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.

Obtaining a Grant of Probate usually takes 4 to 8 weeks from the date of application. However, the full administration of an estate, including collecting in assets, paying debts, and distributing inheritance, can take six to twelve months, depending on complexity.

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 someone dies without a valid Will, they are said to have died intestate. In this case, the estate is distributed under the rules of intestacy, and a close family member – usually a spouse or adult child – can apply for Letters of Administration instead of probate.