Handling the estate of a deceased person in Brighton?

You will need to apply for Probate if you have been appointed to act as an Executor in the Will of someone who has died. The Grant of Probate gives the Executors permission to deal with the deceased’s Estate. Probate is generally required in Estates worth more than £5,000.

All Executors must apply for Probate

All Executors named in the Will must apply for Probate. If one of the Executors does not wish to act as an Executor, eg, they are unwell or they simply do not wish to, they can renounce their right to act by signing a Deed of Renunciation. If there are no other Executors named in the Will then the Court will have to appoint an Executor. It is common practice to appoint two Executors in a Will.

If the deceased died without leaving a Will then they are said to have died 'Intestate', in which case Administrators are appointed to deal with the Estate. The 'Probate process' is almost identical but instead of applying for a Grant of Probate they will apply for 'Letters of Administration.'.

 
Finding a Solicitor in Brighton to help you apply for Probate

In order to obtain Probate, there are a number of rigid steps that need to be followed. You can instruct a solicitor in Brighton to help you apply for Probate or you can apply personally at the Brighton Registry Office.

 
Main Steps when applying for Probate in Brighton

The main steps are as follows:

• Obtain the death certificate
• Notify utility companies, banks, etc., of the death so that accounts can be closed
• Find a Solicitor (or, this can be done immediately, if preferred)
• Collate documents to take to the initial appointment with your solicitor
• Collate all other documents relevant to the Estate which your solicitor will have requested during the first meeting, i.e. those relating to assets owned by the deceased before they passed away or any debts the owed.
• Inform the solicitor of the companies that have not been notified of the death so they can be written to
• Go through H M Revenue and Customs tax return with the solicitor and the relevant Oath.
• All Executors to sign the above tax return, Oath and any forms for the release of funds/closing of accounts that may be required

Your solicitor will then submit the application for the Grant of Probate at the Brighton Probate Registry Office along with a fee. The fees are approximately £40 for the Grant of Probate plus £1 per extra copy.
Once Probate has been obtained, your solicitor will start to deal with the assets, and finalise the Estate.

 
Paying Inheritance Tax on the Estate

It is important to be aware that any Inheritance Tax due on the Estate must be paid within 6 months of the date of death. If payment is made late, interest will be charged. If a full tax return is being submitted (form IHT 400) then HM Revenue & Customs will write and confirm the amount of tax due on the Estate. Probate will not be granted until the IHT due on the Estate is paid. Tax can be paid in annual instalments where property or land is involved but as soon as it is sold, the entire balance must be settled. If there are any changes to the figures given in the IHT forms then H M Revenue & Customs must be informed immediately so any IHT due can be recalculated.

 
Personal Application

You can apply for Probate personally in which case it must be done directly at the Brighton Probate Registry Office. You will need to make an appointment with them in order to do this. You will be interviewed and asked to produce all relevant documents.

Solicitor's Fees for Probate in Brighton

Fees for Probate work will depend on the solicitor in Brighton you have instructed. Some firms charge a fixed fee – usually a percentage of the value of the Estate, while others will charge on an hourly basis. If you are charged on an hourly basis, there is less certainty as to what the final costs will be so it is sometimes better to negotiate a fixed fee, if possible, especially where the Estate is substantial. 

The costs position will be confirmed by the solicitor in the initial client care letter. If the matter becomes more complicated or additional work is involved then the solicitor will usually charge more. You should be given prior notice in writing if the costs position is to be revised.