Death is one of, if not the most difficult fact of life we will ever have to face. Yet sadly, there is much more to do when someone close to us dies that simply mourn our loss. There are a number of legal processes that have to be completed following a death, the most notable being probate.

Probate is the process involved in granting a person or people permission to distribute the assets within a will to the correct beneficiaries.

The majority of deaths with entail the need of an application for a ‘grant of probate’. However, disregarding a number of sneaky loopholes that can allow us to escape probate, there are two circumstances that will exempt a person’s estate from this lengthy process.

• If the total value of the deceased’s assets sit below a particular threshold (usually £5,000).
• If all the assets were jointly owned, and there is legal proof of this.

If you do find yourself in a position where you need to obtain probate, please remember that the process of application does not have to begin immediately following the death.

You can take the time to begin mourning and get yourself together before the legalities begin. However, do note that in complicated cases, the application for probate can take months or even years (in rare circumstances). Because of this it is a good idea to begin the process as soon as possible.

Once you do begin the application for probate, it is highly advisable to employ the help of a probate firm or solicitor. While you could complete the process alone, to do so would usually be ill advised. If you’re worried about the probate cost, bear in mind that there are a lot of complicated forms to complete and mistakes on said forms can be dear, and increase the time of application substantially.

So how much will probate cost?

The probate cost tends to vary considerably depending on the time and effort involved in each individual case.

Many firms and solicitors will base their probate fees upon an hourly rate and an additional percentage of the estates value. This means that the cost increases significantly in accordance with the value of the estate, and the time it takes to complete the application.

While this is a standard template of charges, the system is not without flaws. First of all, a case that turns out to be much more complicated than originally thought could see the probate fees spiralling out of control. What’s more, a probate lawyer can very easily draw out the work so that they are paid for more of their time than is necessary.

An alternative is to hire a firm who will offer a fixed fee for their services. While the initial quote may seem larger than that stated by a solicitor charging by the hour, the peace of mind of knowing from the offset what you’ll pay may well be worth the initial discrepancies.

Either way, it is still advisable to seek legal help in the event of a death. This assistance can ensure that not only is the probate application completed as quickly and efficiently as possible, but that all other pay-outs are correct.

When a person dies many financial issues need to be settled such as bills, mortgages and credit cards. Professional, legal help can ensure that all payments made are correct and therefore as many assets as possible are retained within the rightful ownership of the deceased’s loved ones and family.

This post was written by James Harper on behalf of the Wills and Probate Service. James writes on matters relating to law and the family.