Probate and Estate Administration Solicitors

A Grant of Probate is a legal document issued by the court that gives the Executor of a will the authority to administer the estate of someone who has passed away, or the next of kin if there is no will.

With a Grant of Probate, the Executor has official permission to:

• Access the deceased person’s assets
• Pay any debts or taxes owed by the estate
• Distribute remaining assets to the beneficiaries as outlined in the will

It typically takes between 4 to 8 weeks for probate to be granted after an application is submitted. For more complex estates, it can take up to 6 months or longer for probate to be granted.

The time it takes for probate to be granted depends on:

• Errors in applications
• Missing documents
• The existence of a will
• Inheritance Tax (IHT) Return completion
• Size and complexity of the estate
• Court delays
• Will disputes

In the UK, probate is required when a person has passed away and their estate (property, money, possessions) needs to be managed and distributed. This is the case whether the deceased person has a will or not.

If someone dies without a will (known as dying intestate), their estate will be distributed according to the rules of intestacy:

1. Spouse or Civil Partner (with or without children): if the deceased was married or in a civil partnership at the time of death, the spouse/civil partner will inherit.
2. Children (if no spouse/civil partner): If there is a spouse/civil partner, the children will inherit the remaining part of the estate after the spouse’s share. If there is no spouse/civil partner, the children will inherit everything and divide it equally among them.
3. Parents: If there is no spouse/civil partner or children, the estate is inherited by the parents of the deceased.
4. Siblings: If the deceased has no spouse, children, or parents, the estate is inherited by the siblings of the deceased equally. If the siblings have passed away, their children (the deceased’s nieces/nephews) inherit their share.
5. Grandparents: If there are no surviving parents or siblings, the estate is inherited by the grandparents of the deceased, divided equally between the maternal and paternal sides.
6. Aunts & Uncles: If there are no grandparents, aunts and uncles will inherit the estate.
7. Distant Relatives: If the deceased has no direct family members surviving, the estate may pass to more distant relatives, such as cousins.

If the deceased has no surviving relatives and no will, the estate passes to the Crown, meaning the government inherits the estate.

You need probate if the deceased had assets (property, money, or investments) in their name and the estate is worth more than £5,000 (or if certain institutions require it).

If you are the Executor of the will or the next of kin, and there is no will, you must apply for the Grant of Probate through the Probate Registry. This involves submitting a copy of the will, a death certificate, and a probate application form. The estate must be valued, and the executor will need to submit a tax return if inheritance tax is owed.

Probate can be applied for online or on paper. However, the online application process is not appropriate in certain circumstances. For example, with more complex estates, where the value exceeds the IHT threshold or foreign aspects are included, for example, it’s easier for a person to make mistakes during the probate application process.

Solicitor advice and guidance are strongly advised when:

• The estate is large or more complex
• There are disputes among beneficiaries
• There are complicated assets
• You are unsure how to complete the forms and handle tax matters

The administrative burden of the probate process can easily become overwhelming at an already distressing time. With the guidance of one of our probate lawyers, you can focus on the things that matter most during the period of your loss.