Probate is the legal process of proving that a Will is valid and confirming the authority of the executors to deal with the deceased’s estate. It allows the executors to collect assets, pay debts and taxes, and distribute the estate to beneficiaries.

Probate is typically required when the deceased owned assets in their sole name, such as property, bank accounts, or investments. If all assets were jointly owned or of low value, probate may not be necessary, but it depends on the policies of the individual asset holders.

It’s recommended to review your Will every few years and update it whenever you experience a major life change, such as marriage, divorce, having children or grandchildren, or significant changes in your finances. Keeping your Will up to date ensures it still reflects your wishes and circumstances.

Only the executors named in the Will can apply for probate. If there is no Will, or if no executors are willing or able to act, the next of kin must apply for Letters of Administration instead.

You’ll need the original Will, the death certificate, details of the deceased’s assets and debts, and a completed inheritance tax return, even if no tax is due. These are submitted to the Probate Registry as part of the application.

If inheritance tax is due, part of it must usually be paid before the Grant of Probate is issued. HMRC requires payment on certain assets upfront, and this can affect how quickly probate can be obtained. We can advise you on the best way to manage this process.

You can apply for probate yourself, but it can be a complex and time-consuming process, especially for larger or taxable estates. Many people choose to instruct a solicitor to ensure the process is completed accurately and in line with legal requirements.

If you die without leaving a Will, your estate will be distributed according to the intestacy rules, which set out a strict order of who inherits – starting with your spouse or civil partner and close relatives. This may not reflect your wishes and can make the process longer and more stressful for your loved ones.