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.
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 right to deal with the estate of a person who has died. Practically, it is the point at which 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 are common.
Probate is also not always needed; some estates can be dealt with informally, depending on what assets exist and how they are owned. We explain this in further detail below.
Do You Always Need Probate?
No. 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. Assets held jointly, such as property and joint bank accounts, may pass to the surviving co-owner. Many financial institutions will agree to release money held in accounts when the amount is below a certain threshold, although those thresholds vary significantly.
The Probate Process: Step By Step
While every estate is different, most probate matters follow a similar sequence, as follows.
1. Register The Death And Locate The Will
You will need to obtain the death certificate, and you should identify whether there is a will and who is appointed as an executor. If there is a will, confirm it is the latest version and check for any codicils.
2. Value The Estate
Before applying for probate, you must 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, and you cannot apply for probate until you have done so. You normally have to start paying IHT before the grant 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 is issued, you can send it to asset holders to close accounts, cash in investments, transfer or sell property, and gather funds into an executor or administrator account. You must then clear estate debts and administration expenses, prepare estate accounts, and finally distribute to the beneficiaries.
When To 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
What Happens If A Dispute Arises?
Unsurprisingly, will disputes are sadly all-too-common. 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 need careful handling, involving, as they do, important personal relationships. Will disputes can escalate quickly, and 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 facing questions about the estate, or a beneficiary concerned that the estate is not being administered properly, our wills and probate team is ideally placed to assist and advise. We have the experience to guide you through the 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.
