What is Probate?

Coronavirus Update: Scott Rees & Co are still offering appointments and consultations during this difficult time. It is still possible to sign a will with independent witnesses while observing social distancing. Please contact us for information.

The granting of probate is the legal process in which an estate is administered and the assets distributed. If a will was made by the deceased then a Grant of Probate will be required; if there was no will then it will be a Grant of Letters of Administration.

Without such a Grant you will not be entitled to deal with the estate or its assets in any way.

The estate must first be valued as accurately as possible which may result in an Inheritance Tax liability; something we can advise upon.

Once the Grant has been issued we will then gather the assets of the Estate and deal with any claims made against the estate. All potential creditors will be adequately notified and debts paid. The final accounts of the estate will then be drafted and once approved, the final net assets of the estate can be distributed to the beneficiaries.

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How can we help?

Coronavirus Update: Scott Rees & Co are still offering appointments and consultations during this difficult time. It is still possible to sign a will with independent witnesses while observing social distancing. Please contact us for information.

Coping with the loss of a loved one can be difficult enough without having to navigate probate on your own.

At Scott Rees & Co we can relieve some of that pressure by taking care of the process and dealing with the assets of the estate. We have the expertise to ensure that the process is as smooth as possible to ensure that your objectives are met with minimal stress.

Scott Rees & Co are authorised and regulated by the Solicitors Regulations Authority, and we are fully insured, so you know that you’re in safe hands.

Frequently asked questions

No, you may deal with the process on your own particularly where there is only cash in the estate and it is of low value. In some limited circumstances there may not be any need for probate at all. However probate can be a difficult and complex process at what is already a very difficult time. We can either handle the entire process for you, or merely act in a supervisory capacity should you wish to undertake this yourself. Please contact us if you are unsure; we are here to help.

If you cannot find the will at the relevant property and loved ones are unable to help, we would suggest that you speak to the deceased’s bank to see if it is there. It may also be possible for you to pay for an online search to determine if any law firms hold the will, or speak to local firms which you believe may have been instructed during your loved one’s lifetime.

In order for a Grant of Probate to be issued by the Probate Registry the executor(s) of the estate must swear an oath confirming that the information they have provided is accurate. If you choose to deal with process yourself you will either have to arrange an appointment at the registry or at a local firm of solicitors in order to swear that oath. The Grant of Probate will then be provided by the registry once the oath has been submitted; this may be on the same day if you have sworn the oath at Court.

Inheritance Tax is payable for estates worth over £325,000. Once all the debts of the estate have been paid, any remaining sum over £325,000 is subject to a 40% tax. However there are certain exemptions and reliefs from Inheritance Tax which we would be happy to discuss with you. Please bear in mind that this tax rate is subject to change and the figures are accurate at the time of writing.

This depends on the complexity of the estate and whether inheritance tax falls due, however we pride ourselves on the level of service we provide and assure you the matter would be dealt with as efficiently as possible. We would be happy to provide you with a clear estimate of the expected time-frame once details of the estate are known.

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Start your wills or probate enquiry here

Probate experts

We have a will writing and probate department where our specialist solicitors can dedicate their time and effort into delivering a first class service to you.

We are accredited by the Law Society and fully regulated with audits on a yearly basis to ensure that our high standards are kept.

Although Scott Rees & Co are based in Newton-le-Willows, you do not need to be local to us to use our services as we are a national solicitor firm. We can provide this service to you just by sending letters, emails and phone calls only. On the off chance we need to meet face to face, we are fully prepared to travel to you (provided you live in England or Wales).

What are our costs?

The cost for our Probate service firmly represents the quality of service we provide. Our Probate team is led by Sarah Smyth, who has over 20 years of legal experience.

Here is the Price Transparency page for our Probate service. On this page you can find more information about our Probate team, the key stages for Probate and how much we charge for the legal work we do. We have also given an approximate duration for how long the process can take.

As with most enquiries you will get a more accurate quote tailored to your needs when you contact us.

Making an enquiry

Want to make an initial enquiry? You can do so by calling us on our freephone number, or by simply leaving an enquiry using our form above.

You can start your will or probate enquiry with Scott Rees by calling FREE on 01695 712 318, or by completing our Wills & Probate enquiry form above if you prefer a callback at a time more suitable to you.

Lastly, if you know anyone who requires a will writing service, why not let them know about us? We have a very high rate of satisfaction among clients who have used our will writing service in the past!

Video Testimonials

Alex Tomlinson

Alex suffered a mild concussion after a car crashed into the front side of his car. After a frightening experience, we did our best to provide Alex with a stress-free claim and guidance from start to finish.


Sandu worked as a welder but was not provided a mask by his employers. This resulted in Sandu being poisoned by carbon monoxide. After finding us online, we helped Sandu file a successful claim against his ex-employers.

Philip Holden

Philip's home and work life was affected after procedures to his foot surgery were neglected. Philip filed a medical negligence claim against the hospital and we were able to help him win his compensation claim.

Awards, Accreditations & Associations

Scott Rees & Co has an outstanding record for providing excellent client care and customer experiences. Here are some awards and accreditations to show that we meet the high standards of the industry.

You can read more about our awards and accreditations here.

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