What is Probate?

What is Probate?

Probate (or administration if the person died without a Will) is the process of obtaining the legal right to manage a deceased person’s estate. The executor must apply for a Grant of Probate, a legal document giving them the authority to deal with the deceased’s finances, assets and possessions.

Obtaining the Grant of Probate can be a complicated and daunting task especially at a time when you have lost a loved one. Managing the estate is a huge logistical and administrative task. Most people are unaware of the complexity involved until they go through it. Probate is not always necessary. Following a bereavement, we will assist you in determining whether or not probate or administration is required and then offer support and advice on the next steps.

The role of executors and administrators

The person responsible for managing someone’s estate after death is known as the personal representative. If there’s a Will, the personal representative will be the executor named by the testator. The executor is legally responsible for applying for a Grant of Probate and is obliged to carry out the wishes of the deceased as set out in the Will.

Sometimes, more than one executor is named. These could include a close family relative or a legal specialist with relevant expertise. There’s no limit to the number of named executors in the Will, but only up to 4 executors can deal with a person’s estate at one time.

In cases where there is no Will, the person with the responsibility to administer the estate (administrator) will apply for Letters of Administration.

The role of executor or administrator involves various tasks, including:

• Registering the death and arrange the funeral

• Notifying the relevant authorities of the deceased’s passing

• Preparing financial documents and any necessary information to send to HMRC and the Probate Registry. Submitting an inheritance tax return and finalising the deceased’s person tax affairs

• Obtaining valuations for assets, including property, possessions, and investments paying bills and settling any debts

• Setting up and dealing with any trusts and collecting assets and money due to the deceased person’s estate and deciding when to sell the property. Distributing the remainder of the estate to the beneficiaries according to the Will and keeping estate accounts

It’s essential to fully understand your role as a personal representative, as your actions could have serious legal implications. Executors and administrators owe certain duties to the beneficiaries of the estate. If you fail to comply with your obligations, this could lead to legal action against you. Beneficiaries may attempt to remove you from your role, or you may have to reimburse the estate for losses caused by your actions.

Executors must remain impartial in all dealings with the estate and must never prefer the interest of one beneficiary over another. If there is a conflict and you cannot remain neutral, you must stand down from your duties.

A Will can be contested at any point before or after the probate process. If you’re on notice that a claim may be made against the estate, you should not distribute any of the estate assets. Any loss to the person making the claim could be recovered from you.

Do I need to use a professional?

You don’t have to use a probate professional. Many people deal with probate on their own, particularly if they have the skills and time. But more complex cases may require the services of a specialist probate professional. Dealing with probate carries obligations and personal liabilities for those involved who may not be fully aware of what is required of them.

You should consider using a probate professional when:

• You do not have sufficient time or expertise to deal with the estate

• Charities are named as beneficiaries

• The Will is being contested or there are concerns about the validity of the Will or any other dispute

• No Will was left – particularly for estates worth over £322,000

• The Will features trusts or foreign property or assets are involved

What services can you offer?

Full Estate Administration

This service is for those who want to instruct us to deal with the whole administration of the estate, which will involve us writing to all asset holders, preparing a schedule of assets and liabilities, submitting all the relevant tax forms and probate papers to obtain the Grant of Representation and also distribute the estate.

Obtain the Grant of Probate only

If you have already gathered all of the details as to the deceased’s assets and you simply need us to obtain the Grant on your behalf then this is the service for you.

How long does Probate take?

There is no set time scale in administering an estate; the time taken will depend on the value and complexity of the assets involved. In most cases, the application for probate typically takes around 3–4 months. For straightforward estates, you can expect the whole process to be complete within 12 months.

Disclaimer: This briefing is intended to highlight issues only for the purposes of general interest and is not intended to be a comprehensive statement of the law. Although we have taken care over the information, you should not rely on it as legal advice. We do not accept any liability to anyone who does rely on its content. Last updated February 2024. Grange Legal Limited is a private limited company with registration number 15342472.