Wills & Probate Solicitors in Birmingham & Manchester
If your estate is more than £15,000.00, a Grant of Probate or Letter of Administration from the Probate Court is normally needed in order in order to retrieve the assets due to the Estate. Grants give authority to the personal representatives (i.e. Executor Administrators) to administer the Estate of the deceased. For more information, speak to an expert probate solicitor today.
There are three types of grants:
- Grants of Probate – This is required if you are named of an Executor in the deceased’s Will.
- Grant of Letters of Administration – This is required if a person dies without making a Will. This process is a little more complicated as the Administration of the Estate Act 1925 sets out who can act as the Administrator.
- Grant of Letters of Administration with Will – This is required when the deceased made a Will but there is no Executor named or available.
The Court Process
There is an obligation on the personal representatives of the Estate to make the fullest enquiries to find the extent of the assets and liabilities in the Estate. This can be a lengthy of process as many organisations may be involved, for example: banks, Building Societies, Insurance Societies, Stockbrokers, Estate Agents and HM Revenue and Customs.
It is also a requirement to complete HM preliminary customs accounts setting out all the assets and liabilities of the Estate.
In cases where this is a known tax liability a summary document completed by the Revenue can require the personal representatives to provide full details within 35 days of submission of the account.
The Personal Representative must swear an Oath to the Probate Court stating the value of the gross and net estate of the deceased and swear that they will administer the Estate according to the Law or under the terms of the Will.
The Oath and the HM Revenue and Customs account must be lodged at the Probate Court. Once they accept the papers they will issue a Grant. We normally expect the Grant to be issued within 3 to 4 weeks of the Probate Court receiving the documentation.
Book your free initial consultation to discuss Grants with a probate solicitor in Birmingham or a probate solicitor in Manchester today.