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.
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.
