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Frequently Asked Questions
What is probate?
Probate is the legal process of dealing with someone’s estate after they die. This usually involves identifying and valuing their assets, paying any debts and taxes, and distributing the remaining estate to the beneficiaries.
Do I always need probate?
Not always. Whether probate is required depends on the type and value of the assets involved and how they were owned. Some banks and financial institutions may release smaller balances without a Grant of Probate.
Do I need a solicitor to handle probate?
No. Many straightforward estates can be managed without a solicitor. However, professional support can reduce the paperwork, stress and risk of mistakes, particularly where the estate is complex, taxable or disputed.
Can I handle probate myself?
Yes. Executors can apply for probate and administer the estate themselves. This may suit simple estates, but the process can be time-consuming and executors remain personally responsible for completing it correctly.
How much does probate cost?
The cost depends on the size and complexity of the estate and the level of support required. Some providers charge hourly rates or a percentage of the estate, while others offer fixed-fee services. We provide clear pricing before any work begins.
What is included in a full probate service?
A full probate service normally includes valuing the estate, completing the probate and inheritance tax paperwork, applying for the Grant of Probate, settling debts and taxes, collecting assets and distributing the estate to beneficiaries.
Can you help with only part of the probate process?
Yes. Some executors only need help obtaining the Grant of Probate, completing inheritance tax forms or dealing with a particular issue. We can provide support for specific stages as well as full estate administration.
How long does probate take?
The overall estate administration process often takes between 6 and 12 months, although straightforward estates may be completed sooner. The timescale can be affected by inheritance tax, property sales, missing information or disputes.
What should I do first when someone dies?
The first steps usually include registering the death, locating the will, identifying the executors and securing the deceased’s property and important documents. You should also begin gathering details of their assets, debts and financial accounts.
What documents will I need?
You will usually need the death certificate, the original will if there is one, identification documents and details of the deceased’s assets, property, bank accounts, investments, pensions, debts and liabilities.
What happens if there is no will?
When someone dies without a valid will, their estate is distributed under the rules of intestacy. The process may be more complicated, but an eligible family member can usually apply to administer the estate.
Will inheritance tax need to be paid?
Not every estate pays inheritance tax. It depends on the value of the estate, who inherits and which allowances or exemptions apply. Any tax due will normally need to be dealt with before the estate can be fully distributed.
What can delay probate?
Common causes of delay include missing documents, inaccurate estate valuations, inheritance tax queries, property sales, difficulty locating beneficiaries and disputes between family members. Careful preparation can help keep the process moving.
What are the most common probate mistakes?
Common mistakes include undervaluing assets, missing tax deadlines, distributing money too early, failing to identify debts and keeping incomplete records. Executors can be personally liable if the estate is administered incorrectly.
How do I choose the right probate provider?
Look for probate experience, clear pricing, good communication and a service that matches the support you need. You should understand exactly what is included, who will manage your case and whether any additional charges could apply.