Losing a loved one is one of the hardest experiences any of us will go through. When you're also responsible for dealing with their estate, it is understandable to feel confused and overwhelmed. Our probate solicitors have extensive experience supporting families in Bournemouth and across England and Wales.
Whether you need support with a probate application, managing the entire estate administration process from start to finish, or one specific aspect of your role as an executor or administrator, our experts provide the exact level of support you need. As part of our broader Wills, probate, trusts and tax service, we offer a personal, sympathetic approach combined with practical legal expertise.
Our team includes fully qualified members of STEP (the Society of Trust and Estate Practitioners) and The Association of Lifetime Lawyers, highlighting our commitment to providing the highest standard of legal support, including to older clients and vulnerable adults.
For expert help with probate and estate administration, please contact our Bournemouth office or fill in our online enquiry form for a quick response.
What is probate and estate administration?
When someone dies, their estate (the term used to describe all their money, property and possessions) needs to be collected, debts and taxes settled, and then distributed to the beneficiaries. This process is known as estate administration.
Probate is the legal authorisation required to carry out this process. In most cases, the person responsible for administering the estate (the executor, if there is a Will, or an administrator if there isn’t) must apply to the Probate Registry for an official document. This is called a Grant of Probate where a Will exists, or Letters of Administration where it doesn’t.
Once the Grant of Representation is issued, it gives the executor or administrator the legal authority to collect assets, settle liabilities and distribute the estate in accordance with the Will or, where there is no Will, the Rules of Intestacy.
Our probate and estate administration services
Applying for a Grant of Probate
If the deceased left a valid Will, the executor named in the Will has the authority to administer the estate. To do so, they'll usually need to apply to the Probate Registry for a Grant of Probate.
Our probate solicitors in Bournemouth can manage the entire application for a Grant of Probate on your behalf, including valuing the estate, completing the necessary tax forms, and submitting the application to the Probate Registry. We can also advise you on your duties as an executor and help you avoid the personal liability that can arise from errors made in estate administration.
Letters of Administration and intestacy
When someone dies without leaving a Will, they die ‘intestate’. In this situation, the Rules of Intestacy determine who is entitled to inherit and who may apply to administer the estate. Without a Will in place, there are no appointed executors, so close relatives therefore need to apply to become an administrator and obtain Letters of Administration.
We can advise you on your entitlement to apply for Letters of Administration, prepare and submit the application on your behalf, and guide you through administering an estate where no Will exists.
Inheritance Tax and estate planning
Inheritance Tax (IHT) is payable on estates worth more than the nil-rate band, which is currently £325,000. Estates valued above this threshold are subject to Inheritance Tax at 40% on the amount over the threshold. An additional residence nil-rate band of up to £175,000 may also be available if you leave your home to direct descendants. Spouses can inherit each other’s allowances in certain circumstances.
Our probate solicitors in Dorset will advise you on the IHT position of the estate, liaise with HMRC on your behalf and file the required tax return. We can also advise on estate planning strategies that may reduce the IHT liability of your own estate in the future, including the use of trusts, lifetime gifting and structuring your Will tax-efficiently.
When do you need probate?
Not every estate requires a Grant of Probate. Whether probate is needed depends primarily on the types of assets in the estate and how they are held. As a general guide:
- Probate is usually required where the deceased owned property in their sole name
- Most banks and financial institutions will require a Grant of Probate before releasing funds above a certain threshold (this varies by institution, but is often around £10,000 to £50,000)
- Probate is generally required where the estate includes investments, shares or business interests held solely by the deceased.
Probate is typically not required where assets were held jointly (as they pass automatically to the surviving owner), where the estate is very small, or where assets were held in trust. We can review the estate and advise you clearly on whether probate is needed.
The probate process explained
Every estate is different, but the probate and estate administration process generally follows some common steps:
- Register the death and obtain a death certificate
- Locate the Will (if there is one)
- Value the estate
- Calculate and pay any Inheritance Tax due
- Apply for the Grant of Probate or Letters of Administration
- Collect assets and settle liabilities
- Distribute the estate
We can manage every stage of this process on your behalf, or assist with specific steps where you need support.
