Probate

Probate is the legal process in the UK by which a deceased person's estate is administered. This involves validating the will, if one exists, and overseeing the distribution of the estate according to the will's terms or, if there is no will, according to the rules of intestacy. The court appoints an executor or administrator to handle the process, which includes paying any debts and taxes owed by the estate and distributing the remaining assets to the rightful beneficiaries. Probate ensures that the estate is managed legally and fairly.

When a person dies without a will in the UK, they are said to have died intestate. The estate is then distributed according to the rules of intestacy, which prioritise close relatives in a specific order. The process typically involves appointing an administrator who will manage the estate, pay any outstanding debts and taxes, and distribute the remaining assets to the deceased's next of kin, such as a spouse, civil partner, and children. This legal framework ensures the estate is handled systematically but might not reflect the deceased's personal wishes. Making a will is the best way to ensure your estate passes as you intend.

The length of the probate process in the UK can vary widely depending on the complexity of the estate and whether there are any disputes among beneficiaries. On average, probate can take between six months to a year. Factors that influence this timeline include the need to value and sell assets, pay off debts, and address any legal challenges. Initiating the probate process promptly can help expedite proceedings and reduce potential delays.

In the UK, an executor is responsible for managing the deceased's estate through the probate process. Their duties include locating and valuing all assets, paying any outstanding debts and taxes, and distributing the remaining assets to the beneficiaries as specified in the will. Executors also need to complete necessary legal paperwork and submit it to the probate registry. They must ensure that the estate is administered according to legal requirements, which may involve working with solicitors and other professionals to navigate complex legal and financial issues.

The cost of probate depends on the size and complexity of the estate. Solicitors may charge a fixed fee, an hourly rate, or a percentage of the estate. We believe in transparent pricing and will always explain our fees clearly at the outset, offering fixed-fee options where possible. Contact us for a quote based on your circumstances.

You are not legally required to use a solicitor, and for very simple estates you may be able to handle probate yourself. However, a solicitor is valuable where the estate is large or complex, involves inheritance tax, property, business assets or disputes, or where you want the reassurance that everything is handled correctly. Using a solicitor can also reduce the personal liability an executor carries.

The '6 month rule' refers to the period after a grant of probate is issued during which a claim can be made against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. Executors are generally advised to wait until this six-month period has passed before distributing the estate, to avoid becoming personally liable if a valid claim is later made.

You can put a property on the market and even agree a sale before probate is granted, but the sale cannot legally complete until the grant of probate (or letters of administration) has been issued, as this is what gives the executor the authority to transfer ownership. We can help you time the process to avoid delays.

Not always. Probate may not be required for very small estates, or where assets were jointly owned and pass automatically to the surviving owner. Whether probate is needed usually depends on the value of the estate and the types of asset involved, as banks and other institutions set their own thresholds. We can quickly advise whether a grant of probate is needed in your case.