What is Probate And Do I Need To Do It?

Your Guide To Probate

The loss of a loved one is naturally a difficult and distressing time, and dealing with the administration and distribution of their estate can be challenging.

What Is Probate?

Probate is the process of applying to the Court for an individual to be given the authority to deal with the estate according to the wishes within the deceased’s Will or according to the rules of intestacy if there is no Will.

Depending on whether the deceased left a Will or not, individuals can apply for either a Grant of Probate (if the deceased made a Will) or for Letters of Administration (if the deceased did not make a Will) – both documents provide the authority to handle the estate and oversee its distribution.

Can You Apply for Probate?

Yes, you can apply for probate if you are the Executor named in the deceased’s Will or are the deceased’s closest living relative if they died without a Will.

What Is The Probate Process?

Once you have the probate document, you can begin the process of estate administration. This involves sorting everything the deceased owned – property, shares, personal possessions – and readying them for distribution to the beneficiaries.

Depending on the complexity of the estate, it usually takes up to 4 months to obtain the Grant of Probate or Letters of Administration. The process of probate can take years but will be quicker for smaller, simpler estates.

Does Every Estate Need Probate?

No, not all estates need probate – there are some exceptions.

As a guide, you won’t need probate in the following situations:

• The deceased’s estate is valued at less than £5,000
• The deceased was married or in a civil partnership and deceased’s property and savings were owned jointly

However, probate is not always straightforward and sometimes probate is required for certain estates but not others. It’s important to seek legal advice if you’re unsure how to proceed with probate and the estate distribution process.

Helping You with Probate

Our experienced probate solicitors are here to help you with every stage of probate – from filling in the application form for a grant of probate or Letters of Administration, through to calculating if the estate owes any inheritance tax and handling all enquires relating to the distribution of the estate to the beneficiaries.

We will act on your behalf to ensure the process is completed compliantly and efficiently.

To speak to one of our professional probate solicitors about applying for probate or handling estate administration, please contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com