What is probate?

Probate is the legal term for the entire process of managing a deceased person’s estate. This involves paying any debts owed by the deceased, paying inheritance and other taxes, and distributing their property, possessions and money according to their wishes. Probate ends with the estate being wound up and closed.

If the deceased left a will, it will name at least one executor. This person is responsible for winding up the deceased’s affairs. It is common to appoint two executors who must act together when carrying out the deceased’s wishes, but up to four executors can take on this role.

How does the process work?

Before they begin collecting and distributing the estate funds, the executor(s) must obtain a Grant of Probate. This is a legal document that confirms the executor’s authority to deal with the deceased’s property. After that, the process will vary depending on the complexity of the estate, the location of assets, and the instructions left in the will. It can include:

• Identifying and locating all the estate’s assets and debts
• Valuing assets
• Completing an inheritance tax (IHT) return and paying taxes due
• Selling or transferring ownership of property, possessions and money
• Paying the deceased’s debts
• Distributing the rest of the estate in line with the will.

At each stage, our team provides advice on the legal and practical aspects of dealing with the estate, ensuring all tasks are completed in a timely, cost-effective manner. We can also help to resolve disputes between executors or beneficiaries if required.

How do I obtain a Grant of Probate?

A Grant of Probate is a document issued by the Probate Registry. It gives an executor legal authority to begin sorting out the deceased’s estate.

Generally, it will take somewhere between 4 and 12 weeks to apply for a Grant of Probate. You will need to submit an application form and supporting documents to the Probate Registry, including an inventory of assets. This time is dependent on how long it takes to prepare an inventory and date-of-death valuations for the deceased’s assets. The bigger and more complex the estate, the longer this will take.

Once the application is submitted, it will generally take around 8 weeks for the Grant of Probate to be approved. This can be longer or shorter, depending on the Court’s workload.

How long does probate take?

Probate takes around 12 months in most cases. There are no time limits, however, so it could take longer or shorter depending on the complexity of the estate. Cross-border and multi-jurisdictional matters can take two years or more due to the extra paperwork and legal requirements involved.

There are time limits when it comes to Inheritance Tax. IHT must be paid by the executor by the end of the sixth month after the date of death. If this isn’t done, interest and penalties may be charged on late payments.

Sometimes, disputes between executors, creditors, beneficiaries or tax authorities can cause delays. Our team of probate solicitors can help resolve these quickly and efficiently, ensuring all deadlines are met.

How much does probate cost?

We offer a personalised service and the cost of probate will vary depending on the complexity of the estate. For example, our fees will be greater where there is more than property, disputes between beneficiaries, or assets located outside of the UK.

We are transparent about our rates and provide a full breakdown of our fees upfront, so you know exactly what to expect from us and can budget accordingly. Please visit our prices page to get a breakdown of our probate fees. If you’d like to discuss your situation and get a tailored quote, call us on 020 7242 7363.

How do you obtain probate if there is no will?

If there is no will, the deceased is said to have died intestate. Rules determine who can administer the estate and how they must distribute the inheritance. This person is known as an administrator and they are usually someone with close ties to the deceased, such as a spouse or adult child.

Instead of a Grant of Probate, Administrators must obtain a grant of Letters of Administration to prove they have the authority to deal with someone’s estate. The process for obtaining Letters is broadly similar to that for a Grant of Probate, but is slightly more complicated and may require additional paperwork. Our team can provide assistance with Letters of Administration to ensure everything runs smoothly.