Probate

What is Probate?

Probate is the legal process of administering a deceased person's estate — validating their Will (if one exists), settling any debts and taxes owed, and distributing what remains to the beneficiaries. It is managed by the Executor named in the Will, or by an Administrator appointed by the court where there is no Will. Not every estate requires Probate, but it is almost always needed where the deceased owned property or held significant assets in their sole name.

The Probate Process, Step by Step

Locate the will (if one exists) and identify Executor(s)

Value the estate assets and liabilities

Calculate and report IHT if applicable

Registration of the death

Apply for the Grant of of Probate (or letters of administration if no will is present.

Collect assets, close accounts, sell or transfer property, settle taxes, costs and expenses.

Distribute the estate to beneficiaries.

What happens during Probate?

Our key summary .

The Probate Process, Step by Step

Locate the will (if one exists) and identify Executor(s)

Value the estate assets and liabilities

Calculate and report IHT if applicable

Registration of the death

Apply for the Grant of of Probate (or letters of administration if no will is present.

Collect assets, close accounts, sell or transfer property, settle taxes, costs and expenses.

Distribute the estate to beneficiaries.

Who deals with
Probate?

If there is a Will, the named Executor(s) are the individual(s) that administer your wishes as per the detail in the Will itself. The executors take the estate through the process of probate They are guided and determined by what is present in the document, along with any supporting documents provided by the deceased.

They have a legal obligation to adhere to the guidance set out in the Will and to complete the probate process within the framework of the law.

Who deals with Probate?

Some more modest estates do not require probate. However it is best to seek clarity before proceeding.

Probate FAQ's

I have a Trust, do I need probate?

Depending on the type of Trust, it's possible that no probate will be required. Lifetime Trusts provide the framework and legal basis for property to exchange hands from the settlor to its trustees and onto beneficiaries.

Do you need a solicitor for Probate?

No, you do not need a solicitor for probate. However, for more complex estates or for more complex families, it could certainly be advantageous to bring on specialised support. If you are in full time work, taking on Probate can prove a lot to handle. Solicitors can take some of the burden from you, albeit for a fee.

Can I pay in advance for Probate?

Yes, you can. However, be warned as pre-paid probate plans are not regulated. The provider may become insolvent between the time of agreeing to the work and the time of death. In this case you have little to no recourse, the money you paid will likely be lost. There are no industry compensation schemes available presently.

Probate FAQ's

I have a Trust, do I need probate?

Your estate is the entirety of your assets, cash and possessions. Whatever they are, wherever they are. It's possible you could have estates in multiple countries, if you own a home overseas, you will have one "Estate" here and anoter in the country where the overseas home resides.

Who can be my Executor?

Techincally anyone over the age of 18, of sound mind. Executors can also be beneficiaries. Good guidance would say that an executor should be a trustworthy, capable person who will be able to deal with the process of probate and distribution of assets, all whilst under the pressure of grief from losing a loved one.

I'm married or in a Civil Partnership, do I even need a will?

Yes, whilst marriage offers some great benefits when dealing with estates passing on death, it does not take into account various factors unless a will has been made to decide them. If both you and your partner die together, what happens then? Your will should decide, rather than leaving it to the law of intestacy.

What are the alternatives to Probate?

Can assets be passed another way?

Gifting to your loved ones whilst you're still here is an easy and potentially tax efficient route to mitigate the impact of both probate and IHT

Lifetime Gifting

Property Trusts

Lifetime Gifting

Placing the family home in trust avoids the requirement for Probate on the home entirely. Instead, the Trust sets out the beneficiaries and terms and handles the transfer.
Tax may still be due.

Gifting to your loved ones whilst you're still here is an easy and potentially tax efficient route to mitigate the impact of both probate and IHT

Placing the family home in trust avoids the requirement for Probate on the home entirely. Instead, the Trust sets out the beneficiaries and terms and handles the transfer.
Tax may still be due.

Property Trusts

What does Probate cost?

Typical Price Ranges

DIY Probate

£273+

Dealing with probate yourself can be a great way to reduce the administration costs on the estate.

Probate registry fee is a flat £273.00

However, do not be under any illusion that this will be a few forms and a couple of phone calls. The probate process involves material work, communication and liability if done poorly. Tread carefully.

Solicitor directed Probate

1-3% of Estate Value

Depending on the firm, typical fees in this space range from 1% - 3% for high street solicitors.

Estate planning specialised firms will offer reduced rates as they have ready made teams who can handle higher volumes of work.

Pre-paid Probate

£1,500 - £5,000+

Rates vary wildly from firm to firm.
Ensure there is a contract for services that the firm are offering in exchange for your money.

Rates vary wildly from firm to firm.
Ensure there is a contract for services that the firm are offering in exchange for your money.

Find out what precautions have been taken when assessing ongoing probate work in the event of insolvency or closure of the firm.

Probate

What is Probate?

The Probate Process, Step by Step

What happens during Probate?

What happens during Probate?

The Probate Process, Step by Step

Who deals with
Probate?

Who deals with Probate?

Probate FAQ's

Probate FAQ's

What are the alternatives to Probate?

Can assets be passed another way?

Lifetime Gifting

Property Trusts

Property Trusts

Lifetime Gifting

Lifetime Gifting

Placing the family home in trust avoids the requirement for Probate on the home entirely. Instead, the Trust sets out the beneficiaries and terms and handles the transfer.
Tax may still be due.

Gifting to your loved ones whilst you're still here is an easy and potentially tax efficient route to mitigate the impact of both probate and IHT

Property Trusts

What does Probate cost?

Typical Price Ranges

Speak to an advisor about your Probate today

Speak to an advisor about your Probate today

Probate

What is Probate?

The Probate Process, Step by Step

What happens during Probate?

What happens during Probate?

The Probate Process, Step by Step

Who deals with Probate?

Who deals with Probate?

Probate FAQ's

Probate FAQ's

What are the alternatives to Probate?

Can assets be passed another way?

Lifetime Gifting

Property Trusts

Property Trusts

Lifetime Gifting

Lifetime Gifting

Placing the family home in trust avoids the requirement for Probate on the home entirely. Instead, the Trust sets out the beneficiaries and terms and handles the transfer. Tax may still be due.

Gifting to your loved ones whilst you're still here is an easy and potentially tax efficient route to mitigate the impact of both probate and IHT

Property Trusts

What does Probate cost?

Typical Price Ranges

Speak to an advisor about your Probate today

Speak to an advisor about your Probate today

Who deals with
Probate?

Placing the family home in trust avoids the requirement for Probate on the home entirely. Instead, the Trust sets out the beneficiaries and terms and handles the transfer.
Tax may still be due.