Probate Support, From a Straightforward Grant to a Complex Estate
Losing someone close to you is difficult enough without having to navigate an unfamiliar legal and financial process at the same time.
Probate can range from a relatively straightforward application for a Grant of Probate to the administration of a complex estate involving property, investments, multiple beneficiaries, lifetime gifts and Inheritance Tax (IHT).
At RG Law, our specialist Private Client team can support you with as much or as little of the process as you need. We can obtain the Grant of Probate, deal with HM Revenue & Customs (HMRC), calculate and arrange the payment of Inheritance Tax, administer the estate and, where property needs to be sold or transferred, work alongside our experienced conveyancing team.
Our aim is simple: to take away as much of the legal, administrative and financial pressure as possible, while keeping you informed about what is happening, what comes next and how long each stage may take.
What Is Probate and When Is It Needed?
Probate is the legal process involved in dealing with someone's estate after they die.
Where there is a valid Will, the people appointed as executors may need to obtain a Grant of Probate. If there is no Will, an appropriate person may need to apply for Letters of Administration.
The Grant gives the personal representatives the legal authority they need to deal with assets such as property, investments and bank accounts.
However, obtaining the Grant can be just one part of administering an estate.
Depending upon the circumstances, the process can include: * Locating and reviewing the Will * Identifying and valuing assets and liabilities * Establishing the Inheritance Tax position * Completing the necessary HMRC reporting * Paying any Inheritance Tax due *Applying for the Grant of Probate * Collecting money and closing accounts * Settling debts and expenses * Selling or transferring property * Preparing estate accounts * Dealing with beneficiaries * Distributing the estate in accordance with the Will or intestacy rules This is why two estates that appear similar at first can involve very different amounts of work.
From Straightforward Probate to Complex Estates
A straightforward estate
A relatively simple estate might involve:
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a valid and uncomplicated Will
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one or two executors
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a small number of easily identifiable assets
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no disputes between beneficiaries
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no complex lifetime gifts or trusts
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no Inheritance Tax to pay
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no need for a full Inheritance Tax account
For estates of this nature, RG Law can provide a Grant-only service, helping you complete the necessary process and obtain the Grant while you deal with the remaining administration yourself.
From Straightforward Probate to Complex Estates continued
A more complex estate
The position can become considerably more involved when there are:
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Substantial assets
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One or more properties
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Investments or business interests
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Trusts
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Gifts made during the deceased's lifetime
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Numerous beneficiaries
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Missing or difficult-to-identify assets
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Questions over available tax allowances or exemptions
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An IHT400 Inheritance Tax account
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Inheritance Tax to calculate and pay
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HMRC enquiries
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Property that needs to be sold
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Family disagreements or other complications
In these circumstances, professional probate and estate administration support can relieve executors of a significant administrative burden and help ensure that their legal responsibilities are dealt with properly.
How Long Does Probate Take?
One of the questions we are most frequently asked is "How long will probate take?"
Unfortunately, there is no single timeframe because every estate is different.
Before applying for probate, the estate needs to be valued and its tax position established. If the estate is not an "excepted estate", full details must be reported to HMRC using an IHT400, any required Inheritance Tax payment needs to be started, and the executors must wait for HMRC's unique code before making the probate application.
Once a complete probate application has been submitted, HM Courts & Tribunals Service says a Grant will usually be received within 12 weeks. It can take longer if additional information is required
But receiving the Grant is not the same as completing the estate. After the Grant, assets may still need to be collected, property sold, liabilities settled, tax matters resolved, estate accounts prepared and distributions made to beneficiaries. That means estate administration can continue for many months after the Grant has been obtained. Why can probate be stressful? Executors are often dealing with probate while they are grieving, working, supporting their family and trying to manage the expectations of beneficiaries. Delays do not necessarily mean that something has gone wrong. That is why we believe communication is such an important part of probate. We explain the likely stages and timescales from the outset, provide meaningful updates and let you know when progress depends upon HMRC, HMCTS, banks, beneficiaries or other third parties.
Inheritance Tax, HMRC and Paying the Tax
Where Inheritance Tax (IHT) is due, some of the tax will usually need to be paid before the Grant of Probate can be issued. This can create financial pressure because executors may not yet have access to all of the estate's assets.
Depending on the estate, there may be different ways to fund the tax, including using money held in the deceased's accounts, paying certain tax by instalments or, in some circumstances, arranging short-term funding.
How RG Law can help
Our Private Client team can:
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Calculate the potential Inheritance Tax liability
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Identify available allowances, exemptions and reliefs
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Prepare and submit the required information to HMRC
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Explain the options available for paying the tax
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Deal with HMRC enquiries
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Progress the Grant of Probate once the relevant requirements have been met
We can manage the probate and Inheritance Tax process for you, helping to reduce the pressure on executors at what can already be a difficult and stressful time.
