Wills and Probate Archives - Bartletts Solicitors

How Does Probate Work In Practice?

If you are looking for answers to the question ‘How does probate work?’, the specialist wills and probate solicitors at Bartlett’s are here to help. We offer expert legal advice and support with a human touch, guiding our clients through the probate process with professionalism, empathy, and care.

What Is Probate?

Probate is the legal right to deal with the estate of a person who has died. Practically, it is the point at which institutions like banks, investment providers, and the Land Registry will recognise that the person is entitled to deal with the estate, including closing accounts, selling assets, and transferring property. You should generally not make financial plans or put property on the market until you have the Grant of Probate, because you may not yet have the legal authority to proceed, and delays in obtaining a Grant are common.

Probate is not always needed; some estates can be dealt with without a Grant, depending on what assets exist and how they are owned. We explain this in further detail below.

Do You Always Need Probate?

No, you do not always need probate. Whether probate is required often depends on the type of assets and the rules of the financial institutions at which the deceased’s accounts are held.

For example, you may not need probate where assets pass automatically by survivorship to the surviving co-owner. Furthermore, many financial institutions will agree to release money held in accounts when the amount is below a certain threshold, although those thresholds vary significantly.

If you are unsure whether you need a Grant of Probate to deal with your loved one’s estate, speak to us. We will review your situation and provide clear, practical advice.

“Enquiry was handled very well. I will contact Bartletts with future needs.”

Mr Martin

The Probate Process: Step By Step

While every estate is different, most probate matters follow a similar sequence, a general overview of which is as follows.

1. Register The Death And Locate The Will

You will usually begin by obtaining the death certificate, identifying whether there is a will, and establishing who is appointed as an executor. If there is a will, you should confirm it is the latest version and check for any codicils.

2. Value The Estate

You need to value the estate, including any property, bank accounts, investments, personal possessions and any liabilities, such as mortgages, loans, and unpaid bills.

3. Consider Inheritance Tax (IHT) Reporting And Payment

If the estate owes Inheritance Tax, you must report its value to HMRC. You normally need to start paying IHT before the Grant of Probate is issued.

4. Apply For The Grant of Probate

You can apply for the Grant of Probate online or by post.

5. Administer The Estate

Once the Grant of Probate is issued, you can proceed to close accounts, cash in investments, transfer or sell property, and gather in estate funds into an executor or administrator account. You must then clear estate debts and administration expenses, prepare estate accounts, before finally distributing the remaining estate between the beneficiaries.

When Should You Involve A Solicitor?

Many executors seek legal advice to assist them in administering the estate to ensure that they do the job correctly and avoid any personal liability for mistakes. Legal advice is particularly sensible in certain situations, including the following:

There is no will.
Beneficiaries are minors or vulnerable.
There are foreign assets.
There is a business interest.
There are lifetime gifts that may affect IHT.
Relationships and entitlement are unclear.

That said, even straightforward estates can be complex and time-consuming. Our wills and probate solicitors can provide as much or as little assistance as you need, from providing one-off advice to running the entire estate administration process for you.

What Happens If A Dispute Arises?

A will may be challenged in a number of specific situations, including if the person lacked mental capacity, was pressured into making the will in the terms they did, did not understand or approve the document, the will wasn’t properly signed and witnessed, or there was fraud or forgery.

Disputes of this nature can escalate quickly and threaten important personal relationships, so they need very careful handling. Taking expert legal advice early helps you understand whether you have a valid challenge or defence and devise a strategy that resolves the matter as swiftly, amiably, and cost-efficiently as possible. This may involve exploring alternative dispute resolution methods, such as negotiation or mediation, which can facilitate settlement without the need for court proceedings.

If you are dealing with a probate issue, whether as an executor, administrator, or beneficiary, our wills and probate team is ideally placed to assist and advise. We have the experience to guide you through the available options, explain likely costs and outcomes in plain English, and help you resolve matters as quickly as possible. We understand that probate matters are often emotionally charged, and we offer first-class legal support combined with empathy and discretion.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

What Power Does An Executor Of A Will Have UK?

While being named as executor in someone’s will can feel like an honour, it can also be overwhelming and stressful. The first question that many people in this situation have is, ‘What power does an executor of a will have UK?’ The short answer is that executors hold significant legal authority, but that authority comes with clear boundaries and extensive obligations, and non-adherence can lead to personal liability.

To speak to our experts, please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

Who Can Be An Executor?

A testator, which is the legal term for the person making a will, can appoint as many executors as they like, but only four can apply for a Grant of Probate at once. There is no requirement that an executor be legally qualified, though the process can be demanding, so many executors choose to work with a specialist solicitor to make sure the administration is handled properly.

At Bartlett’s, we can act alongside a named executor or manage the full process on your behalf, whichever suits you best.

When Does An Executor’s Authority Take Effect?

An executor’s authority derives directly from the will itself, which means it technically comes into force at the moment of the testator’s death. In practice, however, most banks, financial institutions, and property registries will not release assets or act on an executor’s instructions until a Grant of Probate has been obtained. This is the document issued by the Probate Registry that formally confirms the executor’s right to deal with the estate.

