What happens as part of the Probate process?
Losing a loved one is never easy, and dealing with the legal and financial administration of their estate can add further stress during an already difficult time. One of the most important steps in administering an estate is applying for probate.
If you have been named as an executor in a will, you may be wondering what happens next, how long the process takes, and whether you need professional support. In this guide, our London based probate solicitors explain what is involved in a probate application and how legal advice can help simplify the process.
What is Probate?
Probate is the legal process of administering a person’s estate after they have died. If the deceased left a valid will, the executor named in the will usually applies for a Grant of Probate. This legal document provides the authority to deal with the deceased’s assets, settle debts, and distribute the estate to beneficiaries.
In cases where there is no will, different rules apply and an eligible family member may need to apply to become the estate administrator.
Applying for probate – what happens as part of the process?
The probate process can vary depending on the size and complexity of the estate, but it typically includes the following steps:
Establishing the value of the estate
The first stage is identifying and valuing all assets and liabilities. This may include:
- Bank and savings accounts
- Property
- Investments and shares
- Personal possessions
- Outstanding debts and liabilities
Accurate valuations are essential, particularly where inheritance tax may be payable.
Reviewing the will
The executor must review the will to understand the deceased’s wishes and identify the beneficiaries who are entitled to inherit from the estate.
Inheritance Tax reporting
Before probate can be granted, any necessary inheritance tax forms must be completed and submitted to HMRC. Depending on the estate’s value, inheritance tax may need to be paid before the application can proceed. Blake-Turner’s probate team can assist with inheritance tax forms and HMRC correspondence.
Applying for the Grant of Probate
Once the estate information has been gathered and the necessary tax reporting completed, an application is submitted to the Probate Registry.
When approved, the Grant of Probate gives the executor the legal authority to manage the estate.
Collecting assets and settling liabilities
After probate has been granted, the executor can collect funds from banks and financial institutions, encash investments, and arrange the sale or transfer of property where necessary.
Outstanding debts, liabilities, and expenses must also be paid before any distributions are made.
Distributing the Estate
The final stage involves preparing estate accounts and distributing assets to beneficiaries in accordance with the will.
Do I need a Solicitor to help with Probate?
Many people ask whether they need professional assistance when applying for probate.
In some straightforward cases, executors may choose to handle the process themselves. However, probate can quickly become complex where:
- There are multiple beneficiaries
- The estate includes property investments
- Inheritance tax is payable
- There are foreign assets
- The will is disputed
- The deceased owned shares or business interests
A probate solicitor can help ensure the process is completed correctly, minimise delays, deal with HMRC and financial institutions, and reduce the administrative burden on executors during a difficult time.
At Blake-Turner, we provide practical and tailored probate support, from obtaining the Grant of Probate through to the collection and distribution of estate assets.
How long does Probate take?
The length of the probate process depends on the complexity of the estate and whether inheritance tax issues arise.
Simple estates may be resolved within a few months, while larger or more complex estates can take significantly longer. Delays can also occur if asset valuations are incomplete or further information is required by HMRC or the Probate Registry.
Seeking professional advice early can often help avoid unnecessary delays.
Speak to our Probate Solicitors in London
If you are applying for probate or have been appointed as an executor, Blake-Turner’s experienced probate solicitors in London can guide you through every stage of the process.
We provide clear, practical advice to help ensure estates are administered efficiently and in accordance with the law, allowing you to focus on what matters most during a difficult time.
Contact our team here at Blake-Turner if you wish to speak to one of our Probate lawyers today.
Frequently asked questions – Probate
Do I always need probate when someone dies?
No. Probate is not always required, particularly where assets are owned jointly or the estate is small. Financial institutions will determine whether probate is needed before releasing funds.
Can I apply for probate myself?
Yes, you can apply without a solicitor. However, many executors seek legal support where the estate is complex or inheritance tax issues arise.
What happens if there is no will?
If someone dies without a valid will, the estate is administered under the rules of intestacy. A family member will usually need to apply for Letters of Administration.
How much does probate cost?
Costs vary depending on the complexity of the estate, professional fees, court fees, and any third-party expenses involved.
What does a probate solicitor do?
A probate solicitor can assist with valuing the estate, preparing inheritance tax forms, applying for probate, dealing with HMRC, collecting assets, settling liabilities, and distributing the estate to beneficiaries.
If you would like to speak to a member of the Blake Turner Team regarding probate, please contact us today.