Why choose Preston Redman?
We've been helping families in Bournemouth, Poole and across Dorset with probate and estate administration for many years. Here's what you can expect when you work with us:
- Industry accreditations and memberships: Our team includes members of STEP, the globally recognised professional body for estate planning and private client law, and The Association of Lifetime Lawyers, a community of legal professionals committed to supporting older and vulnerable clients.
- A personal, sympathetic service: We understand this is a difficult time. We'll treat you with care, explain everything clearly and make the process as straightforward as possible.
- Prompt and clear communication: You'll receive timely responses and straightforward updates throughout your matter, so you're never left wondering where things stand.
- Transparent pricing: We give clear fee information from the outset, and we'll always discuss any additional costs with you before proceeding.
- Lexcel accreditation: Preston Redman has been awarded the Law Society’s Lexcel accreditation, demonstrating our commitment to client care, compliance and practice management.
Our probate fees
We give clear fee information from the outset, so you know exactly what to expect before we begin. Our charges are based on the complexity of the estate and the level of work we envisage will be involved.
If additional work becomes necessary as the matter progresses, we'll discuss this with you and agree on a revised budget before incurring further costs. We'll never surprise you with unexpected charges.
Frequently asked questions
How long does probate take?
Straightforward estates can often be administered within six to 12 months. More complex estates (those involving property sales, multiple beneficiaries, disputes or outstanding tax matters) can take longer. We'll give you a realistic timeframe at the start of your matter and keep you informed throughout.
How much does probate cost?
Probate costs depend on the complexity of the estate and the level of work we envisage will be involved.
There are two main elements: the Probate Registry application fee (currently £300 for estates over £5,000, with no fee for smaller estates) and legal fees.
Do I need a solicitor for probate?
You're not legally required to use a solicitor for probate, but professional assistance can save you significant time and reduce the risk of costly errors. Executors have personal liability for mistakes made during estate administration, and HMRC disputes or beneficiary challenges can have serious financial consequences.
Having a specialist probate solicitor handle the process gives you peace of mind and ensures the estate is administered correctly.
What happens if there is no Will?
If the deceased died without a Will, the estate is distributed according to the Rules of Intestacy. These rules follow a fixed order of priority and will depend on the value of the estate. Spouses and children may not inherit in the way that you would necessarily expect, so it’s essential to take proper advice before taking any action. Unmarried partners and stepchildren do not automatically inherit.
An administrator (rather than an executor) must be appointed, and Letters of Administration must be obtained from the Probate Registry.
Who can apply for probate?
If there is a Will, the executor(s) named in it can apply for a Grant of Probate. If there is no Will (or no executor willing and able to act), the deceased's next of kin may apply for Letters of Administration. The order of priority follows the Rules of Intestacy, with a spouse or civil partner having the highest priority.
What is the difference between probate and estate administration?
Probate refers specifically to the legal process of obtaining the Grant of Representation (either a Grant of Probate or Letters of Administration), which provides authority to deal with the estate.
Estate administration is the broader process of managing and distributing the deceased's assets, settling debts and dealing with tax matters. Probate is usually a necessary step within the wider estate administration process.
When is Inheritance Tax due?
Inheritance Tax must generally be paid within six months of the date of death. Interest accrues on any amount outstanding after that point. Importantly, most financial institutions won't release funds until a Grant of Probate is in place, which can create a timing challenge.
We can advise you on how to manage an estate’s cash flow and whether HMRC's instalment option (which allows IHT on certain assets, such as property, to be paid over 10 years) might be appropriate.
Can probate be contested?
Yes. Probate can be contested on several grounds, including where someone believes the Will is invalid (due to lack of mental capacity, undue influence or improper execution), where a beneficiary or dependent feels inadequately provided for under the Inheritance (Provision for Family and Dependants) Act 1975, or where there are disputes over the interpretation of the Will.
Get in touch with our probate and estate administration solicitors in Bournemouth today
For expert help with probate and estate administration, please contact our Bournemouth office or fill in our online enquiry form for a quick response.
