Frequently Asked Questions

Frequently Asked Questions About Probate and Repatriation of Assets for US Attorneys

We understand that you need to be clear with your client from the outset about what part of the process is being handled and how much it’ll cost. We’ve put together a comprehensive list of frequently asked questions to help you understand what’s involved in the process so that you and your client are clued up from the start.

If you or your client has a question that isn’t answered here, please don’t hesitate to get in touch. Our experienced UK probate solicitors will be more than happy to help.

How long does the process take in the UK?

Once we have received the information about the estate, we’ll put together the application in around 10-15 working days.

What are the steps involved?

We prepare the application and inheritance tax return, which is lodged with the Probate Registry and HM Revenue and Customs.

It then takes between four and eight weeks for a Grant of Representation to be granted. Once we have received the Grant, we’ll get to work on releasing the assets. If there’s tax to pay, it’ll take a bit longer.

Do you have to qualify an administrator in the UK to handle it or can the solicitor handle it?

No. We’ll handle everything for you as your solicitor agent.

What do I tell my client about your involvement?

We’ll deal with you throughout the process and won’t contact your client directly. Your client will need to sign one form authorising us to manage everything though, so you may want to tell them to expect this in due course.

There’s a house in the UK, how can you help me with this?

We can manage the entire process, from house clearance to sale. Typically this will include:
–      Appointing and dealing with the estate agents
–      Managing the utility bills and house insurance
–      Appointing and manging the conveyancing process
–      Receiving and accounting for the net proceeds of sale

Will I have to travel to the UK for any hearings?

No. Neither you nor your client will need to travel to the UK to deal with the process.

What are the tax implications on the UK side?

Where the person who has died had their permeant home outside of the UK, their estate will only pay inheritance tax if the value of their UK estate exceeds £325,000. This threshold is called the ‘nil rate band’. There may also be additional exemptions and reliefs that can be claimed to reduce the overall tax that is due.

If inheritance tax is payable, we’ll calculate the amount and arrange payment to HMRC from the UK estate as part of our service. We’ll also make sure that all available exemptions and reliefs are claimed, so that your client doesn’t pay more tax than they have to.

Are non-residents able to qualify to represent the estate?

Yes, but we don’t recommend this. We have found that the Probate Registry in the UK prefer to appoint a UK based Administrator to deal with UK assets. It will be easier and quicker for you and your client to authorise us to be appointed to manage the whole process.

How do you get paid?

We get paid from the assets that we liquidate from UK estate, so you don’t have to pay us anything up front and nor does your client. We also work on a fixed fee basis so you’ll know what the cost is from the start.

There will be no UK VAT to pay on our fees, as this work is outside scope of UK VAT.

What information do you need to make a start?

When you’re ready to instruct us, we’ll need the following to be sent to us by email:

1. Death certificate for the decedent.
2. Court certified document confirming the person entitled to deal with the estate (this will be one of Letters of Administration, Letters Testamentary, Domiciliary Letters or Letters of Authority).
3. Court certified copy Will for the person who has died, if applicable. If the person did not leave a Will, please confirm.
4. A list of assets in the UK estate, this includes: Property, bank accounts, shares, pensions (including any lump sum payments) and personal property with a value over £500.
5. A list of any liabilities in the UK estate, if any.
6. Details of any UK trusts the person who has died was a beneficiary of.
7. Total value of the US estate (no breakdown required).
8. The full names and addresses of the US administrator(s).
9. Date and place of marriage of the person who has died (if applicable) along with the name of their spouse and whether or not they are still alive. If they have died, please confirm whether they left a Will and/or if Letters of Administration or Letters Testamentary was obtained. Please send a copy of the Will and/or Letters of Administration or Letters Testamentary, if applicable.
10. Details of any gifts with a value over £3,000 that the person who has died made in the 7 years before their death from their UK estate.
11. Outstanding UK payments (if we’re dealing with these) including mortgages, care home fees, loans, utility bills etc.

Get the legal advice you need

Dealing with legal issues can be confusing and stressful. We understand this, and we’re always on hand to untangle jargon and offer support.

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