Probate FAQs

Below are a variety of questions that are commonly asked about Probate. If you are unsure about anything please don’t hesitate to contact us and we will advise you accordingly.

What is Probate?

Probate is the process of proving that a Will is valid and legal and confirming the executor: the person responsible for carrying out the deceased person’s wishes. In cases where there is no valid Will a similar process occurs but uses different terminology.

Do I have to get Probate?

Probate is usually only necessary if the value of the estate is more than £5,000 after funeral costs.

What is a Grant of Probate?

This is the document you will need in order to distribute an estate after someone dies; it is issued by the Probate Registry.

How will I know if I need to get probate?

Different financial institutions have different limits for Probate, so you will need to check with any that the deceased had involvement with in order to ascertain whether probate is necessary.

What is an Executor?

This is someone named within the Will as the person (or persons) whom the deceased wished to carry out their Will.

What is a Personal Representative?

Essentially the Personal Representative carries out the same duties as an Executor, but in the absence of a Will.

What if we can’t find a Will?

If you are unable to locate a Will among documents at the home of the deceased you should contact any local solicitors that the deceased may have had dealings with, contact their bank, and if needs be you can contact the Probate Service who can see if a Will has been registered with them. There are a range of companies who specialise in finding Wills, for a fee.

We’ve found the Will, what do we do now?

The Will identifies whom the deceased chose as their executor, or executors. If that is you, you will need to register the death and obtain a Death Certificate. You will then need to decide whether or not to appoint a solicitor to deal with Probate.

Do I have to use a solicitor to deal with Probate?

No you don’t, but while some situations can be relatively simple to deal with, in some cases estates can be complex affairs for which professional assistance could save a lot of time, money and stress – and possible personal liability if aspects are not carried out correctly.

How much does it cost?

In some cases Probate is not necessary if the value of the estate is very low, and in these cases the cost for a professional to handle the estate is likely to be relatively low. However the more complex the situation and the larger the estate, the more it is likely to cost as solicitors charge by time. Contact us for free to so that we can listen to your situation and advise you accordingly.

If I deal with it myself, am I liable if I make mistakes?

Yes. While Probate can be dealt with without professional assistance, it must be done so to some very exacting criteria, and if mistakes are made, even if they were made in good faith, you can be liable for significant penalties.

How do I work out the value of the estate?

Simply add up the value of all assets within the estate and deduct any liabilities such as mortgages, debts and utility bills. 

How will I know if I need to pay Inheritance Tax?

Inheritance Tax is usually levied on any estate worth more than £325,000 after all debts have been paid off. There are specific situations where different rates are payable, so professional advice is worth seeking.

When does Inheritance Tax need to be paid?

In England and Wales any Inheritance Tax due must be paid to the Government within six months of someone’s death, in most cases it must be paid before Probate can be granted.

If the estate is not liable to Inheritance Tax do I still need to tell HMRC?

Yes, HMRC must be informed whether or not the estate is liable.

Who pays the Inheritance Tax?

It is the responsibility of the Executor to pay any Inheritance Tax that is due, and this will need to be done within 6 months of the death, and usually before Probate is granted.

Is £325,000 set in stone?

No, there are situations where the value can be higher, such as if you give away your home to your children, adopted children, foster children or grandchildren. The threshold can in some cases be raised to £475,000.

How long does Probate take?

Granting Probate usually takes between six and twelve months, but in complicated cases the timescales can be significantly longer, particularly if the deceased had assets in other countries.

A Solicitor is the executor – do I have to use them?

No you don’t. While some people allocate a professional executor within their Will, if you and the other beneficiaries are not happy about this it can be challenged.

Can I transfer ownership of a property without selling it?

Yes, but it will need to be done with the Land Registry after probate has been granted, and in accordance with the Will or the Rules of Intestacy.

Can I sell the deceased’s house?

Yes, but only after a Grant of Probate has been given and any Inheritance Tax has been paid. You can however market the property before Probate is granted.

What is a Trust?

A Trust is an arrangement whereby assets are held by people called Trustees, and are controlled by detailed terms set out in the Trust Document.

What is an Attorney?

This is someone who is authorised to act upon someone’s behalf under the Power of Attorney.

I’ve been named as executor but don’t feel up to it – what can I do?

While you will be responsible as an executor, you can appoint a solicitor to carry out your duties on your behalf.

Can a Will be contested?

Yes, but only on valid grounds such as if: the deceased did not have the mental capacity to make decisions when writing the Will, if the Will is not valid or legal, of if the claimant was dependent upon the deceased and the Will did not make suitable provision for their future needs.

I can’t afford the funeral – what can I do?

The Government has a Bereavement Service Helpline that can offer advice in situations such as this. It might be possible to apply for a Funeral Payment from the Department for Work and Pensions (DWP). This can be offered in the form of a grant if the estate had no assets, but also can be repaid from the estate if there are sufficient funds. A solicitor can help you with these areas.

They died insolvent – what happens now?

If someone dies leaving only debts rather than any assets, things can get very complicated. All debts must be paid off in strict order, and mistakes can render the executor liable to the debts themselves.

If I’m the executor, what’s stopping me from keeping everything?

When Probate is granted a Will becomes a public document which anyone has access to, including charities who often have specific departments solely looking for any money or assets left to them.