FAQs

Probate is the legal process of dealing with someone's money, property and possessions after they die. A Grant of Probate is usually needed before banks will release significant funds or a property or investments can be sold, though small estates or assets held jointly may not require one. Whether probate is needed depends on what the person owned and how it was held.

Both are legal documents giving someone authority to administer an estate. A Grant of Probate is issued where there's a valid will, and goes to the executors named in it. Letters of Administration are issued where there's no will, or no executor able to act, usually to close relatives. The practical process of administering the estate is broadly the same under either.

When someone dies without a will, their estate is shared out under the intestacy rules, which set a strict order of who inherits, starting with a spouse or civil partner and children. Unmarried partners and stepchildren don't inherit under these rules, regardless of how long the relationship lasted, which can produce results the person never intended. The next of kin will usually need to apply for Letters of Administration to deal with the estate.

For a straightforward estate, obtaining the grant typically takes a few months, and fully administering the estate, including collecting assets, paying any Inheritance Tax and debts, and distributing to beneficiaries, often takes six to twelve months in total. More complex estates, such as those involving property sales, trusts or disputes, can take longer. We'll give you a realistic timescale at the outset.

No, executors can handle probate themselves, but many choose professional help because the responsibility is significant: executors are personally liable for mistakes, including errors in Inheritance Tax or misinterpreting the terms of the will. We can help as much or as little as you need. If you'd like to do some of the work yourself to keep costs down, we'll guide you on the forms and process; alternatively, we can take the whole burden from you.