What Is Probate and When Do You Need It?

Probate is the legal process of dealing with a person's estate after they die. Assets such as property, savings and personal possessions are collected, debts are paid, and what remains is passed to the beneficiaries.

We can advise you on whether probate is required and, if you wish, administer the whole estate on your behalf.

What Is Probate?

Probate is the process by which an executor or administrator obtains legal authority to deal with a deceased person's estate. That includes collecting assets, paying debts and tax, and distributing the remainder under the will or the intestacy rules.

If there is a valid will, the executor applies for a Grant of Probate. If there is no will, the person entitled under the intestacy rules, usually the closest relative, applies for Letters of Administration.

When Do You Need Probate?

Probate is not always required. It is usually needed where the person who died held assets in their sole name above the limits set by the organisations holding them. You are likely to need probate if:

• The deceased owned property or land in their sole name, or as tenants in common.
• A bank or other institution requires a grant before releasing funds.
• The deceased held shares or investments that the provider will only release on production of a grant.
• Balances exceed the institution's own limit, which is often between £10,000 and £50,000.

If you are unsure whether probate is needed, we can review the assets and advise you.

Who Is Responsible for Applying?

The executor named in the will is usually responsible for applying for probate. If there is no will, the person entitled under the intestacy rules applies for Letters of Administration. We can complete and submit the application to the HMCTS Probate Service and deal with HMRC where inheritance tax is payable.

The Probate Process Explained

1. Identify and value the estate: Collect information about property, savings and debts.
2. Report to HMRC and pay inheritance tax: Where tax is due, at least part of it must normally be paid before the grant is issued.
3. Apply for probate: Submit the application to the HMCTS Probate Service.
4. Collect assets and settle debts: Close accounts, sell or transfer property and pay creditors.
5. Distribute the estate: Transfer property and funds to the beneficiaries under the will or the intestacy rules.

How Long Does Probate Take?

The time needed depends on the size and complexity of the estate. Property sales, tax issues and disputes between beneficiaries all extend the timescale. We will give you a realistic estimate at the outset and keep you informed throughout. See how long probate takes.

Do You Need a Solicitor for Probate?

You can apply for probate yourself. Mistakes, however, can lead to delay, penalties or disputes, and executors can be personally liable for errors. We can either obtain the grant for you or administer the whole estate, depending on how much help you need.

More Wills & Probate services