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.
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.
