Traditionally a subject excluded from everyday conversation, most of us are uncomfortable with death and dying. Furthermore, the loss of a loved one is generally a distressing, confusing and painful experience. 

Probate is the term used for the legal right to deal with a person's estate when they die. Although we cannot negate your emotional suffering, Price Mann Probate Services are perfectly placed to complete the process of probate on your behalf. Protecting your loved one’s legacy and helping to relieve your additional pressure, we comprise an expert team of chartered accountants, tax advisors and probate professionals.

At such an overwhelmingly sad time, matters are often exasperated by convoluted legal processes and associated paperwork. Particularly, when we consider that registering the death of a loved one and arranging the funeral are only the very beginnings of the practicalities involved. 

Regardless of whether your loved one left a will or not, in England and Wales, probate is a part of the legal process surrounding a death. It involves organising and distributing your loved one’s estate—their property, assets and possessions. 

This process includes applying for probate to become a personal representative, which gives you the right to deal with their estate. 

Alongside ensuring that your loved one’s estate is distributed according to their wishes, the legal process of probate also ensures: 

• All relevant taxes are calculated and paid

• Outstanding payment of monies owing to creditors

• Any payments owing by debtors are collected

Coping with your loss, dealing with the practicalities and unlocking all of the assets in your loved one’s estate, can simply become overwhelming. 

Established for 40 years, our solid reputation for trust precedes us. Providing a personalised, cost-effective and confidential service, we eliminate jargon and make your life that little bit easier. 

Probate can be a time-consuming, confusing and sometimes harrowing process, but Price Mann Probate Services make it easy. We act on your behalf and oversee every stage of the process.

Not to be confused with a will, probate is a part of the legal process surrounding a death. It involves formally organising and distributing your loved one’s estate—their property, assets and possessions. 

Probate can be a time-consuming, confusing and sometimes harrowing process, but Price Mann Probate Services make it easy. We act on your behalf and oversee every stage of the process.

Moreover, probate can often be delayed due to formal valuations of property, investments, jewellery or works of art. Rest assured that Price Mann Probate Services also organise independent, professional valuations that do not impede the speed of the probate process.

Although each probate case is different, to help you to understand the obligations involved, we have outlined four key probate stages below: 

1. Obtaining a Grant of Probate

This stage is often a stressful and confusing period as it immediately follows your loved one’s death. Obtaining a Grant of Probate includes establishing if your loved one left a will and ascertaining the executors or the roles of administering the estate. Although at this stage the overall picture of the estate may not yet be clear, relevant information needs to be gathered in order to prepare the inheritance tax account and executor’s oath. It is during this stage that important decisions will have to be made. Price Mann Probate Services prove invaluable when it comes to guidance and advice on obtaining a Grant of Probate. 

2. After Probate is Granted

This is an active stage where the Grant of Probate is registered with asset holders, debts are paid and assets may be collected or sold. It may also involve handling queries from HMRC regarding the value of the estate. If the estate assets are sufficient, the executors will authorise payment of legacies and if possible, a payment on account—interim distribution—is made to each of the beneficiaries. During this stage, one or more of the beneficiaries may consider altering the will, or effecting intestacy rules, by means of a Deed of Variation. After probate is granted, Price Mann Probate Services work in your best interests, reassuringly overseeing every detail on your behalf.  

3. Review

This may be the most protracted stage of administration. Typically, there may be lengthy negotiations with HMRC concerning the valuation of assets in the estate or the calculation of inheritance tax. If the beneficiaries have decided to enter into a Deed of Variation, it will be prepared during this stage. Price Mann Probate Services will handle the entire review stage for you, protecting your loved one’s legacy in the most tax-efficient way and completing all necessary paperwork. 

4. Accounting and Final Distribution

At this stage, the value of all assets and debts have been settled with HMRC. Inheritance tax has been paid and an application for a Clearance Certificate has been made.  Accounts can then be drawn up to show the money received and paid by the executors—and the funds due to beneficiaries. Price Mann Probate Services will then issue final payments on your behalf and finalise all matters to complete the administration.

• On average, for simple cases we will try and conclude the estate administration within 6 – 12 months of being instructed:
• We allow 3-4 months for obtaining the Grant of Representation from the point we are instructed.
• Collecting assets then follows, which can take a further 3–4 months.
• Once this has been done, distribution of the assets normally takes a further 3-4 months.

The above time estimates are for guidance only and vary depending upon the work involved. Large and /or more complex estates will take longer to conclude as there will likely be inheritance tax issues which will require us to liaise with HM Revenue & Customs (HMRC). HMRC can take up to 6 months to finalise their own position on an estate, and this increases the time it will take for us to conclude the estate administration.

Where there are one or more properties in an estate that need to be sold, there might be a delay if a buyer is not found quickly.

In England and Wales, probate is a legal process following a death. It involves organising and distributing the deceased’s estate—their property, assets and possessions. 

However, probate is not required in all instances. Estates classed as small estates with a value of up to £5,000, can potentially transfer to beneficiaries without probate. 

To challenge or stop an application for probate is referred to as, enter a caveat. The circumstances where this may occur include:

• Disputes surrounding who can apply for probate

• Questions surrounding the validity of the will

Referred to as intestacy or dying intestate, dying without a valid will can have serious implications for your estate and your loved ones. In this instance, the law will dictate how your estate will be distributed and it should not be assumed that your loved ones will automatically benefit. 

It may even mean that your loved ones receive nothing or that your estate incurs higher levels of inheritance tax. If you die without making a will and you have no immediate relatives, the main beneficiaries of your estate will be HMRC and the government.

We cannot stress the importance of making a will. Not only does it save your loved ones from further distress, but it also ensures that your estate is distributed according to your wishes.

Responsible for distributing and settling your estate, a personal representative (also referred to as an executor) is named in your will. This can be a family member, a friend, a financial institution or even a professional such as your solicitor or accountant. It is good practice to name two personal representatives in your will, in the event that one is unable to make decisions for the estate.