As a qualified probate solicitor at Online Probate, I have many years of experience in helping families navigate the legal intricacies of probate. I’ve witnessed first-hand the emotional toll this process can take, especially for those who are already dealing with grief and loss. Probate, as it stands, is more than just paperwork and legal jargon; it’s an essential step in ensuring a loved one’s estate is handled according to their wishes. Yet, for many, the thought of dealing with probate is daunting, confusing, and often overwhelming. That’s where probate solicitors step in; offering guidance, expertise, and sometimes a shoulder to lean on.
If you’re looking to do probate yourself, I’m going to be explaining how to survive probate. I’ll be walking you through the entire process and sharing some valuable insights and tips. I’ll also explain how probate solicitors can make this process as smooth as possible during one of life’s most challenging times. Although this isn’t an exhaustive list it will assist you through the probate process. Let’s Begin…
Are you Responsible for Probate?
When a loved one passes away, one of the first steps is to determine if probate is necessary to manage and distribute their estate. The responsibility for establishing whether probate is required, and applying for it if necessary, usually falls to the executor named in the deceased’s Will. If there is no Will, this responsibility shifts to the deceased’s closest living relative, who may need to apply for a “Grant of Letters of Administration” instead of probate. Let’s break down this process and clarify who needs to take action.
Understanding the Executor’s Role
If the deceased left a valid Will, the document should name one or more executors. The executor is legally responsible for managing the estate, including establishing whether probate is required, applying for a Grant of Probate, and distributing assets according to the Will. Executors have a legal duty to act in the best interests of the estate and its beneficiaries.
An executor can choose to handle all of these responsibilities independently or enlist the help of a probate solicitor to assist with specific tasks or manage the entire process.
If there is no Will, the deceased is said to have died “intestate,” and probate still may be required. In this case, a close relative—typically a spouse, civil partner, or adult child—can apply to become the estate’s “administrator.” The administrator’s role is similar to that of an executor but with some differences, as they must distribute the estate following the laws of intestacy. An administrator must also:
- Apply for a “Grant of Letters of Administration” instead of a Grant of Probate.
- Determine and follow the intestacy rules, which dictate how the estate should be distributed when no Will is present.
The administrator is responsible for the same key duties as an executor, such as valuing assets, settling debts, and distributing remaining assets, but with added constraints due to the absence of a Will.
Do you require probate?
Many people are unsure whether they need probate, so this is a great place to start.
Each year, around 275,000 to 300,000 probate applications are made in England and Wales. This reflects the widespread need for probate services. Probate isn’t always required, particularly for smaller estates or cases where assets are held jointly. Generally, probate is necessary if the estate includes property, investments, or financial assets over a certain threshold (usually £5,000) that can’t be accessed without formal permission. For example, if your loved one had a home solely in their name, probate would be needed to transfer ownership or sell it.
Remember that all banks have different rules and thresholds however, you can use your Online Probate Checker to see whether you’re likely to require probate.
Why do you need Probate?
In essence, probate is the legal process of administering a deceased person’s estate, including any assets, property, or possessions they’ve left behind. If a Will exists, probate involves validating the Will, confirming the executor’s authority to act on behalf of the deceased, and eventually distributing the estate according to their wishes. Without a Will, the process still applies, but the estate is instead distributed according to the UK’s intestacy laws.
Applying for Probate without Probate Solicitors
It’s possible to handle probate without a probate solicitor. However, it can be a complex and time-consuming task, especially for large or complex estates. For those who choose to navigate probate without a probate solicitor, the process can feel intimidating. Probate involves many legal and administrative tasks that require patience, organisation, and resilience. Here’s a short guide to give you the basics on how to get through it, from registering the death to distributing the estate—and tips to make each stage more manageable.
1. Register the Death and Obtain the Death Certificate
The first step after a loved one passes is to officially register their death. In the UK, this typically needs to be done within five days. You’ll need to register the death at the local registry office and provide personal details about the deceased. Once registered, you’ll receive a death certificate, which you’ll need in multiple copies for various probate tasks (consider ordering at least five copies as financial institutions and other agencies often require originals).
2. Locate and Access the Will (If There Is One)
If there’s a Will, locate it as soon as possible. It may be stored in a safe at home, with the deceased’s solicitor, or even with a bank. The Will names an executor, the person responsible for managing the estate. Executors should carefully read the Will to understand any specific instructions left by the deceased regarding funeral arrangements, asset distribution, or other matters.