This is one key area where executors differ from administrators. Where someone dies without a valid will, the person appointed to administer the estate has no authority whatsoever until the court issues a Grant of Letters of Administration. There is no equivalent starting authority drawn from the will itself, since there is no will. As a result, the administrator of an intestate estate can face early delays that an executor does not encounter.

“I am very satisfied with your service thank you so much.”

Ms Harris

What Are The Core Powers Of An Executor Of A Will UK?

Once probate is granted, the executor has broad legal powers to deal with every aspect of the estate. These include:

Securing property, valuables, and important documents immediately after death
Registering the death and obtaining death certificates
Notifying relevant organisations, including banks, HMRC, the DWP, pension providers, and any other institutions holding assets or paying benefits
Valuing the entire estate, including property, investments, savings, personal possessions, and any money owed to the deceased
Completing and submitting Inheritance Tax returns to HMRC, and paying any Inheritance Tax due
Managing any estate property, including arranging insurance, collecting rent, or making decisions about sale
Paying all outstanding debts and liabilities from the estate before any distributions are made
Preparing full estate accounts
Distributing assets to beneficiaries in accordance with the terms of the will

The law imposes crucial fiduciary duties on executors. They must act with reasonable care, impartially, and always in the best interests of the estate and its beneficiaries rather than themselves.

What An Executor Cannot Do

The powers of an executor are wide, but they are not unfettered. An executor has no authority to alter the terms of the will, add or remove beneficiaries, or redirect assets to anyone not named by the testator. If an executor fails to distribute what a beneficiary is entitled to, they can face personal liability for the beneficiary’s losses.

Where more than one executor is appointed, they must make any decisions jointly. This means that one executor cannot act unilaterally without the agreement of the others. Executors who act improperly, whether deliberately or through carelessness, can be removed by the court. In serious cases, they may face claims for breach of fiduciary duty.

An executor also cannot use estate funds for their own benefit, unless the will specifically permits this. Claiming reasonable out-of-pocket expenses is permitted, but payment for time spent is only allowed if the will contains an express charging clause. If you are unsure what you are and are not entitled to do as an executor, speak to us. We can advise you before you take any action and ensure that you act within the confines of your authority.

Can An Executor Also Inherit?

Yes, an executor can be a beneficiary of the estate they are administering. A surviving spouse is frequently both executor and sole beneficiary, and there is no legal barrier to holding both roles.

How We Can Help

The wills, trusts, and probate solicitors at Bartletts have been supporting clients across Liverpool, Chester, and Wrexham for over 160 years. Whether you are a first-time executor who is not sure where to start, or a beneficiary with questions about an ongoing estate administration, we are on hand to give you clear, honest advice.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

What Happens To Bank Account When Someone Dies Without A Will UK?

What Happens To Bank Account When Someone Dies Without A Will UK If someone has died without leaving a will, sorting out their financial affairs can be a complex exercise. Questions around who is entitled to deal with the estate, what the intestacy rules mean in practice, and what happens to bank accounts when someone dies without a will in the UK often arise, and specialist legal support can be invaluable in answering them and navigating the estate administration process.

To speak to our experts, please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

What Happens To A Bank Account When Someone Dies Without Leaving A Will?

As soon as a bank or building society is told that an account holder has died, any accounts held in their sole name are frozen. Incoming and outgoing payments stop, standing orders are cancelled, and direct debits no longer go out. This is a standard legal safeguard to protect the estate and prevent unauthorised access.

At this point, nobody can touch the money, regardless of how close they were to the deceased. Being a spouse, child, or the person who shared a home with them does not give you an automatic right to withdraw funds or transfer money from the deceased person’s bank or building society accounts. That authority has to be formally obtained.

Joint Accounts And The Right Of Survivorship

If the deceased held an account jointly with another person, the rules are different. Most joint accounts carry the right of survivorship, which means the surviving account holder automatically becomes the sole owner of the balance when the other holder dies. The bank simply needs to be shown a death certificate, and the account is transferred into the surviving holder’s name.

This only applies where the account was held as beneficial joint tenants. If the account was instead held as tenants in common, the deceased’s share does not pass automatically. It falls into the estate and must be dealt with under the rules of intestacy alongside everything else.

“Enquiry was handled very well. I will contact Bartletts with future needs.”

Mr Martin

The Rules Of Intestacy

Dying without a will is known as dying intestate, and when that happens, the law sets out exactly who is entitled to inherit the estate. The intestacy rules follow a strict order of priority. A surviving spouse or civil partner takes first priority. Where the estate exceeds a set amount, the spouse receives that threshold amount plus all personal possessions, with the remainder split equally between the spouse and any children.

Where there is no surviving spouse or civil partner, the estate passes equally to children. If there are no children, parents inherit, then siblings, and so on through the family. One of the most significant points is that unmarried partners have no automatic right to inherit under these rules, regardless of how long the relationship lasted. This is why making a will is crucial to protect the people you love.

