Notarial Services for Wills and Probate

Once an individual who signed the will passes away, any handwritten wills and wills executed in front of witnesses need a grant of probate from the Probate Registry (HMCTS); notaries in England and Wales cannot grant probate. If you want notarial services for wills and probate, you can get in touch with our UK notarymembers. They can properly assist you in how you can apply for probate. 

Estate administration

In England and Wales every will, handwritten or not, is proved by the Probate Registry, not by a notary, when the person passes away. The Probate Registry checks that the will was validly signed and witnessed and, once probate is granted, makes public the contents of the will. Wills drafted or witnessed by a notary are not exempt from probate in England and Wales. English law has no 'notarial will' (unlike Quebec or civil-law countries). Furthermore, the measures required to help an estate move through the probate procedure are referred to as estate administration.

After someone passes away, this entails settling any outstanding bills, canceling accounts, and dispersing assets to heirs. The precise obligations will be outlined in the decedent’s estate plan or by the intestacy rules. The estate administration process touches on many crucial elements of estate planning, which makes it challenging to comprehend. But you can get in touch with our UK notarymembers for detailed assistance.

Methods to probate a will

In England and Wales there is only one method, a grant from the Probate Registry; 'notary probate' below exists only in other systems:

• Probate by a notary: This route does not exist in England and Wales: a notary cannot prove a will. Only the Probate Registry can issue a grant of probate. However, if a will is being contested, such as if someone asserts it is a fake, a caveat can be entered and the dispute is decided by the court. To get guidance about how to deal with such matters, our UK notary can help you;
• Probate by the court: You must start by applying a type of request, to the Probate Registry of HMCTS, usually online through GOV.UK. Our notary members can provide you with information on this kind of application. Some individuals use a notary or attorney to draught the application. Others would rather compose it themselves and deliver it in court.

A grant of probate is usually issued within about 12 weeks of an online application. Court costs must be paid. You will also be responsible for paying the fees of any attorney or notary you hire to draught the application. The process of getting the probate papers takes several weeks. Ask our UK notary how long it will take. Probate costs are the court fee (GBP 526 if the estate is worth over GBP 5,000) plus any professional fees. 

Why do you need to probate a will?

Please find below the reasons why you need to apply for probate. The process of probate accomplishes the following:

• verifies the person’s demise;
• establishes the legitimacy of the will’s author;
• allows anyone who may inherit to enter a caveat and raise significant concerns (such as the existence of a more recent will) or make a case against having the will probated (for example, because they believe it is a fake will);
• indicates that the will is the deceased person’s final testament.

In conclusion, probate verifies if the will satisfies the criteria for being legitimate. The contents of the will are approved by probate, but that approval does not shield those contents from legal challenge. If you are looking out to find probate, you can get the services of our notary members in London. They can offer you comprehensive guidance on probate. 

Documents required to probate a will

If you want to notarize your probate and will, you are welcome to get in touch with our UK notary. However, the notary or court needs several documents, including these, to probate a will:

• the original will;
• a certified copy of the decedent’s death certificate issued by the register office or the General Register Office;
• only if the Probate Registry asks for it, a sworn statement from one of the will’s witnesses, or if the will was written by hand, a sworn statement from someone who can recognize the maker’s signature;
• the estate's value for Inheritance Tax (form IHT400 sent to HMRC first if the estate is not an excepted estate).

For any further assistance regarding probate, our members can help you. Furthermore, if you need notary services for probate and wills in Canary Wharf, our agents can assist you. You can consult with our expert team members located at our notary in Canary Wharffor details about their services.

Find probate records in England

Search for a probate record is also called a grant of representation for a person who passed away after 1857. You might need to look through the records from 1996 onwards to locate a will for someone who passed away in the early 1990s. You can check the general information below, or get in touch with members located at our notary in London for practical assistance:

• A postal search costs £16, including a copy of the probate record and any will;
• Within 4 weeks, you should receive a response.

Contact our UK notary for details about the notarization of wills and probate.  Furthermore, if you especially required the notarization of wills and probate in Canary Wharf, consult with our agents. The members at our notary public in Canary Wharf can also offer you the services of a mobile notary. They offer help to individuals or companies that would not otherwise be able to visit our office. Such persons can take advantage of the convenience of the notary traveling to them.