How does probate work?

Whether you have recently lost a loved one or been named as an executor on someone’s Will, it’s important to understand how probate works. This complicated process involves the management of a deceased’s estate, including the payment of taxes and debts, and the distribution of someone’s assets. We explain the purpose of probate to give you more clarity.

What is probate in simple terms?

In the UK, probate is the legal process of dealing with a person’s money, property, and possessions after they die, known as their “estate”. It gives someone (often a family member or friend) the legal right to access and distribute the deceased person’s assets. The purpose of probate is to ensure the heirs of the estate (or “beneficiaries”) get their rightful inheritance. It also ensures any outstanding debts and inheritance tax are duly paid.

The Courts grant this right through a legal document known as a “Grant of Probate” (if there’s a Will) or “Letters of Administration” (if there isn’t a Will). When someone dies without a Will, this is known as being “intestate”. In this instance, the deceased person’s assets would be managed according to the “rules of intestacy”. For more information, please read our blog, What happens if you don’t make a Will? 

How do you apply for probate?

When a person dies, their death needs to be registered. This enables the executors (or closest living relatives) to obtain a death certificate, which is needed for a probate application. You will need to identify what the person owned and any debts they had to get an estate valuation. You will then need to work out if there is any Inheritance Tax to pay and report it to HMRC. If there’s a Will, you would then apply for probate.

• When there’s a Will - the person named as the “executor” deals with probate.

• When there isn’t a Will - the closest family member will need to apply, and they will be named as the “administrator”.

Whether there’s a Will or not, you can ask a solicitor to help you apply for probate. There are specific probate forms and documents, and you will need to include the person’s Will. Once there’s a Grant of Probate, the executors can collect money, property, and other assets, pay any debts or bills, and then share out what’s left to the people entitled to inherit. If there isn’t a Will, then Letters of Administration will be issued, and the rules of intestacy will be applied.

The probate process differs in Scotland and Northern Ireland when compared to England and Wales. For more detailed information on each step, please read our blog, What is the probate process in the UK?

Common probate questions

Do you need to apply probate if there’s a Will?

Probate is usually needed when someone owned significant assets, such as a house or they had large savings. In some instances, when there are only small amount of assets or they are jointly owned, probate might not be necessary.

How long does probate usually take?

Probate can take several months to a year, depending on the estate’s complexity. However, this important process ensures things are handled properly, debts and taxes are paid, and what’s left goes to the right people. It can also take several months after a Grant of Probate has been received to distribute the estate assets. 

Who is responsible for managing the deceased’s estate?

Once probate has been granted, the executors or administrators are responsible for paying off any debts and taxes connected to the deceased’s estate. They would then distribute what’s left to any beneficiaries named in the Will. When there’s no Will, then the rules of intestacy would dictate who inherits from the remaining estate assets.

Experienced probate solicitors in Leicester

Losing a loved one can be a traumatic experience without trying to manage probate too. The probate process can be complicated, depending on the deceased’s personal situation. Instead of trying to navigate such complexities while you are still grieving, use a specialist probate solicitor for your peace of mind.

At Salusbury, Harding & Barlow, we have a highly experienced Wills, Trusts and Probate team who can help you apply for probate. Our caring and sympathetic solicitors will explain how it all works, and we can manage the entire probate process on your behalf.

If you need probate advice or support, please get in touch or email: lbacon@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment.