The Eric Whitehead Partnership

If you have recently lost a loved one, our sympathetic Probate department is able to deal with all issues relating to their Estate, regardless of whether or not a Will exists and regardless of the size and complexity of the Estate. We are able to deal with all issues relating to Inheritance Tax (IHT) and also Deeds of Variation.

Depending on the circumstances it can also be difficult dealing with the personal wishes of the deceased and, as a result, we are hand to support you in whatever capacity you may require. This may be that you simply wish The Eric Whitehead Partnership to handle the legal steps that will allow you to administer and distribute the estate of your loved one yourself (Grant Only) or you may wish for us to deal with the collection of assets or distribution of bequests (Full Estate Administration) on your behalf.

For either scenario, we will ensure that you and your family are dealt with compassionately and that you receive both the expert advice and practical support that are needed at such difficult times.

Grant Only Service (fixed fee pricing)

Following the death of a loved one, if you wish to arrange the administration and distribution of their estate yourself, we offer a ‘Grant Only’ service, where the experts at The Eric Whitehead Partnership will carry out all necessary legal steps to obtain a ‘Grant of Probate’, thereby allowing you to deal with the estate.

Within this service, our dedicated probate team will:

Identify the legally appointed executors or administrators and beneficiaries
Identify any issues relevant to the validity of the Will
Explain the Intestacy Rules and how these apply in the absence of a valid Will
Accurately identify the type of Probate application you will require; utilise the information you provide to complete the Probate Application and the relevant HMRC forms
Calculate the amount of Inheritance Tax (if any) due and liaise with you and other third parties to arrange payment; draft a legal statement or probate application form for you to sign
Make the application to the Probate Court on your behalf.
After probate has been granted we will obtain the Probate/Letters of administration and provide you with the copies for you to administer the estate.

Key stages/milestones for Probate – Grant Only Service
Our Probate Only Service key stages are outlined below and are included in the fees stated above:

• Provide you with a dedicated and experienced probate team to work on your matter;

• Identify the legally appointed executors or administrators and beneficiaries;

• Identify any issues relevant to the validity of the Will;

• Explain the Intestacy Rules and how these apply in the absence of a valid Will;

• Accurately identify the type of Probate application you will require;

• Utilise the information you provide to complete the Probate Application and the relevant HMRC forms;

• If Inheritance Tax is payable, calculate the amount due and liaise with you and other third parties to arrange payment;

• Draft a legal statement or probate application form for you to sign;

• Make the application to the Probate Court on your behalf;

• Obtain the Probate/Letters of administration.

• Provide you with the copies of the Probate/Letters of administration for you to administer the estate yourself

How long does it take to obtain a Grant of Probate?
The timescales for issue of the Grant of Probate can vary depending on how quickly the probate registry process the application. Currently, this is 12 weeks from submission of the application (as at March 2025).

Full Estate Administration

For those people who want the burden of administering and distributing their loved ones estate to be taken from their shoulders, we carry out ‘Full Estate Administration’, for which we will ensure that all tax and death duties are paid, that all of the estate assets are called in and distributed in accordance with your loved one’s wishes. Our specialist team will:

Identify the legally appointed executors or administrators and beneficiaries
Identify any issues relevant to the validity of the Will
Explain the Intestacy Rules and how these apply in the absence of a valid Will
Accurately identify the type of probate application you will require
Prepare the relevant documents required to make the probate application
Complete the probate application and the relevant HM Revenue and custom forms (as required)
Ascertain whether Inheritance Tax is payable and if so, advise as to the amount and steps necessary
Obtain the Probate / Letters of administration
Pay all liabilities
Collect and distribute all assets in the estate in accordance with the Will or Intestacy Rules
Advise on the merits of a Deed of Variation (if relevant) and prepare the Deed if required and, finally, prepare Estate accounts.

Key stages/milestones for Full Estate Administration
We will handle the full process for you including, but not limited to, the following key stages, all within the fees set out above:

• Provide you with a dedicated and experienced probate team to work on your matter;

• Identify the legally appointed executors or administrators and beneficiaries;

• Identify any issues relevant to the validity of the Will;

• Explain the Intestacy Rules and how these apply in the absence of a valid Will;

• Accurately identify the type of probate application you will require;

• Prepare the relevant documents required to make the probate application;

• Complete the probate application and the relevant HM Revenue and custom forms (as required);

• Ascertain whether Inheritance Tax is payable and if so, advise as to the amount and steps necessary;

• Obtain the Probate / Letters of administration;

• Pay all liabilities;

• Collect and distribute all assets in the estate in accordance with the Will or Intestacy Rules;

• Advise on the merits of a Deed of Variation (if relevant) and prepare the Deed if required;

• Prepare Estate Accounts.

How long does the Full Estate Administration Probate service take?
On average, most estates are dealt with within 6-12 months. The timescales for issue of the Grant of Probate can vary depending on how quickly the probate registry process the application. Currently, this is 16 weeks (October 2023). Collecting assets then follows, which can take between 2-6 weeks. Once this has been done, we can distribute the assets, which normally takes a further 2-4 weeks.

However, the time scale very much depends on the nature of the estate, including whether there is a house to be sold and if there is a dispute relating to the estate. As a result, the administration can take longer than 12 months.

Please see our costs information section for more details on our probate fees.