Completing Probate Correctly: Why Accuracy Matters
Applying for probate is not simply a matter of filling in a form.
Before an application is made, the executors may need to establish the assets, liabilities and value of the estate and determine whether full Inheritance Tax reporting is required.
For a non-excepted estate, the IHT400 and relevant supporting information must be submitted to HMRC before the probate application can proceed.
Incorrect or missing information can lead to HMCTS requesting further information, which can delay the Grant. If information is missing probate can take longer.
Tax errors can be more significant. Assets, liabilities, lifetime gifts, exemptions and reliefs all need to be considered carefully when determining an estate's Inheritance Tax position. Executors and administrators also carry legal responsibilities when administering an estate. Using a probate law firm provides professional support through this process and helps ensure that the correct information is obtained, tax requirements are considered and the estate is administered properly before money is distributed to beneficiaries. Getting it right at the beginning can help avoid unnecessary delay, corrections and complications late
Appointing RG Law as Professional Executors
Acting as an executor can involve considerable responsibility, particularly where an estate includes Inheritance Tax, property, investments or multiple beneficiaries.
Appointing RG Law as a professional executor means your family does not have to manage the legal, tax and administrative burden themselves.
We can take responsibility for:
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Managing the probate and estate administration
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Dealing with HMRC and any Inheritance Tax requirements
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Managing estate assets, debts and beneficiaries
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Working with our conveyancing team where property needs to be sold or transferred
Having a professional executor can also provide valuable independence where there are several beneficiaries or differing interests. By appointing RG Law, you can give your family the reassurance that experienced professionals will manage the estate from beginning to end, reducing the responsibility and stress placed on them at an already difficult time.
Probate Property: Probate and Conveyancing Under One Roof
Property is often one of the largest assets in an estate and may need to be sold or transferred before the estate can be finalised. If you need support from an estate agent or financial adviser, we can help.
With RG Law, you do not need to instruct separate firms. Our Private Client and conveyancing teams can work together to handle the probate and the sale or transfer of the property, providing a joined-up service from beginning to end.
Probate property with RG Law
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One firm for both probate and conveyancing
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Experienced conveyancing specialists to handle the sale or transfer
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25% discount on our conveyancing legal fee when RG Law handles both the probate and the property sale
One firm, two specialist teams, making the process simpler for you and your family.
Probate FAQs
How long does it take to get a Grant of Probate?
Once a complete application has been submitted, HMCTS says probate is usually issued within 12 weeks, although it can take longer if further information is required.
How long does the whole probate process take?
There is no set timeframe. Obtaining the Grant is only one stage. More complex estates can take considerably longer because assets must be identified and valued, tax dealt with, property sold, liabilities paid and estate accounts prepared before final distribution.
Do I have to pay Inheritance Tax before probate?
Where IHT is payable, you will usually need to make a payment towards it before the Grant can be obtained. The general payment deadline is the end of the sixth month after death.
What happens if there is not enough cash in the estate to pay the Inheritance Tax? Do not assume that you personally have to take out a loan. Depending upon the estate, funds may potentially be released directly from the deceased's accounts, some tax may qualify for instalments, or HMRC may agree to postpone tax through a grant on credit where its conditions are satisfied. What happens if I make a mistake on the probate application? Errors or missing information can result in further enquiries and delays. GOV.UK confirms that applications can take longer where additional information is required. Where the mistake affects Inheritance Tax, the position may need to be corrected with HMRC. Can RG Law deal with the whole estate? Yes. RG Law's own service structure covers Grant-only matters through to obtaining probate and administering an estate, including dealing with HMRC, estate accounts and beneficiaries. Can RG Law sell a probate property? Yes. RG Law has both probate and conveyancing expertise, allowing us to deal with the probate and the subsequent sale or transfer of estate property. Do I get a discount if RG Law deals with both probate and conveyancing? Yes. Where RG Law handles the probate, we offer a 25% discount on our conveyancing legal fee when we also handle the sale of the probate property. Can RG Law act as an executor? Yes. RG Law's internal probate service provides for RG Law to act as executor and administer the estate. What if there is no Will? Probate can still be required. Instead of a Grant of Probate, the appropriate person may need to obtain Letters of Administration, and the estate will generally be distributed according to the intestacy rules. Do I need a probate solicitor? Not every estate requires a solicitor or lawyer. However, professional advice can be particularly valuable where there is Inheritance Tax, property, lifetime gifts, trusts, multiple beneficiaries, uncertainty over the Will or estate, or where the executors simply do not want to take on the responsibility themselves.
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