Probate is the legal process of proving a person’s will and giving the appointed executor authority to deal with the estate—collecting assets, paying debts and taxes, and distributing what’s left to beneficiaries. If there is no will, a close relative usually applies for Letters of Administration and acts as the administrator. Most estates of any complexity go through some form of probate; the rules differ slightly in Scotland and Northern Ireland.
When probate is required?
You typically need probate (or letters of administration) when:
- Assets are held solely in the deceased’s name. Banks, building societies, and investment platforms typically require a grant before releasing funds above their internal limits (often £5,000–£50,000, but policies vary).
- There is property available for sale or transfer. Land Registry won’t register a sale or transfer from a sole owner without a grant.
- There are shares, investment accounts, or premium bonds in the sole name of the deceased.
- There is no will. A grant is typically necessary to ensure the administrator has the legal authority to act.
When probate may not be needed?
Probate can sometimes be avoided when:
- All assets are jointly held with a surviving spouse or civil partner (e.g., a joint bank account or property as joint tenants)—these pass by survivorship.
- Nomination/beneficiary designations exist (for example, certain pensions or life insurance) that pay directly to a named person.
- The estate is small and below a bank’s release threshold. Each institution sets its own limit and may also consider risk factors and documentation provided.
Before applying, contact each bank or institution to confirm their current threshold and documents required—this avoids unnecessary applications and costs.
Key steps in the probate process
Locate the will and identify executors/beneficiaries. Ensure you’re working from the most recent, valid will.
- Create a value of the estate.
- List assets and debts as at the date of death; obtain property valuations and check for lifetime gifts that may affect tax.
- Address taxation details.
- Determine if Inheritance Tax (IHT) is due and submit the correct HMRC forms (IHT205/IHT400 equivalents depending on circumstances).
- Apply for the grant.
- Executors or administrators submit the probate application, accompanied by the original will (if any) and the death certificate.
- Collect, settle, distribute. After the grant, close accounts, sell or transfer assets, pay liabilities and taxes, and then distribute the funds to beneficiaries with clear records.
- Prepare estate accounts. Maintain transparent accounts that show all receipts and payments, and share them with beneficiaries.
Risks and how a solicitor helps
- Personal liability: Executors can be personally liable for unpaid debts or incorrect taxes.
- Disputes: Ambiguous wills, excluded relatives, or uneven distributions can trigger claims.
- Complex assets, such as business interests, overseas property, trusts, or agricultural assets, require specialist handling.
An experienced probate solicitor can verify the will’s validity, advise on IHT reliefs (e.g., spouse exemption, residence nil-rate band), manage timelines, and reduce the risk of disputes—improving accuracy and speed.
Whether you’re navigating probate for the first time or revisiting arrangements, Pelleys Solicitors. We are a multidisciplinary law firm, and you can hire qualified probate solicitors in Hertfordshire from us.