Tip: Make multiple copies of the Will and keep the original safe, as you’ll need it throughout the probate process. The original Will, will need to be sent to the Probate Registry with your Probate application.
3. Notify Relevant Organisations
Once you have the death certificate and Will, it’s time to notify relevant organisations of the passing. This may include:
- Banks and building societies
- Insurance companies
- Utility providers
- Pension providers
- Local council (for council tax adjustments)
- Government bodies, such as HMRC, DWP etc
The UK offers a useful Tell Us Once service that notifies most government agencies in one go, which can be a significant time-saver. Many financial institutions and utilities also have bereavement departments that specialise in these situations and can provide advice on what documentation they need.
4. Value the Estate
To proceed with probate, you need a complete valuation of the estate, including all assets and liabilities. This means, for example:
- Identifying property, savings, investments, and any possessions of value (such as cars, jewellery, and artwork).
- Valuing debts, like outstanding bills, credit cards, or mortgages.
- Gathering documentation for each item.
For larger assets like property, it may be wise to get a professional valuation. Many find this step challenging due to the volume of paperwork involved. Staying organised is key here; consider creating a checklist to keep track of what’s been valued and what’s outstanding.
Tip: Consider keeping a binder or a digital folder with scanned copies of all relevant documents to stay organised.
5. Complete the Necessary Inheritance Tax Forms
Before probate can proceed, inheritance tax (IHT) must be calculated and, if applicable, paid. In the UK, estates above the inheritance tax threshold of £325,000 are typically subject to IHT, though thresholds vary based on circumstances (such as if the estate is being passed to a spouse or charity, if the deceased’s property is being left to a direct descendant then the residence nil rate band of of up to £175,000 can be applied, or if the deceased was widowed then their deceased spouse’s unused nil rate band or residence nil rate band can be applied to reduce the IHT to be paid.).
If inheritance tax is due you will need to complete the IHT400 form. But note, that you’ll need to get an inheritance tax reference number 3 weeks before you even begin to complete and return the forms. These forms can be lengthy, and a lot of information is required. Make sure to cross-reference all assets and debts to avoid any discrepancies, as mistakes could delay the process.
Tip: These forms must be completed and returned within 12 months of the date of death and interest is payable after 6 months, so it’s best to act quickly. The IHT forms are sent to HMRC prior to the probate application being sent to the probate registry
6. Apply for the Grant of Probate (or Grant of Administration)
Once you’ve collected all necessary documents, valued all assets and liabilities, and calculated any taxes, you can apply for the Grant of Probate. This is done online or by post and requires:
- The original Will (if there is one) and death certificate
- Probate application form
If there’s no Will, you’ll apply for a “Grant of Letters of Administration” instead, and an administrator (usually the closest living relative) will take on the role.
Tip: Pay close attention to detail when completing the forms, as errors can lead to costly delays.
7. Pay Any Outstanding Debts and Gather Assets
Once the Grant of Probate is issued, the executor can start handling the estate’s assets. This means accessing the deceased’s bank accounts, selling property, and paying any outstanding debts. It’s essential to keep thorough records of all transactions and retain receipts, as beneficiaries may request to see how funds were managed.
If the estate includes multiple accounts or complex assets, consider setting up a separate bank account to manage estate funds. This approach will make it easier to track transactions and distribute funds correctly.
8. Distribute the Estate to Beneficiaries
After all debts and taxes have been paid, the executor can distribute the remaining assets according to the Will. This could involve transferring property ownership, distributing funds, or gifting possessions. Before distributing the estate, consider setting aside a small reserve for any unexpected expenses, as it can be difficult to recover funds once they’ve been distributed.
Tip: Communicate openly with beneficiaries. Clear communication can prevent misunderstandings and conflicts.
Tips for Surviving the Probate Process
Managing probate on your own can be overwhelming, but these practical tips can help you navigate the process more smoothly:
- Stay Organised: Probate involves extensive paperwork, so having an organised system is crucial. Use binders, spreadsheets, or digital tools to track tasks, deadlines, and documents. Label folders clearly and keep a list of all financial accounts, assets, and contact details for institutions you’ve been in touch with.
- Delegate Tasks: While the executor is ultimately responsible, they don’t have to handle every task alone. Family members can help with simpler tasks, like notifying companies or gathering information. Delegation not only lightens the workload but also helps family members feel involved and supportive during a difficult time.
