Probate and Administration of Estates

What is Probate

Probate or administration of estate is a term commonly used to refer to the manner in which the people responsible for dealing with the deceased's estate carry out their duties.

A Grant (otherwise known as a Grant of Probate or Letters of Administration) is a legal document granted by the Probate Registry, which confirms that the personal representatives have authority to deal with the assets in the deceased's estate. All of the deceased's assets and liabilities have to be ascertained and valued.The assets less any liabilities are known as the estate. If the deceased left a valid Will, then the executors appointed are the only people entitled to deal with the estate. They will need to apply for a Grant of Probate (if necessary) and can start dealing with the estate straightaway.

If there is no Will, then the estate will be administered in accordance with the Intestacy Rules and the deceased's spouse or nearest blood relatives, known as administrators, will need to apply for a Grant of Letters of Administration. They will have no access to the deceased's estate until they have obtained the Grant. If the value of the estate is over £5,000 and the deceased left a valid Will, it may be necessary to obtain a Grant of Probate. Where there is no Will then a Grant of Letters of Administration must be obtained. Where the estate is £5,000 or less, it may be dealt with under the Small Estates Procedure.

Do you need a grant to deal with the estate?

A Grant is usually required where the deceased's estate includes:
  • Stocks or shares

  • Some insurance policies

  • property or land held in their sole name or as tenants in common.

  • savings and investments

Dealing with the administration of an estate requires skill and experience. The responsibilities and duties of the personal representatives are numerous. They will be personally liable to the beneficiaries if they fail to administer the estate properly

Deed of variation

A Deed of Variation may be used to alter the deceased's Will after death. Any variation must be done within two years of the date of death. The beneficiaries of an estate may vary the provisions of a deceased's Will so that:

  • It's more tax efficient

  • To preserve assets

  • To alter the entitlement to the estate.

Why use our Probate service?

People use Y Bacchus & Co Solicitors probate service because we:
  • Take the stress out of dealing with the probate.

  • Provide a highly competitive fixed fee probate.

  • Offer Free no obligation probate consultation.

  • Provide a professional, personal and friendly service.
  • Provide a comprehensive and specialist probate service.

  • Mitigate inheritance tax and asset preservation through Deeds of Variation.

  • Are authorised and regulated by the Solicitors Regulation Authority.