We can help families understand their position under the intestacy rules and advise on the best way to move forward with administering the estate.

Applying For Letters Of Administration

Because there is no will, there is also no executor. In their place, a family member, usually the closest surviving relative, must apply to the Probate Registry for a Grant of Letters of Administration. This is the document that gives the administrator the legal authority to deal with the estate, including instructing banks to release funds.

We can help with the full letters of administration process, from the initial paperwork through to the distribution of the estate once the grant has been received.

Can The Bank Release Money Before The Grant Has Been Obtained?

Most banks will release funds directly to a funeral director to cover the cost of the funeral before any grant of administration is in place. You will usually need to provide both a death certificate and an invoice from the funeral home.

Some financial institutions will release amounts of money below a specific threshold without insisting on seeing a Grant of Probate or Letters of Administration. However, there is no hard and fast rule, and each bank sets its own threshold for what it will agree to without formal authority.

For anyone dealing with the estate of someone who has died without a will, our specialist team at Bartletts is here to help. We have been advising clients across Liverpool, Chester, Wrexham, and beyond for over 160 years, and our probate solicitors are experienced in handling intestate estates of all sizes and complexities.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

How Much Does A Solicitor Charge For Probate?

Questions about estate administration and legal costs arise quickly when a loved one passes away, and one of the first things executors and family members want clarity on is, ‘How much does a solicitor charge for probate?’ Here, we explain how our fees are structured at Bartletts, what drives the cost of administering an estate, and what you can realistically expect at each stage of the process.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

What Probate Actually Involves

Probate is the formal legal process through which a deceased person’s estate is administered and distributed. Where the deceased left a valid will, the executor named in that will applies to the Probate Registry for a Grant of Probate. This document confirms the executor’s legal authority to deal with the estate. Where there is no will, a family member or other eligible person applies for Letters of Administration instead, and the estate passes according to the intestacy rules.

The process covers a range of tasks. They include identifying and valuing all assets and liabilities, completing any required inheritance tax returns and correspondence with HMRC, applying to the Probate Registry for the grant, collecting in the assets, settling debts and outstanding liabilities, and finally distributing the estate to the beneficiaries.

We can help with every part of this, whether you need full estate administration from start to finish or support with one particular aspect of the process.

“Enquiry was handled very well. I will contact Bartletts with future needs.”

Mr Martin

Why Probate Costs Differ

The cost of probate is not fixed, and that is because no two estates are the same. The time a solicitor spends on a matter is the main factor, and that time is directly shaped by the nature and complexity of what the estate contains.

A straightforward estate might involve one property, a small number of bank accounts, a valid and clear will, no inheritance tax liability, and a handful of beneficiaries. A more involved estate might include multiple properties, significant investments, business interests, foreign assets, or a situation where the deceased died without a will or where beneficiaries are difficult to trace.

Examples of factors that typically influence probate costs include:

Whether inheritance tax is payable and the extent of HMRC involvement
The number and type of assets, including whether property needs to be sold or transferred
The number of beneficiaries and whether bankruptcy searches are necessary
Whether creditors need to be formally notified
Any disputes or complications among those entitled to benefit from the estate
Whether the deceased died without a will, which generally adds complexity to the administration

How Much Does A Solicitor Charge For Probate At Bartletts?

At Bartletts, our charges for uncontested estate administration are calculated by reference to the time the fee earner spends on the matter. Our hourly rate will not exceed £250 plus VAT, which is currently charged at 20%.

Because it is genuinely difficult at the outset to predict precisely how many hours a matter will require, we use a fee cap of 2% of the gross estate value to give clients a reference point. To be clear, this does not mean that a standard charge of 2% of the gross estate value applies to every estate. It is simply a benchmark we use to ensure that the fee we propose is fair and proportionate to the size of the estate and the work involved. We always take into account the difficulty of the matter, the importance of it to the client, and the level of responsibility it carries.

Before we begin any work, we will send our proposed fee to you for approval.

Other Costs To Be Aware Of

Professional fees are only part of what is payable in an estate administration. There are also disbursements, which are third-party costs.

Examples of some common disbursements in probate matters include the following:

The probate application fee
Sealed copies of the Grant of Probate or Grant of letters of Administration
Bankruptcy searches on beneficiaries
Section 27 notices
Independent property or asset valuations, where needed

We can help you understand exactly which disbursements you are likely to incur in your particular estate and how much those disbursements are likely to be.

Talk To Our Probate Team

Bartletts Solicitors has been advising families, executors, and administrators across Liverpool, Chester and Wrexham for over 160 years. Our wills, trusts, and probate team has experience across a wide range of estates, from modest and uncomplicated matters to large and involved administrations requiring careful management throughout.

If you have an estate to deal with and would like to understand your options, please contact one of our offices. We are happy to talk things through at an early stage, without obligation.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

What Does Probate Mean?

Losing someone you love is hard enough without having to navigate unfamiliar legal territory at the same time. Given that few people have experience of the probate process, it is no surprise that one of the first questions clients often ask us is ‘What does probate mean?’