- Be Patient and Methodical: Probate can be time-consuming, and rushing can lead to mistakes. Break the process down into manageable steps, tackling one stage at a time. This approach will help you avoid burnout and ensure you handle each aspect thoroughly.
- Seek Guidance When Needed: Although you’re handling probate yourself, don’t hesitate to seek advice when you hit a roadblock. Unlike other solicitors at Online Probate we offer a helpline. This is a more affordable way of getting the expert help you need. Our flexible phone consultations guide executors through tricky parts without the commitment of full-service fees. We also offer support with the preparation of the probate application, ensuring it is correct which is a less costly option than having probate solicitors carrying out all the work.
- Keep a Positive Outlook: Probate is often a challenging experience, but remember you’re performing an important task to honour your loved one’s wishes. While the process can feel arduous, staying focused on this purpose can provide a sense of accomplishment and closure.
When to Consider getting help from Probate Solicitors
While it’s possible to complete probate independently, certain circumstances make it wise to engage a probate solicitor. If the estate is especially large, complex, or includes assets abroad, or if there are family conflicts, a probate solicitor can help navigate these challenges effectively. Additionally, if the thought of handling probate alone feels too overwhelming, probate solicitors can take on some or all of the process, allowing you to focus on healing.
What Do Probate Solicitors Do?
Probate solicitors manage the entire probate process on behalf of the executor or family, from paperwork and tax calculations to asset distribution. Since this can be very costly at Online Probate we’ve established a number of flexible ways that we can help. We’ve split our services into 3 levels:
- Grant Only: We’ll apply for probate on your behalf. We do all the heavy legal lifting
- Full Administration: We’ll assess the value of the estate, submit the grant of probate application, close accounts, manage property, pay taxes and distribute assets.
- Help Line: If you just want to dip into help during the application process, we offer legal advice (billed hourly) to support you.
Our probate service options have been designed to help you only as much as you want us to. Ultimately our services aim to empower you to do probate alone should you wish. Working with us means having a partner to handle legal and administrative matters, freeing families to focus on healing rather than logistics.
Benefits of Using Probate Solicitors
- Expert Knowledge and Insight: Our familiarity with probate laws ensures that no details are overlooked, which can prevent costly mistakes.
- Mitigation of Errors and Delays: One of the biggest issues in probate is errors, which can delay the process and increase costs. We know where common pitfalls occur and take proactive steps to avoid them.
- Addressing Complex Estates: Estates with international assets, high-value properties, or intricate trusts need special handling. We navigate complex estates seamlessly, drawing on years of specialised experience.
- Mediation and Conflict Resolution: Disputes among beneficiaries or disagreements over assets can stall the process. We act as neutral third parties, helping mediate disputes and maintain family harmony.
- Efficient Liaison with Financial Institutions: Banks and other institutions often have strict requirements for releasing funds. Our close relationship with these entities allows us to expedite the necessary approvals.
- Compliance with Changing Legislation: Probate laws are subject to changes. We ensure full compliance with current legislation, so you can be confident your loved one’s estate is handled correctly.
- Time and Emotion Management: Handling probate alone can take a significant toll emotionally and mentally. By instructing us, families can rest assured that everything is taken care of, giving them peace of mind during a difficult time.
What are the Probate Fees in England and Wales?
The court fee for applying for probate is £300 and there is a fee of £1.50 for each further copy of the grant. We would advise that at least 3 copies are obtained. Solicitor fees vary depending on the level of support you need, i.e. grant extraction only – whereby we would prepare the probate papers only to full estate administration. At Online Probate we are committed to making our services affordable and transparent for all our clients and we’re here to ensure the probate process runs as seamless as possible.
Is it Quicker to Use a Solicitor for Probate?
Yes, in most cases, using a probate solicitor will speed up the process. Our team knows what documents to file, where potential delays might occur, and how to resolve any issues promptly. Handling probate yourself can lead to months, even years, of delays if mistakes are made or documents are missing.
You will Survive Probate
Working through probate isn’t easy, but it doesn’t have to be overwhelming. With years of experience and a deep commitment to compassionate service, our team of probate solicitors is here to guide you through each step. We’re different from traditional probate solicitors—not just in how we approach probate, but in our commitment to making it more accessible and affordable for all. So, if you’re feeling the weight of probate responsibilities, know that you’re not alone. Let us help shoulder the load, providing expert guidance and genuine care through every stage of this journey.
