If you have recently lost someone close to you, you may have heard the word probate mentioned and wondered what it actually involves. More specifically, you might be asking ‘what does a probate solicitor do?’, and wondering whether you actually need one.
The short answer is that a probate solicitor manages the legal process of dealing with a deceased person’s estate, and depending on the complexity of what has been left behind, their involvement can make a very significant difference to how smoothly things are resolved.
To speak to our experts, please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
What Does A Probate Solicitor Do?
When someone dies, their assets do not generally simply pass to the people named in the will. There is a formal legal process to go through first. A grant of probate, or letters of administration where there is no will, must be obtained from the Probate Registry before most financial institutions will release funds or allow property to be transferred. A probate solicitor handles that process, along with everything that follows it.
The role covers far more than filling in forms. We manage the full administration of an estate from beginning to end, dealing with financial institutions, HMRC, the Probate Registry, and beneficiaries on behalf of executors and administrators. That includes gathering information, calculating any tax due, applying for the grant, and then collecting and distributing the assets.
Just a few examples of what a probate solicitor does on behalf of clients are as follows:
• Valuing The Estate
One of the first things a probate solicitor does is establish what the estate is actually worth. This means contacting banks, building societies, investment providers, and pension trustees to obtain final valuations. It also involves identifying liabilities, including any outstanding mortgage, loans, credit cards, or other debts. Where the estate includes property, vehicles, jewellery, or other valuable items, appropriate valuations will need to be obtained.
Getting the valuation right matters because it determines whether inheritance tax is payable. We can help make sure that the right figures go to HMRC and that nothing is missed, which protects both the estate and the executor personally.
• Inheritance Tax
For many families, inheritance tax is one of the most concerning and least understood parts of the process. The rules around what is taxable, what exemptions apply, and what reliefs might be available are genuinely complex. A probate solicitor assesses the estate against the current thresholds, including the residence nil rate band where relevant, calculates any liability, and completes the required HMRC forms. Where inheritance tax is payable, the grant cannot be issued until at least some of it has been paid, so handling this stage correctly and promptly is important.
We can advise on whether any steps might be taken to reduce the inheritance tax burden, and ensure that all available reliefs are claimed.
• Applying For The Grant
Once the inheritance tax position has been dealt with, we prepare and submit the probate application to the Probate Registry. This includes preparing the legal statement, confirming the validity of the will where there is one, and paying the application fee. The Probate Registry then issues the grant, which is the document that gives the executor their legal authority to act.
Where there is no valid will, we advise on who is entitled to apply for letters of administration under the intestacy rules, which can sometimes be less obvious than families expect, particularly where unmarried partners, estranged relatives, or blended families are involved.
• Protecting The Estate From Unknown Claims
A step that is often overlooked by those handling probate without professional advice is placing statutory notices in the London Gazette and local newspapers. These notices invite any unknown creditors or beneficiaries to come forward before the estate is distributed. If distributions are made without taking this precaution and a creditor later appears, the executor can be personally liable for any shortfall. We advise on whether statutory notices are appropriate and handle the process where they are needed.
• Collecting Assets And Settling Debts
Once the grant has been issued, we send certified copies to all relevant financial institutions. Banks, investment platforms and insurers then release funds to the estate. At this stage, all debts and liabilities are settled, including any final utility bills, outstanding taxes, and professional fees. Where property forms part of the estate, we can assist with its sale or transfer to a beneficiary.
• Estate Accounts And Distribution
Before any money reaches the beneficiaries, we prepare a full set of estate accounts. These set out every asset and liability, all income received and expenses incurred during the administration period, and the final balance available for distribution.
We then arrange payment or transfer of assets to each beneficiary and obtain formal receipts. This brings the administration to a close and gives the executor a clear record showing that everything has been properly dealt with.
What Does A Probate Solicitor Do When An Estate Is Particularly Complex?
Not all estates are straightforward. Where a will is being challenged, where there are concerns about the validity of the will, or where family members are in dispute about how the estate should be handled, a probate solicitor plays a particularly important role. We can advise executors on their legal duties, help navigate difficult family situations and, where necessary, act in contentious probate proceedings.
We also deal with estates that include business interests, overseas assets, assets held in trust or complex share portfolios. These situations require careful handling and specialist knowledge to avoid costly errors.
How We Can Help
At Bartletts, our wills, trusts, and probate team has extensive experience helping families through what can be one of the most difficult and demanding periods they will face. We can take on the full administration of an estate so that executors do not have to manage the process themselves, or we can provide guidance and support at specific stages if that is what is needed.
We are transparent about costs from the outset, and we work at a pace that suits you and the estate. If you would like to speak to someone about a probate matter, our teams in Liverpool, Chester, and Wrexham are here to help. Please get in touch and we will take it from there.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
