve important tax and money matters. For many, it can also be too much to handle on top of the grief at the passing of a loved one.

Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry today and we can connect you with a legal specialist who can give you the kind of advice you’re looking for.

Here is everything you need to know about probate solicitors, what they do, and whether it is worth getting one in your particular case:

What Is Probate?

Probate is a legal right that gives a person – someone who has been named as the executor in the will – permission to administer the estate of a deceased person.

The administration of an estate includes things like paying off the deceased’s debts, paying any Inheritance Tax they owe, and distributing the legacies (inheritance) to people named in the will.

The probate process confirms that the will is valid and that the person (or people) named as the executor are correct and ready to begin their work.

If the courts agree that this is the case, they will dispatch a legal document called a Grant of Probate. Probate is then said to have been “granted”.

If there is no will, there won’t be a named executor. In this case, certain close relatives of the deceased can apply for a similar document called a Grant of Letters of Administration.

What Does A Probate Solicitor Do?

A probate lawyer’s job is to help you with all of the challenging and sometimes stressful administrative tasks that are so important to get right during probate.

There is a huge range of tasks that need to be completed as part of the process. These include but are not limited to:

Applying for the Grant of Probate
Valuing all of the estate’s assets and liabilities
Filling in Inheritance Tax forms and ensuring this is paid correctly
Working out and paying any Capital Gains Tax that accrues during the probate period
Setting up a trust or trusts if the will instructs them to do so

Is It Worth Getting A Probate Lawyer?

You aren’t required by law to have a solicitor handle the process for you. However, there are several reasons why you might consider getting a probate lawyer:

1) The Etate Or Will Is Complicated

If the estate in question includes multiple properties, lots of investments, several bank accounts, or – most confusingly – overseas assets, you’re going to be well served by a good probate lawyer.

Trusts confuse matters too. If the will instructs you to set up a trust or administer a trust that was set up while the person whose will it is was still with us, using an expert will again be well worth it.

2) You’re Worried About Making Mistakes With Tax Or Law

As part of the probate process, the deceased’s estate needs to be registered with HMRC and several different taxes have to be paid. These include:

Inheritance Tax
Capital Gains Tax
Income Tax

Making errors when valuing the estate or filling in the required information can lead to delays and higher tax bills. Not to mention accusations that you’ve failed to be compliant deliberately.

In general, there are many aspects of administering an estate and even applying for the Grant of Probate document that are complex or challenging if you aren’t familiar with the laws involved.

For instance, if you don’t pay the right Inheritance Tax or don’t allow creditors enough time to claim on the estate, you may end up having to pay the costs yourself.

Having a probate specialist handle it for you ensures everything is done correctly in line with the latest legislation. “I didn’t understand how it worked” isn’t usually accepted by HMRC as an excuse.

3) You Don’t Have The Time Or Emotional Headspace

As well as concerns regarding technical difficulty or costly errors, many people choose to employ a probate solicitor simply because they don’t want additional worry at a difficult time.

Using a probate specialist allows you to concentrate on your and your family’s needs at a time when time pressure and the emotional impact of a loss may be at their height.

Probate Solicitor Near Me

How Much Money Can You Have In The Bank Before Probate In The UK?

The probate process can be a long and involved one that many people want to avoid. So, how much money can you have in the bank before probate in the UK?

Unfortunately, there isn’t a set limit. Individual banks set their own “thresholds” for how much can be in the deceased’s accounts before they ask to see a Grant of Probate.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

If you aren’t sure whether you need a Grant of Probate to access funds in a deceased person’s bank accounts, here is everything you need to know:

What Is Probate?

Before we start, it’s worth being clear on what probate is. Probate is the legal right to administer the estate of a deceased person.

Applying for a Grant of Probate (the legal document that gives you the right) takes about a month. There are several forms to fill in and it can only be done by the person named as the executor in the will.

If there is no will, you need to be one of a set list of close relatives (listed under the intestacy laws) to apply for a similar legal permission document called a Grant of Letters of Administration.

How Much Money Can You Have In The Bank Before Probate In The UK?

Of course, as a general rule, you can’t access the bank accounts of other people. Just because a person has passed away doesn’t mean someone can automatically access their funds.

Each bank sets its own “probate threshold” at which it will ask for proof you are allowed to access the accounts.

This is where the Grant of Probate or Letters of Administration come in. They are the proof you need before you can access the full funds in the account of someone who has died.

However, most banks will allow you to access some funds. For example, you need to pay Inheritance Tax from and on the estate before you can apply for probate. Banks understand this.

Will A Bank Release Funds Without Probate?

The decision as to how much can be in a deceased person’s account without probate being required to access is down to each individual bank. In general, the rules are different:

For a small estate – is an actual thing in the law. A “small” estate has to be valued under £5000 and not include any property. Banks will normally release small estate funds without probate.
On average – the average starting probate threshold tends to be between £10 000 and £15 000.
Under special circumstances – even if the amount in the account is below their threshold a bank may still request to see a Grant of Probate if the estate’s details are unclear in any way.

How Much Can You Have In A Bank Account Before It Goes To Probate?

This depends on the institution the account is with. Individual banks may also total the amounts differently – either in all the accounts a person held or the total value of the estate.

Although this is subject to change, the banks and other financial institutions in the UK set their thresholds approximately like this:£15 000 in account or less

National Savings & Investments – £5 000, though this may rise to £15 000 depending on how many executors are named in the will
AXA – £10 000
Bank of Ireland – £10 000
M&S Money – £15 000
The Post Office – £10 000

£20 000 to £25 000 in account

Sainsbury’s Bank – £20,000
Birmingham Midshires – £25 000
Cheltenham & Gloucester – £25 000
NatWest – £25 000
Royal Bank of Scotland – £25 000

£30 000 in account or more

Britannia – £30 000
Co-op Bank – £30 000
First Direct – £30 000, though this may rise as high as £50 000 if any of the beneficiaries of a will are children. First Direct often decides on the merits of each individual account
HSBC – £30 000, though like First Direct this may rise as high as £50 000 in individual cases or if beneficiaries are children or the deceased’s spouse

£50 000 in account

All of the following banks and building societies allow there to be £50 000 in the accounts of a deceased person before they ask for proof of probate:

Aviva
Bank of Scotland
Barclays
Halifax
Lloyds TSB
Nationwide
Santander

What Amount Triggers Probate?

If you need any support in the probate process – including any questions about how much money you can have in the bank before probate is triggered – get in touch with our experts today.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

UK Inheritance Tax Late Penalties

Britains have been hit with £6 million penalties for late filing of death taxes – UK Inheritance Tax Late Penalties Revealed!

Brits losing loved ones are being hit with £6 million a year in penalties for filing inheritance tax accounts late^[1], analysis of HMRC data reveals
Estates in the South East paid an estimated £1.3 million in penalties, narrowly beating London residents, who faced a £1.2 million bill
Residents in Richmond, West London, were worst hit, with 27 estates facing fines of £44,000 in one year
Solicitors Near Me urges those inheriting to seek help from a lawyer to avoid late filing penalties

British estates are paying £6 million a year in penalties for filing inheritance tax accounts late^[1], reveals analysis by Solicitors Near Me.

The charges come on top of the tax itself, which raised £6 billion for the Chancellor in the most recent full-year figures^[2].

Some 4,990 estates in the South East paid more than £1 billion in inheritance tax in one year, second only to London. The 858 who filed their accounts late are likely to have paid £1.4 million in penalties. In London, the 721 late estates are predicted to have paid almost £1.2 million in fines.

Inheritance tax is charged at 40% on the value of an estate above £325,000, though there is nothing to pay if assets are left to a spouse, civil partner, a charity or a community amateur sports club.

Accounts must be filed by the end of the sixth month after the person died, with a £100 penalty being applied for late accounts. An additional £100 penalty would apply if the accounts are six to 12 months late, with a monthly fee applying from then on up to a maximum of £3,200^[3].

Table: Inheritance tax paid and late accounts penalties by UK region
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The parliamentary constituency of Richmond Park in West London had the most people paying inheritance tax, with the 159 estates forking out £62 million. The 27 estates filing late accounts were projected to have paid £43,757 in penalties.

Table: Parliamentary constituencies paying the most inheritance tax penalties
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Solicitors Near Me is urging executors of estates to seek help from a lawyer as quickly as possible to avoid incurring a late filing penalty.

Nicholas Jervis, CEO of Solicitors Near Me, said: “Many people feel inheritance tax is an unfair cash-grab by the government, so news that Brits are paying £6 million in penalties is rubbing salt in the wound.

“Talking to an experienced solicitor as soon as possible is the best way to make sure you’re paying not a penny more than you have to.

“A good solicitor can also help the process go more smoothly during what can be a difficult time for grieving families.”

Notes to editors

Data from HMRC: Inheritance Tax statistics: Table 12.12was used to find estates liable for inheritance tax in the year 2019/20. An approximation of the number of accounts filed late was gained by examining the number of self-assessment tax returns filed late. In 2020/21, some 2,090,000 late filing penalties were issued for 12.2 million returns. 2.09 million / 12.2 million = 17.2% of accounts filed late. The average penalty was taken to be £3,200 / 2 = £1,600.
HMRC: Inheritance Tax statistics: Table 12.1 – analysis of receipts
HMRC: Inheritance Tax manual

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Can You Do Probate Yourself?

Can you do probate yourself? Yes, you can do probate yourself. There’s no legal requirement to hire a probate solicitor or any legal professional.

The big question is whether you should do probate yourself.

To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here is everything worth considering before you start applying for probate with no legal expertise on your side:

What is probate?

Probate is the legal right to deal with the estate of someone who has passed away. To get this permission in most of the UK, you need to apply for a legal document called a Grant of Probate (in Scotland, it’s called a Grant of Confirmation). You also need to be an executor named in their will.

If there is no will, you are technically applying for a document called a Grant of Letters of Administration and to be the administrator of their estate rather than the executor.

Once you have successfully obtained probate, you have the right to access their bank accounts, sell any property, and generally handle their assets according to their will (or the Rules of Intestacy if there is no will).

Can I do probate without a solicitor?

Yes, you can do probate without a solicitor and many people do. If the estate is relatively simple, doing probate yourself can be the most cost-effective way to proceed.

That said, the process of applying for probate isn’t always straightforward. The role of executor or administrator of an estate comes with many responsibilities. It also opens you up to potential personal liability for any errors you make along the way. Even if you were trying your best.

Is probate difficult to do yourself?

This very much depends on the complexity of the estate.

You may be able to handle probate for a simple estate yourself. This would be the kind of estate with a low value or when all the property is owned jointly and the surviving partner will simply inherit everything.

When things like Inheritance Tax get involved though (the threshold for Inheritance Tax in the UK is currently £325 000), it becomes increasingly worthwhile considering getting at least some legal advice.

Should I do probate myself? Things to consider

There are a few vital issues to think about before you take on the challenge of doing probate yourself:

1) Paperwork

The job of applying for probate and then being executor or administrator of an estate involves a lot of paperwork. If you don’t find this easy, it’s important to prepare yourself or consider other options.

2) Legal complexity

The forms required to apply for probate can be completed by someone with no legal expertise.

However, working out things like who the beneficiaries of a will really are can be challenging. For example, what if a charity beneficiary has ceased operations since the will was written?

3) Personal liability

As the executor of the estate, you can be held personally liable for mistakes made during the administration.

For instance, if a creditor was not given sufficient time to claim repayment of a debt, you might have to cover that debt. You also have to ensure the correct Inheritance Tax is paid.

4) Obligation to notify creditors and pay debts

The estate is legally obliged to pay its bills. This might be actual bills, but may also be a mortgage or other debts.

As executor, you are obliged to give creditors a set period in which to step forward and make a claim on the estate. This can involve a great deal of investigatory work to track all debts down.

You are also obliged to advertise the death. This usually includes placing a death notice in The Gazette as well as other reasonable steps to spread awareness of the death.

5) Probate applications can be rejected

Though probate application forms can be completed by a layperson, they are not necessarily the easiest to understand for someone without a legal background.

Incorrect paperwork can lead to probate applications being rejected. You’ll then need to address these issues and apply again, usually leading to – at the very least – weeks and possibly months of delay.

6) Applications and actions can be contested

It is critical that you keep thorough records of your actions and the estate accounts if you are an executor. This is because the beneficiaries of the will have the right to contest any costs or actions they feel aren’t right.

When should I use a probate solicitor?

There are several circumstances in which it’s usually not a good idea to handle probate yourself:

Relationship difficulties – trying to deal with the death of a loved one at the same time as complex legal affairs is unpleasant, leading many close relatives to stay clear of the probate process. The same is true if relationships between surviving family members are difficult.
Complexity challenges – when there are many different assets, many different beneficiaries, or the estate has a large value, it gets progressively harder to be confident you’re meeting the legal responsibilities of an executor.
Valuation or tax confusion – if Inheritance Tax needs to be paid, it’s an easy dividing line telling you it’s worth considering calling in legal expertise. The same is true of assets like property that need to be professionally valued if they’re not to be contested.

Can I start probate myself and then change my mind?

Of course, there’s nothing wrong with looking into the probate process a little to see if you feel you can handle it yourself and then calling in a probate expert to take over.

Doing probate yourself is often the most affordable way to handle the affairs of someone who has died. Yet probate solicitors and other specialists exist for very good reasons.

How about talking over your personal situation with an expert without any commitment?

Solicitors Near Me will find you a friendly probate specialist for free and with no obligation.

Tell us about the kind of advice you need today.

To find a specialist probate solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.

To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How To Do Probate Yourself

Amidst the grief of the passing of a loved one, the complex legal process of probate is often the last thing you want to deal with. Yet it can minimise the costs associated with a death.

To be connected to a specialist probate solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here’s everything you need to know about how to do probate yourself:

What Is Probate?

Probate is the legal right to manage the estate of someone who has died. Their “estate” is all of their assets – the property, money, investments, and personal possessions they owned.

In order to administer this estate, you need to apply to the Probate Office for either a:

Grant of Probate – if the person who has died left a will. This grant gives you the right to access the deceased’s assets and follow the instructions in the will for their distribution.
Grant of Letters of Administration – if there is no will, you can apply following what are called the Rules of Intestacy (which can be thought of as a sort of default will).
Grant of Confirmation – if you are in Scotland, the probate process is slightly different and referred to as confirmation.

Not every estate needs to go through the probate process. For example, you won’t need to if all property is jointly owned and there is a survivorship clause.

Can You Do Probate Yourself Without A Solicitor?

Yes. There is no law forcing you to use a solicitor to obtain probate.

However, it is worth underlining that doing probate yourself can be time-consuming and complicated. You can also find yourself personally liable (that is to say, at the risk of needing to cover costs yourself) if mistakes are made during the process.

Only for a relatively simple estate is it a good idea to go ahead with applying for probate yourself with no legal expertise whatsoever.

How To Do Probate Yourself

If the estate is a complicated one, it’s definitely worth at least talking it over with a probate solicitor before you get started. But if you are sure you want to do probate yourself, here’s how to go about it:

1) Register The Death

In most of the UK, you need to register the death within five days. In Scotland, it’s eight days.

This is important to do not only legally but also because you will need multiple copies of the death certificate during your probate application.

2) Locate The Will

Next, confirm that there is a will and that you are named as one of the executors. The will should also explain who the deceased’s assets should go to and the funeral plans they wanted.

If there is no will or it doesn’t name an executor – or if the named executor is incapable for some reason – you can apply for that Grant of Letters of Administration. If successful, you then become the “administrator” of the estate instead of an executor.

3) Pay Inheritance Tax

Somewhat confusingly, you need to pay Inheritance Tax (IHT) before you can get your Grant of Probate document. This means you need to value all of the deceased’s assets and add them up, including:

Money in bank accounts and building societies
Property and land (these will normally need to be professionally valued)
Stocks, shares and other investments
Personal possessions
Potential negatives, such as debts they owed

The Inheritance Tax threshold in the UK is currently £325 000. If the deceased’s estate is valued at less than this, you won’t need to pay IHT – it counts as an “excepted” estate. If it is worth more than that threshold, you need to pay the correct tax. This can usually be done from the estate itself.

It’s also worth knowing that there are ways to increase this limit (such as the “residence nil-rate band” if property will pass to a direct descendant) or other ways an estate might be excepted from IHT (such as if all property is jointly owned and passes to the deceased’s partner).

You have six months from the end of the month in which the person passed away to pay all of the IHT that’s due. You can’t get probate until this is done.

4) Apply For Probate

Only now can you apply for probate. You can do this online or by paper depending on the estate.

5) Notify Relevant Parties

It’s also your job as executor or administrator to notify all relevant parties of the death. This means locating the deceased’s bank accounts, investments, utility companies they used, government bodies, and even any creditors. You will usually need to:

Search paperwork, files, and hard copies
Look for digital accounts and online platforms
Trace through My Lost Account and other similar services
Post a notice of death in The Gazette

6) Pay Off Any Debts

If the deceased owed money to any creditors (this includes things like their mortgage) then the estate is liable for paying it. It’s important to note that the deceased’s family is not liable for debts if the estate runs out of money.

There is a strict priority order in which debts need to be paid. If you don’t follow it, you can be personally liable for covering the costs if someone tries to claim something they’re owed later down the line.

7) Claim Any Life Insurance

One often-overlooked factor is that someone who has died may have had an unknown life insurance policy that can help cover any costs. This is one of the key things to look for when investigating the deceased’s estate.

8) Distribute The Remaining Assets

Finally, it’s time to distribute the remaining assets from the deceased’s estate in line with the wishes laid out in their will. If there is no will, you usually have to follow the Rules of Intestacy.

A common misconception is that the deceased’s partner is automatically due a share of their estate. Sadly, the law doesn’t recognise unmarried partners unless they are mentioned in the will.

The Best Tip For Do It Yourself Probate

As you can see, applying for probate yourself is a complex and potentially time-consuming process, but it is possible. The most important thing is to be systematic and very organised. Make notes. Make a plan. Keep records of where you’re at. If in doubt, legal advice is easy to access.

Want to talk through how to do probate yourself (or with a bit of advice)?

Solicitors Near Me can find you a helpful and friendly probate solicitor to chat with – for free and with no obligation.

Reach out to us today for a chat about your personal situation.