Probate Services

A Grant of Probate gives the legal right to deal with someone's property, money and possessions (their 'estate') when they die.
Obtaining Probate is the responsibility of the Executors named in the deceased’s Will. If there is no Will then a family member (normally) or professional will need to apply to apply for a Grant Of Representation from the Probate Registry to become the Administrator.
In order to approve a Grant of Probate, the government needs to see a clear picture of the estate's value.
- This includes things like property, debts, bank accounts, pensions and other financial assets.
- Detailed accounts need to be prepared and any Inheritance Tax needs to be calculated and paid.
- There are forms to be completed.
For Executors or lay Administrators, dealing with Probate often can be more complicated and stressful than expected due to the personal liability for settling debts and estate administration.
In cases where there is no Will it can add other complications.
Our experienced Probate partners can make things so much easier for Executors or Administrators by taking over the preparation of the application for the Grant.

Important things you need to know:

Probate is required when someone dies and leaves an estate (property, possessions and money) worth more than £5,000. This threshold can range from £5,000 to £70,000 across different banks, building societies and financial providers. Most of these limits will apply but there can be exceptions at a bank's discretion.
If you don't apply for Probate when it's needed, the deceased's assets can't be accessed or transferred to any of the beneficiaries. Probate gives a named person the legal authority to deal with the assets. Without this authority, they can't do anything with the assets.
You should not make any financial plans or put property on the market until you've got probate.
Although there are some exceptions, it is usually illegal to share out the estate, or to extract money from the estate, without a Grant of Probate or Letters Of Administration.
You cannot clear a house before probate. If a loved one or close relative dies, you must obtain the grant of probate to settle the estate before you can clear the house or go through their belongings.
Some of the instances where an estate can avoid probate are as follows: If the estate only consists of property that is joint ownership or if there are assets that pass to a spouse or a civil partner when one of them dies. If it is a small estate and the deceased had no property, land, or shares in their name.