What is probate?
Losing someone you care about is difficult enough without having to navigate legal processes. If you're responsible for managing a loved one’s estate, probate is the process that allows you to take care of their finances and ensure their final wishes are carried out. Let’s break down what probate involves and how we can help.
Key Terms
- A Grant of Probate, which is a legal document issued by the court that gives the Executors of a Will the authority to act on behalf of the estate.
- Letters of Administration, is issued by the court and gives the administrator the authority to act on the estate, when someone dies without a valid Will.
- Administration of an Estate, is the process of managing someone’s estate after they’ve passed away. This includes gathering their assets, paying off any debts, and distributing what's left in line with their Will or under the rules of intestacy.
When is probate needed?
In most cases, you’ll need to apply for a Grant of Probate to manage the estate. However, there are exceptions:
- If the estate is worth less than £10,000.
- If the assets are all jointly owned with someone else, like a spouse, and automatically transfer to them.
Unsure whether you need probate? We recommend contacting any banks or financial institutions where your loved one held accounts. They can confirm if probate is required for you to access those funds.
If your loved one didn’t leave a Will, the process is a little different. Instead of applying for a Grant of Probate, you’ll need to apply for Letters of Administration.
Who is responsible for applying?
If there’s a valid Will, the named Executors have the right to apply for probate. If there’s no Will, the closest relatives—usually a spouse, civil partner, or adult children—will need to apply for Letters of Administration.
If you’re unsure who should apply, or if there are any disputes, a specialist probate solicitor can help guide you through the process.
The Probate Process
Though it can feel overwhelming, probate doesn’t have to be complicated. Here’s a simple breakdown of the key steps involved:
1. Register the Death
The first thing to do is register the death and obtain official copies of the death certificate. This is needed to manage the estate.
2. Value the Estate
You’ll need to assess everything your loved one owned, including:
- Bank accounts and savings
- Property and personal effects
- Pensions, shares, and investments
- Debts, such as loans or mortgages
Once you’ve gathered this information, you’ll notify the relevant organisations and request final account statements. These accounts are usually frozen until probate is granted.
3. Apply for Probate
With the estate valued, the next step is applying for probate through the government’s online service. There’s a fee to submit the application.
4. Inheritance Tax
You’ll also need to submit Inheritance Tax forms. Depending on the size and value of the estate, Inheritance Tax may be payable before probate can be granted.
If Inheritance Tax is owed, it can often be paid directly from the deceased’s bank account. If this isn’t possible, the Executors may need to cover the tax temporarily and then recover it from the estate.
How much does probate cost?
You pay a fee to the Court at the time an application is made, this fee is currently £300.
There is no fee for estates valued at less than £5,000.
How long does it take?
Generally, after submitting your application, for a simple estate, you can expect to receive the Grant of Probate or Letters of Administration within about four to six weeks but this is dependent upon the Court timescales at the time the application is made.
The time it takes to complete the administration of an estate varies and is dependent upon the circumstances and the assets involved. Simpler estates can often be settled in a matter of months, while more complex cases may take longer, particularly if there is tax to pay and/or a property to sell.
How we can help
At Rosalind Watchorn Solicitors, we understand that dealing with probate can feel overwhelming at such a difficult time. Whether you need help with specific steps or want us to handle everything, we’re here to make the process as smooth as possible.
We offer guidance on:
- Probate applications and Letters of Administration
- Managing and valuing estates
- Inheritance tax and tax-saving advice
- Selling property and distributing assets
Read more on how we can help you with probate.
Get in touch
We are here to support you with care, expertise, and clarity every step of the way. Let us take some of the burden off your shoulders so you can focus on what truly matters.
Get in touch with us today for compassionate and professional support with probate, or to discuss any other legal concerns you may have.
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