Our Fixed-Fee Probate Service – in detail

When somebody dies, wrapping up their estate is a complicated time consuming process. We take the responsibility of dealing with the estate.

For free initial advice about probate in England & Wales please call us on 01623 325035 or email us at contact@phoenixwillsandprobate.co.uk

Below is a non-exhaustive list of the activities which will be included in your quote:

Initial Stages

  • If you have not already done so, we will advise you on registering the death and obtaining original death certificates.

  • Protection of estate assets: we will advise you on how best to ensure that the assets owned by the deceased are secured. If you are unable to carry this out we will do this for you. This may extend to placing valuables in secure storage, securing any property owned by the deceased and dealing with utility companies. Where necessary we will arrange for relevant insurance policies for valuables and property.

  • Locating the last Will of the deceased, or establish that the estate will be dealt with through intestacy provisions.

  • If not already carried out, we will advise you about how to arrange for the funeral, according to any wishes identified by the Will.

Dealing with the estate – legal issues

  • We will identify for your needs the most appropriate law firm to administer the estate. They will prepare the necessary documentation for the grant of probate or letters of administration application.

  • Apply to the Probate Registry with the appropriate oath and obtain the grant of probate.

  • Place statutory notices to establish any creditor or personal claims on the estate.

  • Advise on whether any deed of variation is required on the estate (to change the distribution of the estate specified in the Will, for example, to obtain favourable tax benefits).

Dealing with the estate – tax issues

  • Complete the tax forms required by HMRC and any income tax or capital gains tax forms as necessary.

  • Work the HMRC to resolve any corrective actions required as new information comes to light during the administration process.

  • Claim all relevant tax reliefs and exemptions. Examples such as but not limited to personal nil rate bands, residential nil rate bands, spousal exemptions, business or agricultural property reliefs, etc.

  • Pay all taxes, and claim any rebates as agreed with HMRC.

Dealing with the estate – property issues

  • Where there is property in the estate – a house, share of a house or interest in a house – we will deal with the relevant insurance policy providers. We will cancel existing policies and where necessary arrange for new policies.

  • We can transfer the ownership of a property from the deceased to beneficiaries as directed by the Will.

  • Where a property is unregistered title we will work with HM Land registry to register the title (this may be an additional fee, but we will advise you at the time of the quote).

  • Where a property is to be sold, we can appoint an estate agent for the marketing and sale of the property. A solicitor partner or specialist conveyancer will arrange for the conveyancing aspects of the transfer.

Administering the estate

  • We will work with the personal representatives of the estate to identify all assets and liabilities of the estate. We will then obtain date of death values from all asset holders and creditors and finalise a schedule of assets and liabilities.

  • Once we have obtained the grant of probate we will call in all assets of the estate and at appropriate stages pay outstanding debts and taxes.

  • Where possible we will make interim payments to beneficiaries, subject to ensuring there are no outstanding claims on the estate.

  • We will prepare estate accounts and ensure all beneficiaries are provided with copies for approval. Once approved we will distribute the estate to beneficiaries, or trusts in accordance with the last Will, or where there is no Will, in accordance with intestacy provisions.