When someone passes away, their estate which consists of any property, money, and  personal possessions needs to be handled and distributed in accordance with their Will. If there is not a Will in place their estate will be distributed among their next of kin according to  set legal rules known as the intestacy rules. Whilst the process of dealing with an estate may feel overwhelming, especially during a period of grief,  in this blog I will explain what probate is, when it is required, and how I can assist as an expert in probate law to ensure everything is handled correctly and efficiently. 

What is Probate?

Probate is the name given to the legal process involved in handling a deceased person’s estate. There are various stages in the probate process which involve:

1.  Validating the Will/establishing entitlement under the intestacy rules: This means ensuring the Will left by the deceased is legally valid and a later Will is not in existence. Where the deceased did not make a Will, it is crucial to identify who are the surviving next of kin  and determine who is entitled to what under the intestacy rules. 

2. Establishing who are the Executor(s) or Administrator(s): The Executor(s)/Administrator(s) are the people responsible for handling the estate. If there is a Will an Executor(s) will be named in the Will. If there is no Will an Administrator(s) will usually be one or two of the people entitled to a share of the estate under the intestacy rules. 

3. Establishing the value of the Estate and identifying any debts: The Executor(s)/Administrator(s) will be required to  arrange valuations of all the assets at the date of death and establish the value of any debts taxes or other liabilities.

4.  Applying for Probate: This involves completing an application to the Probate Registry ( the court responsible for dealing with probate applications). If the estate is high in value typically in excess of £325,000, an account of the assets and liabilities may also be required to be submitted  to H M Revenue & Customs.

5. Paying any debts, taxes or liabilities: The Executor(s)/Administrator(s) will need to ensure these are paid from the estate funds.

6. Distributing the remaining assets: The Executor(s)/Administrator(s) last task will be to distribute the estate in accordance with the terms of the Will. If there is no Will in accordance with the intestacy rules. 

When is Probate Required?

1. Property or Land: If the deceased owned a house/flat or other land either in their sole name or a share of a property/land probate is usually required in order to sell or transfer legal ownership.

2. Savings and Investments: This is where things become a little more complicated! Most banks, building societies, National Savings and Investments and other financial institutions such as share registrars and life insurance companies (where policies are not written into trust) will not release funds unless they are provided with the probate document. The threshold for probate varies from one financial institution to another and typically range from £5,000-£50,000.

When is Probate Not Required? 

 1. Jointly owned assets: Assets jointly owned such as a house or bank account will usually pass to the surviving joint owner on death without the need for probate.

2. Small Estates: If the estate is small and typically under £50,000 (and does not include a house or land) and depending on the financial institution involved probate may not be required. 

3. Assets with nominated beneficiaries: Certain financial products such as life insurance policies and pensions allow you to nominate a named beneficiary to receive the funds on death. Where a beneficiary has been nominated, the proceeds are usually paid directly to that person, bypassing the need for probate. 

How I Can Help you with Probate?

I have over 25 years experience as a solicitor helping clients navigate the probate process. As such I can help assess whether probate is required. 

If probate is required I can offer ad hoc advice to the Executor(s)/Administrator(s), or alternatively assist with the completion of the probate application leaving the Executor(s)/Administrator(s) to deal with the closure of the accounts and distribution of funds to the beneficiaries on a fixed fee basis.  There is also the option to instruct me to deal with the estate in its entirety. 

By instructing me as your solicitor I can take care of the practical aspects of the administration of the estate. Probate can be a lengthy and stressful process, particularly for larger more complex estates where unfortunately disagreements can also arise. I can save you time, reduce stress and ensure the estate is handled in full whilst offering complete transparency in terms of legal fees.

As a self employed consultant solicitor you will work directly with me, leading to a more personalised service. I work flexibly offering appointments outside of standard office hours or on weekends to suit your schedule. In addition, as I am able to limit my caseload I am able to prioritise your case and progress your matter as quickly as possible. 

If you have any questions about the probate process and would like to arrange an initial meeting to discuss your particular circumstances please get in touch and I would be more than happy to help.