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

What Is A Grant Of Probate?

In straightforward terms, probate is the legal process of dealing with a person’s estate after they die. At the heart of the probate process is a legal document known as the Grant of Probate. This is an official certificate issued by the Probate Registry that confirms the validity of a will and gives the named executor, or executors, the legal authority to administer the deceased’s estate. Without it, most banks, financial institutions, and property registries will not release assets or allow property to be transferred or sold.

Where there is no will, the process differs slightly. An application is made for Letters of Administration rather than a Grant of Probate. The authority this document provides is essentially the same, but the person appointed to administer the estate is called an administrator rather than an executor. We can advise on both situations from the very beginning, helping you understand which route applies and what the next steps look like.

“Enquiry was handled very well. I will contact Bartletts with future needs.”

Mr Martin

When Is Probate Required?

Not every estate requires probate, and whether you need to apply for a grant depends largely on what the deceased owned and how those assets were held at the time of their death.

As a general rule, probate will always be required where the estate includes property or land registered solely in the deceased’s name. Most banks and financial institutions will also ask to see a Grant of Probate before they release funds, though the threshold at which they require it varies. Some will release smaller balances without it, while others have an internal policy of requesting the grant regardless of how much is held. Where the estate includes stocks and shares, investment portfolios, or NS&I products held in the deceased’s sole name, probate will almost certainly be needed before those assets can be dealt with.

That said, there are circumstances where probate is not required. If assets were held in joint names, for example a jointly owned property or a joint bank account, those assets will typically pass directly to the surviving owner by what is known as the right of survivorship, without the need for any grant at all. Similarly, life insurance policies and pension death benefits that are written in trust or nominated to a named beneficiary usually fall outside the estate entirely and can be claimed without probate.

Where the estate is made up entirely of jointly held assets or very modest savings, it may be possible to deal with everything without making an application to the Probate Registry. However, this is not always straightforward to determine, and you should always take advice before assuming probate is not needed. Acting on that assumption without checking can cause significant delays later in the process, particularly when financial institutions or property registries push back.

We can carry out an initial review of the estate and give you a clear steer on whether probate is required in your particular circumstances.

What Are The Stages Of The Probate Process?

The probate process involves several distinct stages, and having a clear picture of each one from the outset helps avoid unnecessary delays.

The first step is valuing the estate. This means identifying everything the deceased owned, including property, savings accounts, investments, personal possessions of significant value, and any money owed to them, as well as listing their liabilities, such as outstanding debts, mortgages, and unpaid bills.

The next step is ascertaining the Inheritance Tax position. A residence nil rate band may apply where a property is left to direct descendants, which can reduce the liability, and various other reliefs and exemptions exist depending on the circumstances. Our team can advise on your specific position to ensure nothing is overlooked.

Once the estate has been valued and any Inheritance Tax liability addressed, an application is submitted to the Probate Registry. Processing times vary, but straightforward applications are generally resolved within sixteen weeks. More complex estates can take considerably longer.

After the grant has been issued, the executor or administrator can begin collecting in the assets. This includes closing bank accounts, dealing with property, settling outstanding debts, and ultimately distributing what remains to the beneficiaries either under the terms of the will or, where there is no will, in accordance with the rules of intestacy.

How Bartletts Can Help

At Bartletts, our solicitors have been helping clients through the probate process for well over 160 years. We know that this is rarely a purely legal matter. It involves real people, real grief, and very real practical pressures, often all at the same time.

Whether you need full support with every stage of the probate process or simply want advice on a specific issue, we are here to help. We offer clear, straightforward guidance and will always be open about costs from the outset, so there are no surprises along the way.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

How Much Does Probate Cost UK?

Losing someone close to you is hard enough without having to immediately start thinking about legal and financial matters. Yet for most families, those practicalities cannot wait, and one of the questions we hear most from clients at Bartletts is, ‘How much does probate cost UK?’

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

What Is Probate?

Probate is the legal process of administering a deceased person’s estate. It involves obtaining the Grant of Probate or Letters of Administration, depending on whether the deceased person left a valid will. From there, the process involves gathering assets, settling debts, dealing with any tax obligations, and ultimately distributing what remains to the beneficiaries.

Not every estate requires probate, but the vast majority do. Smaller estates held solely in cash, with no property and no significant assets, may fall outside the requirement, but most families will find that at least one institution demands sight of a Grant of Probate or Letters of Administration before releasing any funds. Moreover, where the deceased owned property in their own name, securing a Grant of Probate or Letters of Administration is a must.

"All excellent - Very pleasant to deal with, efficient and friendly. Highly recommended."

Ms Grice Residential Conveyancing

How Much Does Probate Cost UK?

A brief breakdown of how much probate costs in the Uk is as follows:

• The Court Fee

Every application for a Grant of Probate in England and Wales comes with a mandatory court fee. For estates valued above £5,000, the current fee is £300, paid directly to HM Courts and Tribunals Service at the point of application. Estates worth £5,000 or under are exempt from this charge entirely.

