• Home
• History
• Philosophy
• Team
• Contact Us

Probate Overview

Whether you have a will or not, when you die your estate will be subject to the laws of probate. It is a complex subject, but at its most basic ensures the debts you owe are paid, and that your assets are transferred to your beneficiaries. This article explores the process of probate in more detail, providing an overview of what you need to know.

Administration of an Estate

Probate is the legal process in which your estate is correctly administered after you die. In practice, this means that when a person passes away, those named in their will as Executors are left with the responsibility of organising and managing the deceased’s possessions. This is known technically as ‘Estate Administration’. If there is no will, or an Executor has either not been appointed or refuses to act, then an Administrator is selected to fulfil the necessary duties.

When a person dies, the Probate Court will require: the original will (if possible), an Oath signed by the Executors, and if necessary a receipt from Inland Revenue stating inheritance tax has been paid. After an interview has been conducted with the Executor(s), a Grant of Probate will then be issued (or a Grant of Letter of Administration if there is no will). This confirms the validity of the deceased’s will, and officially appoints an Executor or Administrator to deal with the administration of the estate. There can be up to four Executors or Administrators, which for the purpose of probate are called ‘Personal Representatives’.

The Personal Representative(s) must then apply to the district probate registrar for a Grant of Representation which confirms a Grant of Probate has been acquired, leaving them free to manage the estate.

However, a grant is not always necessary in the following cases:-

• If a home is held in joint names and is passing to the surviving joint owner;
• If the amount of money held by the deceased was small then some banks or financial institutions will release money without a grant;
• If a joint bank or building society account was held then some banks or financial institutions will transfer money upon presentation of a death certificate alone.

Duties of a Personal Representative

Apart from obtaining a Grant of Probate, a Personal Representative has 3 main responsibilities:-

1. Gather and Evaluate Assets of the Estate

This involves taking an inventory of everything the deceased owned, including bank accounts, shares, property, furniture and cars.

2. Pay Inheritance Tax

Inheritance tax depends upon the financial worth of the deceased’s assets, but if it applies then it often has to be paid before the Grant of Probate is issued. This can mean a personal representative has to borrow money, particularly if it must be paid in full.

3. Distribution of the Estate

This includes paying off outstanding debts and bills, as well as distributing possessions according to the wishes laid out in the will (or the rules of intestacy if there is no will).

How Long Does It Take?

Probate can be a long and complex process. On average, it takes around 6-9 months to complete. However, there are a number of factors that can slow it down, such as legal disputes, payment of inheritance tax, or the location of the deceased’s assets.

It is an area of law with many intricacies, so if you require more information on probate it is best to seek expert legal advice. A solicitor will be able to help you obtain a Grant of Probate, and guide you through the process from start to finish.

Contact Us About Probate?

For immediate assistance please call us on 0121 236 7388 or complete our Online Enquiry Form and we will be in touch with you.