For many people dealing with the death of a loved one, the term “probate” surfaces in conversations with solicitors, banks, or family members—but its meaning and implications are often unclear. In legal terms, probate is the process by which a person’s estate is formally administered after their death. If there is a valid will, it must usually go through probate before assets can be distributed.
At Blackstone Solicitors, we offer expert legal advice and guidance throughout probate proceedings for clients across England and Wales. Whether you’re an executor, beneficiary, or family member seeking clarity, understanding what probate involves is essential for ensuring a smooth and lawful distribution of an estate.
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For a free initial discussion on how we can help you deal with the legal implications of probate and administration of an estate, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What Is Probate?
Probate refers to the legal process of administering a deceased person’s estate. It includes:
- Validating the will (if one exists)
- Identifying and valuing assets
- Settling debts and liabilities
- Distributing remaining property to beneficiaries
Probate confirms the authority of those tasked with administering the estate—known as executors when a valid will exists, or administrators in cases of intestacy (where no will is present).
The grant issued to the executor is known as a grant of probate. This legal document affirms the executor’s right to access bank accounts, sell property, pay debts, and distribute assets per the terms of the will.
How Does Probate Relate to a Will?
When someone dies leaving a valid will, it typically names one or more executors—individuals chosen to carry out the wishes contained within that will. Before executors can act, they must often obtain probate.
The will acts as the blueprint for the distribution of the estate. Probate formalises it, ensuring the instructions in the will are followed correctly and lawfully.
Why Is Probate Necessary?
Probate is required to:
- Establish the will’s legal validity
- Provide proof of the executor’s authority
- Allow institutions (e.g. banks, HM Land Registry) to release assets
- Protect executors from personal liability when managing the estate
Without probate, executors may be unable to take control of the deceased’s assets or fulfil their duties under the will.
When Is Probate Required?
Probate is generally needed when:
- The estate includes property or land
- There are significant savings or investments
- The deceased owned assets solely in their name
It may not be needed if:
- All assets were jointly owned and pass automatically to the survivor
- The estate is very small and does not require formal administration
Each financial institution has its own threshold for releasing funds without probate. However, even if probate is not legally required, it may still be prudent to obtain it to avoid complications.
The Grant of Probate
The grant of probate is the legal confirmation issued by the Probate Registry. It provides executors with authority to manage the estate.
To apply for probate, executors must:
- Locate the original will
- Value the estate (assets and debts)
- Complete inheritance tax forms (even if no tax is due)
- Submit the application to the Probate Registry with relevant documents and fees
Once granted, the executor may:
- Collect funds from banks and building societies
- Sell or transfer property
- Pay debts, taxes, and funeral expenses
- Distribute assets as outlined in the will
Timeline of Probate
The probate process can vary depending on the complexity of the estate, number of beneficiaries, and any disputes or complications.
Typical Timeline:
- Initial estate review: 1–4 weeks
- Valuation and tax reporting: 4–8 weeks
- Application for probate: 2–4 weeks processing time
- Administration and distribution: 3–12 months depending on complexity
Delays can arise if:
- The will is contested
- There are foreign assets
- HMRC reviews inheritance tax calculations
- Beneficiaries are difficult to locate
Blackstone Solicitors helps clients manage these hurdles and navigate the probate journey efficiently and lawfully.
What Happens If There Is No Will?
If someone dies intestate, the estate is administered under the rules of intestacy, which set out a hierarchy of relatives entitled to inherit. In these cases, a grant of letters of administration is issued instead of a grant of probate.
The administrator has similar powers to the executor, but distribution follows statutory rules rather than personal wishes.
We advise executors and administrators alike, offering guidance on both testate (with a will) and intestate (without a will) estates.
Inheritance Tax and Probate
Part of the probate process involves submitting information to HMRC to determine whether Inheritance Tax (IHT) is payable.
Key points:
- The standard IHT threshold is £325,000
- Above this, 40% tax may apply unless exemptions or reliefs are available
- The Residence Nil Rate Band may apply if property is left to descendants
- Charitable gifts and spouse exemptions can reduce or eliminate IHT liability
Executors must submit appropriate tax forms (e.g. IHT205 or IHT400) as part of their probate application. Blackstone Solicitors can advise on tax planning strategies and ensure full compliance with HMRC requirements.
Role of the Executor
The executor holds personal responsibility for administering the estate. Their duties include:
- Notifying relevant organisations (banks, insurance, utilities)
- Managing property and finances
- Settling outstanding debts
- Distributing assets as directed in the will
- Keeping records and accounts
Executors may be held liable for errors, even if made unintentionally. Legal support minimises risk and ensures probate is completed in line with the law.
If an executor is unwilling or unable to act, they may renounce their position or appoint a solicitor to act on their behalf.
Common Probate Issues
While many probate cases proceed without issue, several challenges can arise:
- Missing or invalid wills
- Disputes among beneficiaries
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Unclear asset ownership
- Foreign property or multiple jurisdictions
We assist with contentious probate, claims against estates, and resolution of complex legal issues. Our goal is to preserve estate assets and foster fair outcomes.
Probate Fees
Probate fees include:
- Application fee: Currently £273 for estates over £5,000
- Legal fees: Vary based on complexity and solicitor involvement
- Valuation and tax costs: May involve surveyors, accountants, and HMRC obligations
Blackstone Solicitors offers transparent pricing and clear guidance on all cost aspects of probate.
Final Thoughts
Probate is the legal process that brings a person’s final wishes to life, distributing their estate in accordance with the terms of their will. It involves legal, financial, and emotional considerations—and when handled professionally, it protects the interests of executors and beneficiaries alike.
At Blackstone Solicitors, we deliver expert probate services across England and Wales. Whether guiding executors through their duties, resolving disputes, or managing complex estates, our team offers sensitive and effective legal support.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications probate and the administration of an estate. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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