You must apply for probate to gain the legal right to deal with someone's estate when they die.
If you are an executor under someone’s will, you may need to obtain a Grant of Probate to be able to deal with the deceased’s affairs (e.g. property, stocks, shares, money).
If no will has been left (or a will has been left without appointing executors) we will need to check whether you are entitled to apply for a grant of letters of administration.
If no inheritance tax is payable, once you provide us with the information required, we can usually submit the application to court within one week. The courts take about six weeks to process the application, but this time can vary and we have no control over this.
If inheritance tax is payable, the forms are more complicated. HMRC have to send a certificate confirming the tax due has been paid before the court will release the grant of probate or letters of administration. Once you provide us with the information required, we can usually submit the application to court with two weeks. From the time we receive full instructions and payment of any tax due to the time the grant of probate or letters of administration are issued should be about four months but we have no control over the time the courts or HMRC will take.
Most of the work will be carried out by Douglas Narayan and James Coulson who are solicitors.
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