Probate Solicitors in Leeds

Our trusted Wills & Probate Team are here to help you at every stage of the probate and estate administration process.

We have a wealth of experience providing legal and practical support to executors, administrators and beneficiaries, removing anxiety at one of life’s most difficult moments.

The probate and estate administration process

After losing a loved one, the first step is to identify executors (if there is a Will) or administrators (if there is no Will).

The next step is to compile a list of assets (property, bank accounts, shares) and liabilities (debts, unpaid taxes, funeral costs) so that the net worth of the deceased can be established.

If the estate’s value is above £325,000 (or £650,000 if there is the transferable tax allowance) it may be the case that Inheritance Tax is payable, however there are certain allowances that may be applicable such as the residence inheritance tax allowance.

If the assets are of significant value, or if there is a property passing though the estate then a Grant of Probate will be needed. This is a legal document giving the Executors the authority to manage and distribute a deceased person’s estate.

If there is a Will, it will be called a Grant of Probate. If there is no valid Will, it will be called a Grant of Letters of Administration. Both documents look the same and grant the same authority to deal with the estate to the persons named.

If there is any Inheritance Tax to pay when an estate does not qualify as an Excepted Estate, then before the Grant can be applied for there will be a series of forms that must be completed and provided to HMRC.

Once the Grant is issued then the assets need to be collected in, any debts and liabilities settled, estate accounts prepared and remaining monies distributed under the terms of the Will (or the rules of intestacy if there is no Will).

The estate can then be formally closed.

Expert probate legal support when you need it most

We can guide you in a way that works best for everyone involved, however simple or complex the estate.

• Grant of Representation – We coordinate the process of having a Grant of Probate or Letters of Administration issued, and complete the necessary inheritance tax forms on your behalf.

• Full estate administration – We will identify assets and liabilities, establish the value of the estate, calculate whether IHT applies (completing appropriate forms and paying any tax due), apply for the Grant of Representation, collect in assets, settlement any debts, prepare estate accounts, and distribute the assets to beneficiaries.

As part of the estate administration process, our Team can help advise on whether there may be scope to reduce tax liability, for example by varying the Will.

If a dispute arises among beneficiaries, our dispute resolution team may be able to offer contentious probate advice, keeping everything under one roof, however sometimes it is necessary to seek independent legal advice in these circumstances.

Additionally, through our sister company Emsleys Estate Agents, we can also help with marketing and finding a buyer for any property.

Costs for probate and estate administration

We offer a fixed fee service for obtaining the Grant only. This is £1,500 plus VAT, plus Probate Court fees of £526, plus £2 per copy Grant. This is required for estates where there are no HMRC forms to be submitted.

Where HMRC forms need to be submitted, our fee would be from £2,500 plus VAT, plus Probate Court Fees of £526, plus £2 per copy Grant required.

Costs for full estate administration are based on an hourly rate fee plus VAT. We have a minimum fee of £4,000 plus VAT, plus Probate Court Fee and other disbursements.

For each case, you will be provided with an estimate of the anticipated costs at the outset.

If the costs seem likely to exceed these as the work is carried out, further estimates will be provided for your approval.

Trusted probate Team serving Leeds and Yorkshire

We are experts in every aspect of probate, having guided hundreds of clients through the process.

Whether you are simply seeking a straightforward grant of probate or you need help administering a highly complex estate, trust our experienced team.

From our office at No. 6 Colton Mill in Leeds, we provide a flexible, responsive and sensitive service to clients across Leeds and the Yorkshire region.

We are a Leading Firm in the Legal 500. We are also rated ‘Excellent’ on Trustpilot with 98% of customers saying they would use us again.

Probate & estate administration: frequently asked questions

Can I do probate without a solicitor?

There is no legal requirement to use a solicitor, but for where inheritance tax applies (or the estate has other complex elements), it is strongly recommended.

Not only can the process be time-consuming, but errors during estate administration can leave the executor personally liable.

How long does probate take?

The Probate Registry has a published timescale of 12 weeks to issue the Grant from the date they log the application as received. For complex applications or if they raise any questions or additional requirements the process can take longer.

The administration of an estate depends upon the nature of the assets, whether Inheritance Tax is payable and many other factors.

For a straightforward estate where there is no property to sell, it might take up to 6 months to complete the process.

For a more complex estate, with a property to sell for example, then it can take upwards of 12 months. Each estate is different.

Which estates don’t need probate?

Typically, if the deceased person’s assets are worth less than £5,000, distribution does not need to go through the probate process.

Estates made of mainly jointly-held assets or where everything passes to a spouse, may also not require probate.

What happens if someone dies without a Will?

If a person passes away without a valid Will, an administrator must apply for a Grant of Letters of Administration. There is a set order for who can make the application and this same order sets out who is entitled to inherit.