Probate
What Is a Grant of Probate?
A Grant of Probate is a legal document that gives the executor of a will the authority to manage the deceased person’s estate.
If there is no will, a similar document called a Grant of Letters of Administration is issued instead. Both documents allow the appointed person to:
- Access bank accounts
- Sell property or assets
- Pay debts and taxes
- Distribute the estate to the rightful beneficiaries
DETAILS
Do you always need probate?
Not every estate requires probate. Whether it’s needed depends on factors such as:
- The value of the estate
- The type of assets (e.g. property or shares)
- Whether assets are held in joint names
If probate is required, an application must be made to the Probate Registry, and an application fee of £300 is payable. Additional copies of the grant cost £1.50 each.
GUIDE
Our Complete Probate & Estate Administration Service
Our comprehensive probate service is designed for people who would like our solicitors to take care of everything on their behalf.
We handle all aspects of the process, including:
- Obtaining the grant of probate
- Liaising with HM Revenue & Customs (HMRC)
- Managing inheritance tax, income tax and capital gains tax (this may require a referral to an accountant)
- Dealing with property, debts, assets, and distributions
- Preparing estate accounts
- Communicating with banks, beneficiaries and financial institutions
We provide face-to-face or telephone consultations, depending on your preference, to provide a fee estimate before any work begins,
How Much Does Probate Cost?
Our probate service is tailored to the size and complexity of the estate. Prices typically range from: £2,000-£4,000 for non-complex and non-taxable estates (excluding VAT and disbursements) to between £5,000 - £10,000 for complex or taxable estates (excluding VAT and disbursements) or between £10,000- £20,000 for complex and taxable estates (excluding VAT and disbursements). The nature of everyone’s estate varies considerably and so the above is just a range of possible costs, a full quote for fees will be provided in your initial free consultation.
The exact cost depends on:
- Whether or not there is a will
- The value and complexity of the assets
- The number of beneficiaries
- Whether there is property involved
You’ll receive a detailed quote before any work begins.
What’s included in our Probate Service?
Legal Affairs
- Verifying the will (or applying intestacy rules if there is no will)
- Preparing and submitting the probate application
- Identifying executors, administrators, and beneficiaries
- Publishing statutory notices (disbursement fees may apply)
- Managing claims against the estate or preparing Deeds of Variation (additional fees may apply)
Tax Matters
- Completing Inheritance Tax (IHT) forms: IHT205 or IHT400
- Advising on estates liability for Income Tax and Capital Gains Tax (an accountant may need to be instructed to assist with this)
- Claiming relevant exemptions or reliefs in respect of inheritance tax
- Liaising with HMRC and resolving queries
- Transferring unused nil rate band allowances where applicable
Estate Administration
- Identifying, valuing, and collecting estate assets
- Paying debts and distributing funds
- Preparing full estate accounts
- Managing jointly owned assets and trust distributions
- Ongoing communication with all relevant parties
Additional Services & Disbursements
Depending on the estate, additional services and third-party costs (disbursements) may apply, including but not limited to:
- Land Registry fees for transferring property
- Estate agent or conveyancer fees if selling property
- Will and asset searches
- Instructing other suitably qualified professionals such as accountant or stock brokers
- Will storage, trust setup, or specialist legal advice (as needed)
We will always confirm these costs to you beforehand.
Why Choose Daniel Woodman & Co.?
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Initial free consultation to confirm how we can assist you in dealing with your matter
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Complete support from our experienced probate team
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Trusted by families across Bristol and beyond
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Personal, face-to-face service available locally
Need help with probate?
We’re here to ease the burden during a difficult time. Contact our friendly probate specialists to arrange a consultation. Call us on 0117 967 9800 or email info@danielwoodman.co.uk
GUIDE
Why do I need Probate?
Whether probate is required depends on the nature of the deceased person’s assets and how they were held.
It can be difficult to determine without professional guidance but our team at Daniel Woodman & Co. can help you find out quickly and clearly.
When is Probate needed?
Probate is generally needed when:
- The deceased owned property in their sole name;
- They held significant assets (such as large savings, shares, or investments);
- A bank or financial institution requests a Grant of Probate before releasing funds.
If the estate is small typically with only a modest amount of money in bank accounts probate may not be required. However, there is no fixed legal threshold. Each bank or organisation sets its own limit, which can range anywhere from £5,000 to £70,000. You’ll need to check directly with the banks, investment companies, and other asset holders to confirm whether they require probate, or we can do this on your behalf.
Is Probate needed to sell a property?
Yes, probate is always required if the deceased owned a property in their sole name. Without it, you cannot sell or transfer ownership of the property. If the property was jointly owned as joint tenants, it will pass automatically to the surviving owner, and probate may not be needed for that asset. If the property was owned as tenants in common, the deceased’s share does not pass automatically to the surviving co-owner. Instead, it will pass under their will (or intestacy), and probate will be required to deal with it.
What About Joint Assets?
Assets held in joint names are usually treated as passing automatically to the surviving joint owner. However, an asset which on the face of it appears to be jointly held may not actually be owned jointly between the persons named. It may be that a review of the asset and reasons behind the joint ownership will have to be considered to ascertain whether an asset was truly held ‘jointly’.
Does having a Will Trust affect Probate?
Even if a will includes a trust, probate may still be needed. The existence of a trust does not determine whether probate is required—it is the type and value of the assets that matter. However, the inclusion of a trust may make the probate process more complex and time-consuming.
Do I have to Apply for Probate myself?
You can apply for probate yourself and this is known as DIY probate. But it can be a time-consuming and legally complex process, especially if the estate includes:
- Property
- Multiple bank or investment accounts
- Tax matters (Inheritance Tax, Capital Gains, Income Tax)
- Disputes or uncertainties
If mistakes are made, the executor can be held personally liable, meaning they may have to pay for any financial errors out of their own pocket. That’s why many people choose to instruct a professional probate solicitor to manage the process on their behalf.
What Happens If I Don’t Apply for Probate?
If probate is required and no one applies:
- Assets will remain frozen bank accounts cannot be closed, property cannot be sold, and investments cannot be transferred;
- Beneficiaries cannot receive their inheritance;
- Delays may occur in future estate matters, especially if ownership of property or other key assets remains unresolved;
- The estate may become more complex and expensive to deal with over time.
Failing to apply for probate when necessary can cause long-term complications for family members and other beneficiaries.
Still unsure If Probate is needed?
It’s common to feel uncertain. For example:
- If your loved one had a small estate with no property, probate might not be needed
- But if they owned property or multiple assets in their sole name, probate is likely to be required
Our experienced probate team can help you assess your situation and determine whether probate is needed. We’ll also provide a clear quote for carrying out the probate and estate administration on your behalf.
Need help with probate?
Contact Daniel Woodman & Co., Solicitors today to speak to a experienced Solicitors and arrange a consultation. Call us on 0117 967 9800 or email info@danielwoodman.co.uk
