What is probate?

When someone dies, starting to sort everything out can feel incredibly overwhelming. And you might be hearing new terms like ‘probate’ and ‘estate administration’ thrown around. To make things a little easier, this article will take you through:

• What is probate?
• What is a Grant of Probate?
• When you do and don’t need probate
• How long it takes
• How Trustestate can help

What is getting probate?

Probate is the legal process of sorting out all the property, money, possessions and debt of someone who’s died. 

Going through probate includes settling any outstanding debts, selling property and possessions, and sharing out what’s left. Often, the person who died will have a will where they have written down what they would like to happen to what they own. If there’s no will, everything’s settled according to special legal rules, called the ‘rules of intestacy’.

What is a Grant of Probate?

As part of the probate process you may need a legal document giving you the authority to deal with the person’s property and possessions. A Grant of Probate is the document you’ll get if the person left a will. If they didn’t leave a will, you’ll get a Grant of Letters of Administration instead. Getting the Grant of Probate or Letters of Administration from the Court is a key stage in the probate process, and is often simply called ‘getting probate’.

The Grant of Probate names the person (or people) who can legally deal with the money, property (such as houses or flats) and possessions of someone who’s died. You'll also hear the things someone owned referred to as their estate, or their assets.

The Court may need to issue a Grant of Probate before you can sell any property, depending on how it’s owned and share out any money or assets.

When do I need a Grant of Probate?

When someone writes a will, they write down what they would like to happen to their assets after they die. A will includes the names of those people – called executors – who will be given the job of sorting out this estate, and making sure that it is shared out in the way the person who died wanted.

The will is a legal document, but the Grant of Probate is also often needed to confirm that the executors have the authority to deal with the estate. A Grant of Probate gives reassurance and protection to those who need to release money, or those who might want to buy any property from you, that everything is legal and above board.

You may need a Grant of Probate if the person who died had more than a few thousand pounds in the bank. Each bank will tell you in what circumstances they require probate, as each bank has different rules. You will need to show the Grant of Probate to the bank before they will allow you to take out any money, other than for limited purposes like funeral costs.

You’ll also need one if the person who died owned property (eg a house or flat) in their own name or as ‘tenants in common’.

When don’t I need a Grant of Probate?

Sometimes, if there is not much money or property to distribute, you may not need a Grant of Probate. Different banks have different thresholds, so if there is not much money you will need to check with them if you need a Grant of Probate.

A Grant of Probate is the document needed if the person who died left a will. If there wasn’t a will, you will need a similar document called Grant of Letters of Administration and the process will be slightly different.

How do I get a Grant of Probate?

There are a number of steps you need to go through before the Court can issue a Grant of Probate. During the process you will need to value the total worth of everything the person owned. In some cases you’ll also need to submit an Inheritance Tax account to HMRC, (even if there isn’t any Inheritance Tax to pay.

You can apply for a Grant of Probate online or by post in England and Wales. Or you can let Trustestate do it for you. The probate registry charges a £300 application fee. 

You can read more about the steps involved in our guides.

What can I do once I have the Grant of Probate?

Once you have a Grant of Probate you can sell any property, pay any debts, and share out any money or possessions between those who are mentioned in the will. This process of sorting out the estate is called estate administration. The time it takes will depend on how complicated the estate is.

How long does probate take?

It can take around 16 weeks from applying to the courts issuing  a Grant of Probate. 

The whole process of sorting out the estate of someone who has died can take many months, often between six months and a year. It will depend on how complicated the person’s affairs were.

What does an executor do?

Executors have an important role in carrying out the wishes of the person who died and administering the estate. As well as getting the Grant of Probate, as an executor, your tasks include:

• Locating and managing assets: It is your duty to locate and manage all of the deceased's assets, including bank accounts, investments, property, and personal belongings.
• Keeping everything safe: It’s your responsibility to oversee the property, money and possessions of the person who died.
• Settling debts: You will also need to pay off any outstanding debts, including taxes and claims from creditors.
• Sharing out the estate: You’ll need to share out any money, property and possessions, according to the will.
• Communication: You should keep in touch with those who will inherit (or think they might inherit) about the progress sorting out the estate, and answer any questions they may have.

Trustestate can help you through this process, cutting out needless admin and letting you sort out the estate faster.

Why probate is important

Probate is a really important legal process, which makes sure that after someone dies their estate is shared out as they wanted, and in a legal, fair and transparent manner.

• It validates a will – makes sure the will is legal, and a correct record of the person’s wishes.
• It makes sure all money, property and possessions are shared out fairly and legally.
• It makes sure any outstanding debts and taxes are paid.
• It helps sort out disputes between beneficiaries – it can stop or resolve disagreements between family members, and any others who might benefit from someone’s estate (or think they should).

How Trustestate can help

Probate and estate administration can be complicated, but it’s important to make sure it’s done correctly and follows the wishes of the person who’s died. Let Trustestate take out the hassle for a fixed transparent fee. We offer a simple, streamlined service with expert support at every stage.

What we offer

Use our Complete Probate service and we’ll manage every stage of the process – we’ll take over all the admin, apply to the court for probate, and share out the estate.

Or if the estate is simple and you have time, you can use our Grant of Probate service, and manage everything with our easy-to-use online platform.

Whichever service you choose, you’ll get dedicated advice every step of the way, and a dashboard to check progress at any time. Book a free call with one of our experts to find out more.

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