Probate in Newcastle

In order to deal with the assets of the deceased’s Estate, a Grant of Probate must be obtained. This effectively gives the Executors the authority to deal with the Estate in accordance with the wishes of the deceased.

 
All Executors must apply for Probate jointly

 
Where the deceased left a Will, it is likely that he or she will have named at least one Executor. It is common practice to appoint two but one is sufficient. All named Executors must apply for Probate jointly. If any of the Executors do not wish to act, eg, due to ill health, or they are based abroad, they must sign a Deed of Renunciation and submit it to the Probate Registry Office when the application for Probate is submitted. The remaining Executor may continue to act. If there are no other Executors, the Court must appoint one.

Where the deceased did not leave a Will or the Will is found to be in valid, Administrators must be appointed to deal with the Estate (they are the equivalent of Executors). Administrators must be appointed in accordance with the list of people entitled to act as Administrators under the rules of Intestacy.

Finding a Solicitor in Newcastle to assist with applying for Probate

 
Applying for Probate involves a number of different steps and it can be done by submitting a personal application or with the help of a solicitor or lawyer.  Click here to find a solicitor in Newcastle who will be able to advise and assist you with applying for probate. The Law Society also provide a list of solicitors who practice Wills and Probate (or Private Client work, as it is commonly referred to) which you can view by clicking here.

The Main Steps when applying for Probate in Newcastle

• You must obtain the death certificate from the Registrar after reporting the death
• You should notify all utility companies, banks, credit card companies, mortgage lender, etc., of the death
• You will need to find a solicitor (assuming you are not submitting a personal application)
• 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 any assets owned or debts owed by the deceased at the time of death.
• 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 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).

It is important to note that banks, shareholding companies etc. should be notified of the death as soon as possible. Accounts and shareholdings can then be frozen and you will not then have to deal with refunding any overpayments made in relation to accrued interest or dividends, etc..

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 will then be in a position to finalise the Estate.

 
Paying Tax on the Estate

 
Before the Probate application is submitted, the Inheritance Tax (IHT) liability needs to be calculated. IHT is payable at 40% on anything over the IHT threshold of £325,000 (this is the present level but it changes every year), unless the Estate is exempt from IHT, eg, the entire Estate passes to the spouse. Any IHT due must be paid within 6 months of the date of death and if payment is late then interest will be payable to H M Revenue & Customs.

Probate will not be granted until the IHT liability has been settled. Note that where the deceased owed land or property they can opt to pay IHT in annual instalments. However, once the property or land is sold the whole IHT bill becomes payable. 

If there are found to be any changes to the value of assets stated in the IHT form (this can happen where an estimated figure has been inserted in the tax return) then H M Revenue & Customs must be notified immediately so the IHT liability can be recalculated.

 
Personal Application

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

 
Solicitor's Fees for Probate in Newcastle

 
Fees for Probate will depend on the Solicitor in Newcastle you have instructed. It is the policy of some firms to charge a percentage of the value of the Estate while others charge an hourly rate. If you are being charged on an hourly basis it is difficult to know exactly what the final bill will be. In some cases it is perhaps better to negotiate a fixed fee so you know where you stand in relation to costs. If the Estate is rather more complicated than the solicitor originally anticipated, eg, there are more assets than previously disclosed or beneficiaries cannot be located, it is likely that the solicitor will increase their fees. This is normal practice. It is very important to check your client care letter early on to ensure you fully understand the costs and fees position.