Getting Probate in Leeds

Obtaining Grant of Probate to deal with a person’s Estate can be a rather daunting prospect, not to mention, emotional, especially where a loved one has passed away. It is therefore both useful and important to have an understanding of the basic procedures involved so the Grant can be obtained as quickly as possible and without complication.

 
All Executors must apply for Probate

If the deceased left a Will they will have named Executors, most probably two. The named Executors must apply for Probate jointly. If any of the Executors do not wish to act, eg, due to illness, they must sign a Deed of Renunciation and submit it to the Probate Registry Office. The remaining Executor may continue to act. If there are no Executors, the Court must appoint one.

Finding a Solicitor in Leeds to assist with applying for Probate

 
The Probate process involves several different steps and can be undertaken by submitting a personal application or with the help of a solicitor or lawyer.  Click here to find a solicitor in Leeds to assist you with applying for probate. The Law Society also provide a list of solicitors who practice Wills and Probate or Private Client work which you can view by clicking here.

Main Steps when applying for Probate in Leeds

• Obtain the death certificate after reporting the death
• Notify all utility companies, banks, credit card companies, mortgage lender, etc., of the death
• Find a Solicitor (or, this can be done immediately, if preferred)
• Collate documents to take to the initial appointment with your solicitor, eg, identification documents, a list of assets and liabilities
• Collate documents your solicitor will have requested during the first meeting,e.g. those relating to assets owned or debts owed by the deceased before they passed away.
• Inform the solicitor of the companies that have not been notified of the death so they can be contacted
• Review H M Revenue and Customs tax return (and supplementary forms if applicable), with the solicitor and the relevant Oath for Executors
• Sign the above tax forms, Oath and any bank closure instructions, stock transfer forms etc. along with the other executors (note, the Oath must be signed before an independent solicitor and not the one you have instructed).

Your solicitor will then submit the application for Grant of Probate. Once Probate has been obtained, your solicitor will arrange to have the assets released or transferred and finalise the Estate.

Paying Tax on the Estate

 
Any Inheritance Tax (IHT) due on the Estate must be paid within 6 months of the date of the deceased. If it is not paid on time then interest is payable. The Grant of Probate will not be issued until the IHT bill is settled. IHT can be paid annually, in instalments, where land or property, such as a house or flat, is involved.  If the tax position needs to be revised, eg, the value of an asset was incorrectly stated in the tax return, then HM Revenue & Customs need to be informed so the tax liability can be amended.

Personal Application

 
You can apply for Probate personally in which case it must be done directly at the Leeds Probate Registry office. You will need to make an appointment with them in order to do this and they will conduct an interview.

Solicitor's Fees for Probate in Leeds

 
Fees for Probate will depend on the Solicitor in Leeds you have instructed. Some firms will charge a percentage of the value of the Estate while others charge an hourly rate. Being charged in the latter way means you will not be clear as to what the final bill will be. If the Estate is complicated then you will, most likely, be charged more since additional work will be involved, eg, where beneficiaries cannot be located or where there are assets abroad.