You will also need official copies of the grant to send to banks, building societies, share registrars and any other relevant organisations. For an estate with several accounts spread across different institutions, you might need five to ten copies as a starting point, so those costs add up and are worth budgeting for early on. We can help you work out how many copies you are likely to need based on the assets held in the estate.

• Solicitors’ Fees

At Bartlett’s, our probate fees depend on the size and complexity of the estate as well as how much of the administration you want us to handle.

To give our clients some certainty over fees, we tend to say that the costs involved in our full estate administration service will not exceed 2% of the gross estate. This does not mean that our bill will always be that amount, since it will depend on how long it takes to complete the matter, but this rule of thumb ensures that the legal costs are proportionate to the size of the estate.

If you prefer to do the majority of the work yourself but need legal advice on a discrete issue, such as ascertaining how the Intestacy Rules apply to the estate if the deceased did not leave a will, we will base our costs on the time we spend on your matter. We will always send you an estimate before we start work so that there will be no unwelcome surprises when the matter concludes.

Do You Always Need A Solicitor?

Where an estate is genuinely uncomplicated, with a straightforward will, a small number of assets and no property or inheritance tax, some people do manage the process themselves.

For most estates, though, the risks of proceeding without legal support are real and worth weighing carefully. Executors carry personal liability for errors in administration. An incorrectly valued estate, a missed asset, or a miscalculated tax return can result in penalties or, worse, a claim against the executor personally. Where disputes arise between beneficiaries, or where the validity of the will is questioned, matters can escalate quickly. Our team at Bartletts has many years of experience across the full range of estate administration and we can help you protect yourself from those risks from the very start.

Where someone dies without a will, the intestacy rules determine who inherits and in what proportions. An administrator must apply for Letters of Administration rather than a Grant of Probate, and the administration is often more complex because there is no document to guide the process. Family relationships may complicate matters, and disputes about who is entitled to what are not unusual. We work with families navigating intestate estates regularly and are well placed to help you understand your position and ensure that matters run smoothly.

Find Out How Much Probate Costs

The cost of probate in the UK is not a single fixed figure. Every estate is different, and the costs involved will depend on the assets, whether tax is payable, and the level of support you need.

If you have recently lost someone and are not sure where to begin, our wills, trusts, and probate team at Bartletts is ready to help. We will talk you through your situation with care and empathy, explain how we charge for our work, and answer any questions you have.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

Probate And Estate Lawyers

Losing someone close to you is one of the hardest experiences you can face, and the last thing you need is a host of legal obligations to address. At Bartletts Solicitors, our probate and estate lawyers are here to carry that legal burden so that you can focus on what matters most: supporting your family and coming to terms with your loss.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

What Does Probate Actually Involve?

Probate is the formal legal process through which a deceased person’s estate is administered. If your loved one owned property in their sole name, held bank accounts above a certain threshold, or had investments and other significant assets, you will almost certainly need to go through probate before those assets can be transferred or sold.

The process begins with valuing the estate in full, which means accounting for everything from property and savings to personal possessions, shares, and life insurance policies. Debts must be identified too, including outstanding mortgages, loans, or unpaid bills. Once the estate is valued, the executor or administrator must determine whether inheritance tax is payable and, if so, submit the relevant forms to HMRC and pay at least some of the tax due before applying for a Grant of Probate from the Probate Registry.

We can help with the full valuation and asset-gathering process, ensuring nothing is overlooked and that the estate is presented accurately to both the Probate Registry and HMRC.

Grants Of Probate And Letters Of Administration

The Grant of Probate is the legal document that gives an executor authority to deal with the estate. Without it, banks will not release funds, properties cannot be transferred, and investments cannot be cashed in. Where a person has died without a will, the relevant document is called Letters of Administration, issued to an administrator rather than an executor. The rules about who can apply follow a strict order of priority, which can create complications, particularly in more complex family situations.

We can help with obtaining both Grants of Probate and Letters of Administration, guiding executors and administrators through a demanding administrative process at an already difficult time.

“Enquiry was handled very well. I will contact Bartletts with future needs.”

Mr Martin

Inheritance Tax And Estate Planning

Inheritance tax is charged at 40% on the value of an estate above the nil-rate band, which currently sits at £325,000. A further allowance applies where a residential property passes to direct descendants: the residence nil-rate band adds up to £175,000 to that threshold, potentially allowing an estate worth up to £500,000 to pass free of inheritance tax. For married couples and civil partners, any unused allowance can be transferred to the surviving partner, meaning a combined estate of up to £1 million may be sheltered from tax in some circumstances.

The interaction between these allowances and gifts made in the seven years before death, trusts, and business or agricultural property reliefs can make inheritance tax planning complex and intricate. Getting this right at the planning stage, before a will is ever needed, is far more effective than addressing it afterwards.

We can help with inheritance tax planning, trust structures, and reviewing existing wills to ensure your estate is structured as tax-efficiently as possible.

What Happens When There Is No Will?

