There are a range of options available to you. You can:
How to deal with probate
Do it yourself
Use a specialist company such as itc Legal Services
Use a solicitor
Use a bank
More information on each of these options is included below.
Do it yourself
A minority of families apply for probate themselves. If you have the time and the confidence many people find it a useful way to occupy their minds after recent bereavement. However this process should not be taken lightly as some areas are complex and unless it is a very simple estate it will normally take between 6-9 months.
Do it yourself
A minority of families apply for probate themselves. If you have the time and the confidence many people find it a useful way to occupy their minds after recent bereavement. However this process should not be taken lightly as some areas are complex and unless it is a very simple estate it will normally take between 6-9 months.
Most people applying for probate are doing so either because they have experience in this field, or the estate they are dealing with is very small. In the majority of cases this means that the deceased did not own their own home and their personal wealth was not enough for their estate to be liable for Inheritance Tax.
Our free guide and letter templates which we have written to help you if you wish to apply for probate yourself can be downloaded from the end of this section. We recommend you read the remainder of this section to assist in making your decision. If you are unable to download the guide, have any queries on either its content or whether you should be administrating probate yourself, please call our helpline on 0800 634 9494.
You should seek professional advice if:
You think there is a Will but it cannot be found
There is doubt about the validity of the Will
The Will is likely to be contested
The whereabouts of all the beneficiaries is not known
The terms of the Will are not clear
Part of the estate will be subject to Inheritance Tax
There is no Will and the deceased was married with children and the estate is over £125,000
There is no Will and the deceased was married and the final value of the estate is over the Inheritance Tax threshold, currently £312,000.
The Estate may be liable to inheritance tax and the husband or wife of the deceased has died previously and none or only some of their inheritance tax allowance was used at that time.
There is no Will and the value of the estate is over £200,000 and the deceased left behind a spouse or civil partner with no children
Irrespective of whether there is a Will a part of the estate is to pass to children under the age of 18
The deceased has left money or property in a trust
The deceased owned a business or was a partner in a business
The deceased owned land or property that has an unregistered title
The deceased owned land or property abroad
Someone is due to benefit from a life interest in the estate
No more than two years have passed since the deceased inherited from another estate
The estate is insolvent
Use a specialist probate company such as itc Legal Services
The information below relates specifically to itc Legal Services. itc Legal Services is only able to deal with probate in England & Wales.
The information below relates specifically to itc Legal Services. itc Legal Services is only able to deal with probate in England & Wales.
They are recommended by the National Association of Funeral Directors (NAFD)
They are the largest probate company in the UK
They have a national network of employees
They provide a free home visit
They are half the cost of solicitors (based on the Law Society's recommended rates)
Their prices are fixed
They pay the funeral costs immediately on behalf of the estate and refund any disbursements the family has had to pay
They offer an integrated service for the sale of property.
Please call us for more information on itc Legal Services.
Use a solicitor
You should consider using a solicitor especially if they regularly looked after the deceased's legal issues.
How to find a solicitor
If you want to use a firm of solicitors, it is a good idea to speak to your friends and relatives. Ask them if they have used a solicitor for probate. It is important to stress probate, as although some departments in a firm may be proficient, they may not have someone specialising in probate.
If you are recommended a probate solicitor, you should visit them and ask for a fixed quote for administrating the estate. Solicitors often charge on a per hour basis, but it may be possible to negotiate a fixed fee. If you do not insist on a fixed fee, charges will often be more than you initially expected.
To find a local firm of solicitors, click on the link here to Law Society's website and enter your postcode.
How long will it take?
Depending on the complexity of the estate, most should be completed within 6 to 9 months although this can be extended for complex estates, for example, if property has to be sold.
Use a bank
The banks do provide a probate service, however their costs can be higher. If you already have a close relationship with your bank, you may prefer to use their service. Some banks do not offer a probate service for smaller estates.
Since publication of "A step by step guide to completing probate" there have been some changes in the legislation. Download the following document for the necessary amendments and for further clarification in selected areas of the guide.
Page Last Updated : 03/07/08