Probate

Probate is the term often used to describe the process of applying for a Grant and the distribution of an Estate when someone has died. The Estate is distributed according to their Will, or the law of intestacy if they did not have a Will. When a family member or a friend pass away, it is an emotional time. At 828 Law we understand you need someone efficient but empathetic to help you manage aspects of their Estate.
When someone dies, their assets need to be transferred into the names of the beneficiaries. Some assets, such as a property, shares, or financial accounts over certain limits need a document giving the legal authority to the Personal Representatives of the deceased for these assets to be transferred or distributed to the beneficiaries. This legal authority is called a Grant of Representation. However, the process depends on whether the person who died has left a Will.

When the person who died left a Will:

A Will appoints the Executors of the Estate of someone who has died. They are the Personal Representatives of the Estate. The Executors will apply for a Grant of Probate which proves a Will is valid and confirms the authority of the Executors. The Executors will be issued with
a Grant of Probate. The Executors need the Grant of Probate to undertake certain transactions for the Estate, such as the selling or transferring a property; selling or transferring shares; or arranging for funds to be released from financial accounts depending on the limits set by the bank or building society. Once the liabilities of the Estate have been settled, the Executors distribute the Estate to the beneficiaries according to the Will.

When the person who died did not have a Will:

If the deceased did not have a Will, the intestacy rules set out who is entitled to deal with the Estate. They are referred to as Administrators, rather than Executors, and they will be the Personal Representatives of the Estate. They will apply for a Grant of Letters of Administration. This is a type of Grant of Representation which confirms the authority of the Administrators to manage and collect the assets of the Estate. Once the liabilities of the Estate have been settled, the Administrators distribute the Estate to be the beneficiaries according to the law of intestacy.

How can 828 Law help?

At 828 Law we can deal with the administration of the deceased’s Estate, on behalf of the Executors or the Administrators. We will contact all the institutions with whom the deceased held accounts, to ensure that they have been notified of the death, and any bank or building society accounts will be frozen to protect the assets. We can assist in obtaining valuations for assets such as a property.
We will arrange for the funeral invoice to be to be settled promptly from funds held in the deceased’s bank or building society account. We will collate the relevant information in regard to the assets and liabilities of the Estate, and arrange for any inheritance tax liability of the Estate to be settled.
We will prepare the application needed for the Executors to obtain the Grant of Probate or for the Administrators to obtain the Letters of Administration. Upon receipt of either Grant of Representation we will arrange for all assets to collected from the relevant institutions and
settle the liabilities of the Estate, such as outstanding care home fees or return any pension overpayments. We will place a statutory notice for any unknown creditors to identify themselves. Estate Accounts will be prepared to account for all the assets and liabilities of the Estate from the date of death until distribution to the beneficiaries.
Our Conveyancing Team can be instructed to sell or transfer any property that forms part of the Estate. We will arrange for the distribution of the Estate to the beneficiaries, including any gifts or legacy in a Will to be paid to a charity.
Contact us for a free initial consultation.

Click to View our Probate Process
1.

Initial Consultation

2.

Valuing the Estate

3.

Applying for Probate or Letters of Administration

4.

Collecting the Assets

5.

Settling Debts & Distributing the Estate

6.

Finalising the Process

Click here for a comprehensive overview of the probate process

Initial Consultation

Meet with the family or executor to understand the estate.
Review the Will (if there is one) or explain intestacy rules (if no Will exists).
Advise on responsibilities, timelines, and potential complexities.

Valuing the Estate

Gather details of assets (e.g., property, bank accounts, shares, pensions).
Identify any debts or liabilities that need settling.
Arrange for professional valuations if needed.

Applying for Probate or Letters of Administration

Prepare and submit the necessary probate application.
Complete inheritance tax (IHT) forms and pay any tax due.
Submit the application to the Probate Registry.

Collecting the Assets

Once probate is granted, notify banks, financial institutions, and other relevant parties.
Close accounts, sell or transfer property, and gather all estate funds.

Settling Debts & Distributing the Estate

Pay off outstanding debts, funeral expenses, and taxes.
Distribute remaining assets according to the Will or intestacy rules.
Provide beneficiaries with final estate accounts.

Finalising the Process

Ensure all legal, tax, and administrative duties are completed.
Issue a final statement to the executor and beneficiaries.

View Pricing

Our Fees

For applying for and obtaining the grant, collecting and distributing the assets:

1.95% of the gross estate plus VAT and disbursements.

The exact cost will depend on the individual circumstances of the matter. Our minimum fee is £950.00 plus VAT of £190.00, totalling £1,140.00 (excluding disbursements).

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. These are likely to include:

  • Probate application fee of £273.00, plus £1.50 per copy if requested at the time of the application (at the Court’s current rate)
  • Notice in The Gazette – £104.76 (Protects against unexpected claims from unknown creditors)
  • Anti-Money Laundering search – £15.00 (for two executors)
  • Post in a Local Newspaper – This varies depending on the newspaper and can range from £40–£200 (Also helps to protect against unexpected claims)

Potential Additional Costs

  • If there is no Will or the estate consists of any share holdings (stocks and bonds), there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a personalised quote once we have more information.
  • If any additional copies of the grant are required, they will cost £1.50 if requested at the time of the application. If requested after the grant has been received, these cost £10.00 each.
  • Dealing with the sale or transfer of any property in the estate is not included.
  • Preparing Probate form IHT400 when inheritance tax is due.

What’s Included

We will handle the full process for you. These costs are for estates where:

  • There is a valid Will
  • There is no more than one property
  • There are no more than 2 bank or building society accounts
  • There are no other intangible assets
  • The beneficiary’s whereabouts are known
  • There are no disputes between beneficiaries on division of assets (we do not act in contentious estates)
  • There is no inheritance tax payable and the executors do not need to submit a full account to HMRC (IHT400)
  • There are no claims made against the estate
  • There are no assets outside England and Wales

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