What is Probate?
Posted on 20th December 2023
When someone contacts us after their loved one has passed away, the first question we are normally asked is ‘What is Probate?’.
It’s a term that is thrown around by all manners of people – our Probate Solicitors in Lancaster, Funeral directors, Banks, Mortgage Companies – the list goes on and on. But, what is Probate and why do you need it?
MG Legal’s Probate Solicitors in Lancaster are specialists in Probate matters, and have put together some answers to the top questions they are asked.
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What is Probate?
Our Probate Solicitors would explain that Probate is the legal process of obtaining authority from the Probate Registry to deal with a person’s estate. Whilst fees for this can differ from solicitor to solicitor, at MG Legal, our Probate Solicitors in Lancaster offer fixed fees from as low as £650.00 + VAT (see our fees page, here, for more information).
Do I need Probate?
Not all the time. If the assets of the deceased person are quite minimal (such as only a small amount in the bank and no property) then the bank may not require that a Grant of Probate is obtained. However, if there is money in the bank and/or property (or other large assets) then Probate will generally be required. Our Probate Solicitors be able to advise you if you need Probate, and any costs involved, before you decide whether or not to proceed with us.
I am only the deceased’s friend, can I get Probate?
Probate is usually granted to whomever the deceased has named as the executor in their Will, so if you are that person then yes, you can. However, if the deceased has not left a Will or you cannot locate one, then the equivalent to the executor, known as an administrator, will be the person entitled to make an application for Probate.
In intestate estates, the application is for Letters of Administration, and the order of priority is dictated by the Rules of Intestacy. This will firstly be the surviving spouse or, if none, child/children, if over 18. If there aren’t any or they do not wish to act, then this will fall to grandchildren or great-grandchildren or to the deceased’s parents. If none of these people are able to make the application, then the role would likely pass to brothers/sisters/nieces/nephews or to your grandparents or aunts/uncles.
Whilst it’s not always the case that an estate will need to pass this far, if none of the above are available then the deceased’s estate will pass to the Crown.
How do I get a Grant of Probate if I am named as an executor in the deceased’s Will?
MG Legal’s Probate Solicitors in Lancaster will be able to help you collect all the relevant financial information and documents (usually by writing to the banks, mortgage companies, etc) on your behalf, and will help you to prepare the application for Probate and tax forms. You will need to sign a Statement of Truth about the estate, which is sent to the Probate Registry, along with the Will (if available) and the relevant tax forms.
How much does an application cost?
MG Legal Lancaster Solicitors’ fees are fixed and start from as low as £650.00 plus VAT. There is a Probate Registry fee payable which is £273.00 for the application, and £1.50 for every copy of the Grant of Probate required (as of December 2023). You will normally need one for each bank or mortgage company you wish to obtain money from/close accounts with, unless they will accept a certified copy.
Why choose MG Legal Solicitors?
Transparent fees.
Our solicitors offer their services on a clear fixed-fee or hourly rate, and accept personal injury claims on a no win no fee basis.
We are the experts.
Here at MG Legal, our team of friendly solicitors are fully-qualified and have over thirty years' experience in helping clients just like you.
Regular communication.
When you work with MG Legal, your solicitor will be in regular contact so you have step-by-step updates.
Multiple office locations.
If you are looking to instruct our solicitors, we have offices in Garstang, Longridge, Lancaster and Lytham for your convenience.
If you have any questions about how to obtain a Grant of Probate, or you would like the assistance of our Probate Solicitors in Lancaster assistance, give us a call on 01524 581 306 for a free chat about how we can assist.
Or, if you need advice on another legal matter, such as Conveyancing, Personal Injury Compensation claims, or Medical Negligence Compensation claims, contact our solicitors in Lancaster to discuss your needs.
MG Legal offer fixed fees in Conveyancing sales and purchases (both residential and commercial), Wills, Lasting Powers of Attorney and Probate matters, and “No-Win, No-Fee” Personal Injury and Medical Negligence compensation claims. Email us today on wills@mglegal.co.uk, or contact us, here.
Fixed-fee Probate Solicitors:
MG Legal's leading Probate Solicitors offer our Grant of Probate applications on a clear, fixed-fee rate.
Our team put your first, and work with care to ensure that your wishes are met. Call us today on a free, no-obligation basis at: 01524 581306.
Get in touch today to speak to our Probate Solicitors.
This article was published on 19 February 2018, and was updated on 20 December 2023.
Tagged as: Probate, Solicitors in Lancaster
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