Probate

Probate is the formal legal process in the UK through which a deceased person's will is proven in court and their estate is administered. It confirms the authority of the person(s) responsible for dealing with the estate, whether an executor named in the will or an administrator appointed by the court.

Why Probate Matters

Probate provides legal confirmation that the individuals handling the estate have the right to do so. Without it, banks, investment firms, and land registries are unlikely to release assets or transfer property.

If the deceased left a will, the named executor applies for a Grant of Probate. If there is no will, a close relative or solicitor may apply for Letters of Administration. Either document acts as legal evidence of authority.

When Probate Is Required

Probate is generally required when:

• The estate includes property or significant assets
• Financial institutions require proof before releasing funds
• There are disputes among beneficiaries

However, probate may not be necessary if:

• The estate is very small (typically under £5,000 to £10,000)
• Assets were jointly owned and pass automatically to a surviving spouse or civil partner

Steps Involved in Probate

1. Locate the will (if it exists)
2. Value the estate, including debts and liabilities
3. Apply for a Grant of Probate or Letters of Administration
4. Settle debts and taxes
5. Distribute remaining assets to beneficiaries

Solicitors often manage this process on behalf of executors, particularly where estates are complex or contentious.

Examples and Use Cases

• A solicitor firm acting for an executor applies for probate to sell the deceased’s London home and distribute proceeds to three adult children.
• A surviving spouse does not need probate as all assets were held jointly and pass automatically.

Mini-FAQ

How long does probate take?
Typically, 4 to 12 weeks to obtain the Grant (though there are frequently significant back-logs), and up to 6–12 months for full estate administration.

Can you administer an estate without probate?
Only if the estate is small and all institutions agree to release funds without legal authority.

Do you always need a solicitor?
No, but professional advice is recommended for complex estates, disputed wills, or when legal compliance is essential.

Probate is a pivotal part of estate management in the UK. For legal professionals and lay executors alike, understanding its steps and implications ensures estates are managed lawfully, transparently, and with due care.