Dying without a will, known legally as dying intestate, means the rules of intestacy determine how your estate is distributed rather than your own wishes. Under the intestacy rules in England and Wales, a surviving spouse or civil partner does not automatically receive the entire estate if there are also surviving children. The estate is divided according to a statutory formula, which may not reflect what the deceased would have wanted.

Unmarried partners, stepchildren, close friends, and charities receive nothing under the intestacy rules, regardless of the closeness of the relationship. This is one of the most compelling reasons to have a properly drafted will in place as early as possible.

We can help with drafting wills that accurately reflect your wishes, however straightforward or complex your personal circumstances may be.

Contested Probate And Disputed Wills

Unfortunately, family disputes during the probate process are not uncommon. They can arise over the validity of a will, challenges based on lack of mental capacity, allegations of undue influence, and claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. These disputes carry both financial and emotional consequences for everyone involved.

Our probate and estate lawyers deal with contested probate and disputed wills with sensitivity and professionalism. Whether you are an executor facing a challenge over the estate you are administering, or a family member who believes a will fails to make reasonable financial provision for you, we have the experience needed to advise you effectively at every stage.

We can help with resolving inheritance disputes through negotiation, mediation, or court proceedings where that proves necessary.

Powers Of Attorney And Court Of Protection

Arranging a Lasting Power of Attorney while you still have mental capacity is one of the most practical steps anyone can take to protect both their property and financial affairs and their health and welfare decisions. Without a registered LPA in place, family members have no automatic authority to manage the affairs of a loved one who loses capacity. An application to the Court of Protection then becomes necessary, a process that is considerably more time-consuming, expensive, and uncertain than registering an LPA in advance.

We can help with drafting and registering Lasting Powers of Attorney. Where it is too late for an LPA, we can assist with applications to the Court of Protection for deputyship orders.

Why Choose Bartletts Solicitors?

With over 160 years of history and offices in Liverpool, Chester, and Wrexham, our team brings genuine depth of experience to every probate and estate matter. Our probate and estate lawyers are approachable, professional, and committed to protecting your interests at every stage.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

Probate Process

Losing someone close to you is one of the most difficult experiences a person can go through, and the burden of having to deal with the requisite legal formalities can feel overwhelming at a time when your grief is at its most raw. At Bartletts Solicitors, we have been guiding families through the probate process from our offices in Liverpool, Chester, and Wrexham for over 160 years. Our approach remains the same as it always has been: empathetic, thorough, and dedicated to meeting your needs.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

What Is Probate?

Probate is the formal legal procedure through which a deceased person’s estate is administered, their debts settled, and their assets distributed to those entitled to receive them. In England and Wales, this centres on obtaining either a Grant of Probate, where the deceased left a valid will, or Letters of Administration, where they died intestate. Either document confers the legal authority needed to deal with the estate on behalf of the person who has died.

Not every estate requires a grant. Smaller estates and assets held jointly may pass without having to undertake the full probate procedure. We can help you determine whether an application is necessary before any steps are taken, which can save considerable time and avoid unnecessary cost.

Who Can Apply For Probate?

Where a valid will exists, the executors named in it carry the responsibility for making the probate application and undertaking the probate process. Executors should not underestimate the weight of this role. They bear personal liability for the proper administration of the estate, and mistakes made under pressure can have real consequences for both the executor and the beneficiaries. Our solicitors work alongside executors throughout the probate process, ensuring that they properly discharge their obligations and avoid any personal liability.

Where someone dies without having made a will, the estate does not pass automatically to whoever the family assumed would inherit. The intestacy rules set out a strict legal hierarchy, and the results can sometimes be surprising. An unmarried partner, however long-standing the relationship, receives nothing under these rules. Close friends are similarly excluded entirely, regardless of the deceased’s intentions. Only married or civil partners and blood relatives benefit, in a prescribed order.

In these situations, Letters of Administration must be obtained rather than a Grant of Probate, and the person entitled to apply is determined by those same intestacy rules. We can help families understand what the rules mean in practice and advise on whether any claims under the Inheritance (Provision for Family and Dependants) Act 1975 might be worth pursuing where the outcome feels deeply unfair.

“Enquiry was handled very well. I will contact Bartletts with future needs.”

Mr Martin

How Does The Probate Process Work?

A general overview of the probate process is as follows:

• Valuing The Estate

At the start of the probate process, the estate must be carefully valued. This means identifying all assets, including property, savings, investments, shares, personal possessions, business interests and lifetime gifts made within seven years of death. Outstanding debts, mortgages, unpaid bills and funeral costs are then offset against those figures to arrive at the net estate value.

The value of the estate determines whether Inheritance Tax is due. The standard nil-rate band currently stands at £325,000 per individual. Where a qualifying property passes to direct descendants, a residence nil-rate band of up to £175,000 may also apply. Value above these thresholds is taxed at 40%, though various reliefs can substantially reduce that figure. At Bartletts, we have particular expertise in agricultural property and business property matters, and we can help ensure that all available reliefs are properly identified and claimed.

