Probate

When a loved one passes away, it is often up to a family member to deal with their estate. This can be a daunting task which can often turn into a far more complicated process than you might expect it to be – particularly if there is not a valid Will in place.

We know that this will already be an upsetting time for you and, as the executor or administrator of an estate, you may be unsure about what you need to do next and who you can turn to for some clarity, guidance and support. That is where we can help.

If you are acting as the executor or administrator of a deceased person’s estate, or are next of kin, we can help you deal with everything correctly and efficiently, whether there is a Will in place or not, taking the pressure off you during this difficult time in your life.

Our specialist probate solicitors in Ossett, Wakefield, Garforth and Sherburn in Elmet, have extensive experience in all aspects of probate law, having helped many individuals and families with the swift and effective administration of a deceased person’s estate.

Estate Administration

We will be on hand, when you need us most, to guide you through every step of the estate administration process, either providing advice or acting on your behalf, taking care of everything from start to finish and lifting the burden off you.

Our expert team of probate solicitors at Thornton Jones can help you with a full range of probate law services that can be tailored to match your particular needs and circumstances. The types of issues we can help you with include:

Obtaining a Grant of Probate
Obtaining a Grant of Letters of Administration
Estate administration
Interpreting a Will
Challenging a Will
Defending a Will
Tax planning including inheritance tax and capital gains tax
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Contentious probate

The Probate Process

Probate is the legal process of administering a deceased person’s estate which is made up of their money, property and any possessions they had at the time of their death.

Our dedicated team of probate solicitors will be on hand to guide you seamlessly through the probate process, ensuring that all the required tasks are completed efficiently and correctly, helping you to avoid any claims being made against the estate or any potential disputes arising.

Probate Registry

Assets in an estate remain frozen until the Probate Registry gives the authority to the executor nominated in the Will. This authority is in the form of a document known as a Grant of Probate. We will help you with the process of probate which involves:

Applying for the grant of probate
Collecting any money that is owed
Selling estate property and assets
Settling any debts due (including any outstanding taxes)
Closing bank accounts
Dividing the estate between the beneficiaries

Rules of Intestacy

Where there is a valid Will, the estate will pass to those named in the Will. Where there is not a valid Will, a suitable family member could apply to be an administrator and can, therefore, act on behalf of the estate where the Rules of Intestacy will apply.

Whatever your circumstances, our expert probate solicitors will be there to advise you at each and every stage of the probate and estate administration process, through any issues that might arise, and will be ready to help you with matters such as:

Interpreting a Will.
Establishing the size of an estate for probate and inheritance tax purposes.
Preparing an application for the Grant of Representation or Grant of Probate.
Lodging the required forms with the relevant organisations to collect monies due to the estate and settle any outstanding debts.
Arranging the transfer or sale of shares.
Handling the sale of property or land.
Preparing interest and inheritance tax returns.
Preparing estate accounts.
Advice on post death tax planning to reduce capital gains and inheritance tax liabilities

hat is the difference between “Grant of Probate” and “Letters of Administration”?

In the UK, the term “Grant of Probate” refers to the legal document issued by the Probate Registry that authorises the named executor of a will to administer the deceased person’s estate. However, if there is no valid will, the process is different. In this case, the court issues “Letters of Administration” to appoint an administrator (usually a close relative) to handle the estate. The key difference is that a Grant of Probate is based on the existence of a will, while Letters of Administration apply when someone dies intestate (without a will).

How long does the Probate process take in the UK?

The length of time required for probate can vary, but on average, it takes between 6 to 12 months to complete the process. Several factors influence the timeline, such as the complexity of the estate, whether there are any disputes among beneficiaries, or if the deceased’s assets require the sale of property or business interests. After the Grant of Probate is obtained, the executor or administrator must also ensure all debts, taxes, and liabilities are settled before distributing the remaining assets. This can add time, particularly if there are complicated financial matters.

Do I need a solicitor to apply for Probate in the UK?

It is not a legal requirement to use a solicitor to apply for probate in the UK, and many people choose to handle the process themselves, especially for straightforward estates. However, if the estate is complex, involves significant assets, or there are potential disputes among beneficiaries, it may be advisable to seek professional legal help. Solicitors can provide guidance on how to properly navigate the process, ensuring that all legal requirements are met and helping to resolve any challenges that may arise during administration.

Click here to view our Wills & Probate Fees

The experience of the people who may carry out the work for you

Our Private Client Team consists of:

Elizabeth Fyfe – (Director) STEP qualified Solicitor, Solicitor for the Elderly and member of the Association of Contentious Trusts and Probate Solicitors
Amanda Gait – Senior Solicitor
Joanne Gibson – Senior Solicitor
Melanie Pickering – Solicitor
Melita Roberts – Solicitor
Francesca Thomas – Solicitor