Probate is a term many people encounter after the death of a loved one, yet it is often poorly understood. At AFG Law, we regularly support clients across England and Wales with Probate and estate administration, providing clear, expert legal advice at what is often a difficult and emotional time. Many people feel unsure about their responsibilities or where to begin, particularly when legal and financial matters overlap with bereavement.
AFG Law answers our most frequently asked questions on this subject, breaking down some of the more complex issues to help our clients understand what Probate involves, when it is required, and how the process works in practice.
What is Probate?
Probate is the legal process of dealing with a person’s estate after they have died. The estate includes everything the person who died owned at the time of death, such as property, savings, investments and personal belongings, as well as any outstanding debts or financial obligations.
The purpose is to give legal authority to a personal representative to administer the estate. This authority allows them to collect assets, settle liabilities and distribute assets to beneficiaries. It also ensures that the estate is dealt with in accordance with the law, either under the terms of a Will or, where there is no Will, under the rules of intestacy. Without Probate, financial institutions and organisations may refuse to release funds or allow property to be transferred.
What is a Grant of Probate?
A Grant of Probate is a legal document issued by the Probate Registry. It confirms the authority of the Executor named in a valid Will to administer the estate and act on behalf of the person who died. This document is often required before banks, building societies and other organisations will release funds or assets.
If there is no Will, the equivalent document is called Letters of Administration. In this situation, the estate is administered under the rules of intestacy and the person appointed is known as the Administrator. Both documents give the personal representative the legal authority to manage the estate, deal with financial institutions and distribute the estate to those entitled.
When is Probate Needed?
Probate is generally needed when formal legal authority is required to administer the estate. This often arises where property needs to be sold or transferred, investments accessed, or inheritance tax accounted for before assets can be released.
Requirements vary depending on the complexity of the estate, how assets are owned and whether tax is payable. For example, estates involving property, significant savings or multiple beneficiaries are more likely to require Probate. Seeking early legal advice can help avoid delays, reduce stress and ensure the estate is dealt with correctly from the outset.
Do You Need Probate If There is a Will?
Not every estate requires Probate, even where there is a valid Will. Whether or not it is needed depends largely on the type, value and ownership of the assets involved.
It is usually required if the estate includes property held solely in the deceased’s name, substantial bank balances or investments, or where financial institutions insist on seeing a Grant of Probate before releasing funds.
However, Probate may not be required for smaller estates or where assets were owned jointly and pass automatically to a surviving owner. A probate solicitor at AFG Law can review the estate and advise whether the process is required in your specific circumstances.
How Long Does Probate Take?
A common question we are asked is how long does probate take. While there is no fixed timeframe, most estates follow a similar pattern.
On average, obtaining Probate takes between 8 and 16 weeks from submitting the application to the Probate Registry, provided there are no complications or errors. However, the full process, including estate administration and distributing the estate, often takes between 6 and 12 months.
The overall timeframe can be affected by several factors, including the complexity of the estate, delays at the Probate Registry, whether inheritance tax needs to be paid, and any disputes between beneficiaries or third parties.
What is the Probate Process?
The probate process refers to the full process of administering the estate once Probate has been granted. It involves a number of legal and financial steps that must be completed in the correct order.
This includes collecting assets, closing accounts, selling or transferring property, paying debts and expenses, paying inheritance tax where required, and distributing the estate to beneficiaries. The personal representative has a legal duty to administer the estate properly, keep accurate records and act in the best interests of those entitled to inherit.
Who Can Apply for Probate?
If there is a Will, the Executor named in the Will can apply for a Grant of Probate. Executors are chosen by the person who died and are responsible for carrying out their wishes.
If there is no Will, the estate is dealt with under the rules of intestacy. These rules determine who may apply for Letters of Administration, usually starting with a spouse or civil partner, followed by children or other close relatives. The successful applicant becomes the personal representative and takes on responsibility for administering the estate.
How to Apply for Probate
Applying for Probate involves several key steps and requires careful preparation. These include:
- Registering the death and obtaining the death certificate
- Identifying whether there is a valid Will
- Valuing the estate’s assets and liabilities
- Reporting the estate to HMRC and paying any inheritance tax due
- Submitting the application to the Probate Registry
You can apply for a Grant of Probate yourself, but many people choose to instruct a solicitor to handle the process. At AFG Law, we regularly assist clients with obtaining Probate and preparing all required legal documents accurately to reduce delays and errors.
How Much Does Probate Cost?
Probate costs vary depending on how the estate is administered and the level of support required. Simple estates are generally less expensive to administer than larger or more complex ones.
Costs may include Probate Registry fees, inheritance tax, valuation fees and solicitor fees. At AFG Law, we offer fixed fee Probate services where appropriate, providing clarity and transparency from the outset.
Understanding the costs early can help you plan effectively, manage expectations and avoid unexpected expenses later in the process.
Do You Have to Pay Inheritance Tax Before Probate?
In many cases, inheritance tax must be paid, or arrangements made to pay it, before Probate is granted. Whether tax is payable depends on the value of the estate and the available exemptions or reliefs.
Our solicitors can advise on how to pay inheritance tax, whether instalment options are available, and whether the estate qualifies for allowances that may reduce the amount payable.
What is Estate Administration?
Estate administration is the overall process of managing a deceased person’s estate, from the initial Probate application through to distributing the estate and preparing final accounts. It involves both legal and financial responsibilities and must be handled carefully to avoid errors, delays or disputes between beneficiaries.
Can Probate Be Done Without a Solicitor?
While it is possible to administer the estate without professional help, Probate can be time-consuming and complex, particularly where property, tax or multiple beneficiaries are involved. Errors can lead to delays, financial loss or personal liability.
Many clients choose AFG Law for expert legal support, particularly where the estate is taxable, involves property or has a higher level of complexity.
How AFG Law Can Assist
AFG Law has a dedicated Private Client team with extensive experience in Probate and estate administration. Our solicitors support clients across England and Wales, with offices based in Bolton and Bury and the ability to work remotely where appropriate.
We can assist with every stage of the process, including advising on probate requirements, preparing and submitting the application, obtaining the Grant of Probate or Letters of Administration, dealing with inheritance tax, administering the estate and ensuring assets are distributed correctly.
We offer tailored advice based on your individual circumstances and, where possible, fixed fee services to give you certainty and peace of mind. Our aim is to make the process as straightforward and stress-free as possible while ensuring full compliance with the law.