• Inheritance Tax And The Probate Application

Where Inheritance Tax is due, at least some of it must be paid to HMRC before the Probate Registry will issue the grant. However, without the grant, it is often impossible to access the estate funds needed to make that payment. The Direct Payment Scheme provides one solution, allowing funds to be transferred directly from the deceased’s bank accounts to HMRC without a grant being in place. We can help you put this in place efficiently, avoiding the delays that arise when the issue is not addressed early.

Once HMRC has issued its clearance reference, the application to the Probate Registry can proceed. Our solicitors can prepare and lodge the application for you, ensuring it is accurate and watertight, thereby avoiding unnecessary delays in obtaining the grant.

• Collecting Assets And Clearing Liabilities

With the grant secured, the work of administering the estate can begin. Assets must be gathered, bank accounts closed, property dealt with, and outstanding debts settled. This stage involves substantial correspondence with financial institutions, pension providers, the Land Registry, and investment managers, all of whom require sight of the grant before taking action.

• Distribution To Beneficiaries

Once debts are paid, the estate can be distributed in accordance with the will or the intestacy rules. A clear set of estate accounts should be prepared at this point, with beneficiaries given the opportunity to review and approve them before any final payments are made. This step protects the executor and gives beneficiaries confidence that the estate has been properly handled from start to finish.

Where disputes arise, whether over the validity of a will, the conduct of an executor, or the respective entitlements of beneficiaries, we have the experience to advise and represent you effectively, from early negotiation through to court proceedings where necessary.

Speak To Our Team

At Bartletts, we understand that every estate is different, and that every family dealing with one faces its own particular pressures. Our wills and probate solicitors across Liverpool, Chester, and Wrexham give straightforward advice without unnecessary jargon, and we are committed to keeping you informed at every stage of the process.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

Probate Application

Dealing with the death of someone close is never easy, and the legal processes that follow can feel overwhelming at the worst possible time. A probate application is one of the first formal steps many families need to take after a bereavement, and understanding what is involved from the outset makes the whole process considerably more manageable. At Bartletts Solicitors, we have been guiding clients through this process for over 160 years from our offices in Liverpool, Chester and Wrexham, and we are here to make sure you are never left facing it alone.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

What Is Probate And When Is It Needed?

Probate refers to the legal process of administering a deceased person’s estate. When someone dies, their assets, property, and financial affairs cannot simply be transferred or dealt with by family members without formal authority. A grant of representation is the official document issued by the Probate Registry that gives the appointed individual the legal authority to manage and distribute the estate.

Not every estate requires a grant. Smaller estates, jointly held assets that pass automatically to a surviving owner, and certain types of accounts can sometimes be handled without going through the Probate Registry. However, most estates of any meaningful size, particularly where property or significant investments are involved, will require a formal grant before banks and financial institutions release funds or before property can be transferred or sold. If you are unsure whether a grant is needed in your particular circumstances, we can review the estate, and give you a clear answer quickly.

Grant Of Probate Or Letters Of Administration?

The type of grant required depends on whether the deceased left a valid will. Where there is a will, and named executors are able and willing to act, the grant issued is called a Grant of Probate. Where there is no will, the appropriate document is Letters of Administration.

The distinction determines who has legal authority over the estate and the order of priority for those entitled to apply to administer it. Our solicitors can advise on which type of grant applies to the estate you are dealing with, and we can help with the probate process from start to finish.

“Enquiry was handled very well. I will contact Bartletts with future needs.”

Mr Martin

Valuing The Estate

Before any probate application reaches the Probate Registry, the estate must be valued accurately as at the date of death. This includes all assets, property, investments, bank accounts, personal possessions, and any gifts made within the seven years prior to death. It also means identifying and accounting for any outstanding debts, mortgages, or liabilities.

The figures provided in the probate application are also the figures used to assess whether Inheritance Tax is payable, and errors or omissions at this stage can cause serious delays or result in underpayment of tax, which carries significant financial consequences.

Inheritance Tax And The IHT400

Where an estate is not classed as an ‘excepted estate’, an Inheritance Tax account in the form of the IHT400 must be submitted to HMRC before the probate application can proceed. This form requires a detailed account of the estate’s assets, any applicable reliefs and exemptions, and a calculation of the tax due. Since January 2024, HMRC no longer issues a separate IHT421 form to accompany the grant application. Instead, once HMRC has processed the IHT400, they issue a unique code directly to the personal representatives or their solicitor, and that code is required before the Probate Registry will proceed.

If Inheritance Tax is due, payment must usually be arranged before the grant is issued. For assets such as property, instalment arrangements are available, but these need to be set up correctly. Our team regularly assists executors and administrators with preparing IHT400s, ensuring that all available reliefs, including the Residence Nil Rate Band and business or agricultural property reliefs, are properly identified and claimed.

Making The Probate Application

Once the estate has been valued and any Inheritance Tax matters addressed, the probate application itself can be submitted. A court fee is payable on submission, currently set at a flat rate for estates above a threshold value. Once submitted, the probate application is reviewed by the Probate Registry and, if approved, the grant of representation is issued. Processing times can vary, and more complex estates or those with multiple executors can take longer.

