Dealing with the loss of a loved one is hard enough without a mountain of paperwork staring you down.
Applying for a Grant of Probate is often one of the first steps an executor must take when administering a deceased person’s estate. However, in recent years, the process has become increasingly challenging.
HM Courts and Tribunals Service (HMCTS) continues to manage a significant backlog of cases, leading to frequent delays in the issues of Grants.
In this article, our private client team explains what probate is, when it is required, and answers some common questions regarding the estate administration process.
What is Probate?
The term “probate” is often mistakenly used to describe the entire process of dealing with a person’s affairs after their death. The correct term for this broader process is estate administration.
Estate administration involves managing and distributing the deceased’s assets in accordance with their Will, or if no valid Will exists, the Rules of Intestacy.
Key tasks typically include:
- Valuing the estate assets
- Preparing and submitting Inheritance Tax (IHT) returns
- Closing bank accounts and liquidating investments
- Selling or transferring property
- settling all outstanding debts and liabilities
- Distributing the remaining estate to the rightful beneficiaries
Probate is just one specific part of this process. It provides the legal authority required to deal with the deceased’s property, money, and possessions (collectively known as their ‘estate’).
What is a Grant of Probate?
A Grant of Probate is a legal document issued in England and Wales to the executors named in a Will. It formally confirms their authority to administer the estate. Executors (named in the Will) are therefore responsible for applying for the Grant. Financial institutions (such as banks and building societies) and other asset holders often require sight of the grant before releasing funds, transferring investments, or allowing the sale of a property.
Is a Grant of Probate Always Necessary?
A grant of probate is not required in every estate. For example, where assets are held jointly with a spouse or civil partner (such as a joint bank account or property held as “joint tenants”), they will usually pass automatically to the surviving spouse or civil partner by right of survivorship.
Other circumstances where probate may not be required include:
- Small Estates: Where the total value of the estate is low (often under £5,000, though thresholds vary significantly by institution)
- Insolvent Estates: Where the deceased’s debts exceed their assets.
Ultimately, whether probate is necessary depends on the nature, value, and ownership of the deceased’s assets.
Is Probate Required If There Is No Will?
The requirement for probate does not depend on the existence of a Will. It is determined by the assets within the estate.
If someone dies without a Will (known as dying intestate), the administration process is broadly similar, but the terminology changes.
Instead of ‘executors’, the person dealing with the estate is called an administrator. Rather than applying for a Grant of Probate, they apply for Letters of Administration.
Once appointed, administrators have the same roles and responsibilities as executors. Collectively, both types of documents serve the same purpose: providing the legal authority to administer the estate.
Both Executors and Administrators are known as Personal Representatives.
How Long Does It Take to Obtain a Grant of Probate?
According to GOV.UK, grants of probate or Letters of Administration are typically issued within 12-16 weeks of submitting your application. However, practitioners report that the process can take significantly longer in practice. Paper applications, in particular, typically experience greater delays than online submissions.
Applications can be ‘stopped’ by HMCTS, which could be for many reasons, including:
- Missing signatures or incorrect dates
- discrepancies in asset valuations
- Missing supporting documents
- Incorrectly completed Inheritance tax forms
How Can You Avoid Delays in the Probate Process?
While some delays will be outside of your control, there are some practical steps you can take to minimise disruptions or complications
- Draft a professional Will – a clearly drafted Will enables Executors to apply online, which is significantly faster.
- Accuracy is key: double check all asset valuations and ensure every form is completed correctly before submission.
- Responsiveness: respond promptly to any HMCTS queries
- Gather all required documents before submitting an application
- Seek advice from a regulated, legal professional experienced in estate administration
Do You Have to Use a Solicitor?
The duties of Executors and Administrators, known as Personal Representatives, must be approached with care.
As Personal Representatives, you carry a significant legal responsibility and can be held personally liable if the estate is distributed before all debts and liabilities are settled, or if significant errors occur during the administration process.
While it is legally possible to apply for probate without professional assistance, estate administration is often complex and unforgiving of mistakes.
Careful preparation and guidance from an experienced legal professional can:
- Ensure the process is handled correctly from the outset.
- Reduce the risk of unnecessary delays.
- Minimise the potential for personal financial liability.
- Assist in determining whether probate is even required for the specific estate.
- Take away some of the stress of dealing with an estate after a loved one has passed away.
For information on applying for probate either online or via post, visit:
Gov.UK – Applying for Probate.
Experienced Estate Administration Solicitors
Our experienced team understands the practical and emotional challenges executors face. We are committed to making the process as smooth and stress-free as possible.
Whether you need to apply for a Grant of Probate, require full estate administration services, or need to resolve a contentious probate matter, we are here to provide expert support.
At Berlad Graham LLP, we recognise that navigating legal matters in your native language can provide much needed clarity during a difficult time. We are proud to have a strong team of multilingual solicitors who can assist clients across a variety of legal disciplines in multiple languages.
For information on the costs of uncontested probate and estate administration, please visit our fee transparency page for Uncontested Probate Fees.
