What is Probate?

Probate is the legal process of dealing with someone's property, money and possessions after they die. It is one of those subjects nobody looks into until they need to, usually at the worst possible time, so here is a plain explanation.

Grant of Probate or Letters of Administration?

If there is a valid Will, the executors named in it apply for a Grant of Probate. If there is no Will, the closest relatives entitled under the intestacy rules apply for Letters of Administration instead. Both documents do the same job: they prove to banks, HM Land Registry and other institutions that you have legal authority to deal with the estate.

Is a grant always required?

Not always. Where the estate is small, or where everything was held jointly and passes automatically to the surviving owner, a grant may not be needed. Most banks have their own threshold below which they will release funds without one. We can review the position quickly and tell you where you stand before you commit to anything.

What the process involves

• Identifying and valuing all assets and liabilities at the date of death
• Reporting to HMRC and paying any inheritance tax due
• Applying to the Probate Registry for the grant
• Collecting in assets, closing accounts and selling or transferring property
• Settling debts, funeral costs and any income tax
• Preparing estate accounts and distributing to the beneficiaries

How long does it take?

A straightforward estate usually takes six to twelve months from start to finish. The grant application itself commonly takes several weeks, and the overall timetable depends on HMRC, any property sale and how promptly asset holders respond.

Executors: you do not have to do it alone

Executors are personally responsible for administering the estate correctly, which is a real responsibility. You can instruct us to handle the entire administration, or simply to obtain the grant while you deal with the rest. Either way, you will have a Solicitor & Director you can pick up the phone to.