We can help with the preparation, review, and submission of the entire application, including drafting the legal statement that forms a central part of the process.

Administering The Estate After Grant

Receiving the grant is not the end of the process. Once issued, the grant gives the executor or administrator the authority to collect in assets, settle outstanding debts, deal with property, and ultimately distribute the estate to the beneficiaries in accordance with the will or the intestacy rules. There are strict duties that personal representatives must observe throughout this period, including keeping accurate accounts, paying creditors in the correct order, and ensuring that the estate is not distributed prematurely.

Our solicitors can guide you through the entire administration process, not just the grant application, giving you peace of mind that you are handling the estate properly and meeting your legal responsibilities as personal representatives.

Get In Touch

Whether you are an executor named in a will and are unsure where to start, an administrator dealing with an intestate estate, or a beneficiary who has concerns about how an estate is being managed, we are here to help. We provide a friendly, jargon-free service with a human touch, and we can provide as much or as little assistance as you need.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

When Is Probate Required?

The question ‘When is probate required? comes up in nearly every conversation we have with families dealing with a bereavement. The answer is more nuanced than many expect. Whether probate is needed depends on the type of assets left behind, how those assets were held, and the value of the estate. Getting clarity on this early prevents unnecessary delays and, in some cases, avoids the cost and time of a full probate application altogether.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

What Probate Means

Probate is the process by which a deceased person’s estate is legally administered. Where the person left a valid will, the executor named in it must apply to the Probate Registry for a Grant of Probate. This document is a formal court order confirming that the executor has the legal authority to collect assets, pay debts, and distribute what remains to the beneficiaries named in the will.

Where a person dies without a will, the estate passes under the intestacy rules. In this case, the appropriate person applies for Letters of Administration rather than a Grant of Probate, though the practical effect is the same. Without one of these documents, many financial institutions and the Land Registry may refuse to deal with you.

We can help executors and administrators understand their duties and guide them through the probate application from start to finish.

“Enquiry was handled very well. I will contact Bartletts with future needs.”

Mr Martin

Property

Probate is always required when the deceased person owned property in their sole name. Whether it is a family home, a buy-to-let investment, or a piece of land, the Land Registry requires a Grant of Probate or Letters of Administration before it will register any change of ownership. There are no exceptions based on property value alone.

The rules are different where property is jointly owned. If the co-owners held the property as joint tenants, the survivor inherits automatically through what is known as the right of survivorship. No Grant is required; the Land Registry simply needs a copy of the death certificate to update the register. The position is quite different where the property was held as tenants in common. Each owner held a separate, defined share, and that share passes through the deceased’s estate, meaning probate will be required to deal with it.

We can check the Land Registry title and advise you on whether probate is needed before you proceed with any sale or transfer.

Bank Accounts And Investments

There is no single rule that governs when banks require probate. Each financial institution sets its own threshold, and those thresholds vary considerably across providers. Some will only release funds without a grant where the balance falls below £5,000, while others will do so on estates up to £50,000. For accounts exceeding those limits, institutions will almost always insist on seeing a Grant of Probate or Letters of Administration before releasing anything.

The same principles apply to investment accounts, ISAs, and shareholdings held in the deceased’s sole name. Jointly held accounts generally pass to the surviving account holder on production of the death certificate, with no Grant required. Each provider operates different policies, so it is important to contact each institution individually to confirm their specific requirements.

We can liaise with banks and financial institutions on your behalf, establishing exactly what each one requires and managing those conversations, so you do not have to.

Assets That Fall Outside Probate

Not all assets form part of the estate for probate purposes. Pensions are a notable example. Death benefits are paid at the discretion of the pension scheme trustees, usually in line with a nomination of beneficiary form completed by the deceased during their lifetime. The Grant of Probate is not required for those funds to be released.

Life insurance policies can also sit outside the estate where they are written in trust. In that case, the payout passes directly to the named beneficiaries without going through the probate process at all. Where a policy is not held in trust, however, the proceeds fall into the estate and probate may be required before those funds can be dealt with.

Assets held in a formal trust structure are treated separately again. They belong to the trust rather than the deceased as an individual, and the Grant of Probate has no bearing on them.

We can advise on how specific assets in an estate will be treated and whether they need to go through probate or can be dealt with more directly.

How We Can Help

Bartlett’s has been helping families across Liverpool, Chester, Wrexham, and around the UK with wills, probate, and estate administration for over 160 years. Our solicitors take a professional yet compassionate approach and will always explain your position in plain language. If you need to establish whether probate applies to your circumstances or want support managing an estate from start to finish, our expert team is ready and waiting to help.

To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.

“Hi Martin. Just like to say. Your customer conduct and manner have been impeccable all the way through the case .You have kept myself informed all of the way. Everything you said you were going to do you did with professionalism. I would not hesitate to you your services again. Once again. Thank you. “

Mr Johnstone

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