Probate
Probate means administering somebody’s estate when they have died.
This legal and financial process can be challenging at any time but is especially tough when you are still trying to come to terms with the death of a loved one.
With practices in Wilmslow and Bramhall, our probate solicitors can offer straightforward advice and practical guidance to help executors, beneficiaries and other friends and relatives navigate probate.
For estates that are bigger or more complicated, our experienced team can offer additional support with things like distributing business assets, taxes, and difficult family relationships.
Your key contact
Jobeth Copping-Barrett, Solicitor & Head of the Private Client Department
Jobeth is passionate about helping people through emotionally difficult times. She prides herself on being compassionate, supportive and open with all her clients.
Jobeth has answered some of the most commonly asked questions below. If you need specific advice, book a free 30-minute consultation with Jobeth today. Call: 01625 526 222.
Why choose Sinclair Law?
- Speed up probate to discharge assets faster
- Avoid expensive mistakes, delays and disputes with expert advice
- Free 30-minute consultation so we can get to know you and your individual needs
- Jargon-free friendly service
- A solicitor by your side through every step of the process
- Transparent pricing with no nasty surprises
- Authorised and regulated by the Solicitors Regulation Authority
- Rated ‘Excellent’ by our clients on Google and Review Solicitors
Probate FAQs
What is probate and why is it required?
Grant of Probate is the legal document that allows the deceased’s assets to be released to one or more people who have the legal authority to act and administer the estate. These people are the executors. It proves to the asset holders that they are releasing the assets to the correct and authorised people.
When probate is required the assets of the estate are ‘frozen’ to safeguard them against an ‘incorrect distribution’ to the wrong people. This means that without the Grant of Probate a property cannot be sold, and the deceased’s bank accounts and other financial assets cannot be accessed
Who can apply for probate?
The executors that are named in the will are responsible for applying for probate.
It is usually a spouse or civil partner that applies for a letter of administration, where a loved one passed without having a will, which grants them the legal authority to manage the estate and assets.
Do I need a Grant of Probate?
A common misconception around probate is that it is not required if the deceased made a will. If there is a valid will, it is necessary to apply for a ‘Grant of Probate’ and if there is no valid will (intestacy) the process is called ‘Letters of Administration’.
The nature and value of the deceased’s assets determines whether a Grant of Probate or Letters of Administration is needed in order to administer the estate.
If you are unsure whether you require probate, please contact us and speak with one of our probate solicitors.
Do I need probate if I have power of attorney?
Power of attorney and probate are two very different things. This can cause a lot of confusion, and we often hear people say that they don’t need probate because they had power of attorney for the person who died. However, it does not work like that.
Think of it this way – power of attorney deals with events that happen while your loved one is alive, and no longer has effect when they die. So, while you may be responsible for your loved one’s affairs during their lifetime, this ends at the moment of their death.
How do executors find beneficiaries?
In the will, the deceased names all the people who are due to receive assets from the estate. These people are known as beneficiaries.
As an executor, you need to take reasonable steps to try and contact everyone that the testator has named or specified.
The executor is also responsible for finding creditors, which can be identified for outstanding bills, or loan agreements.
What rights does a beneficiary have?
If you are a beneficiary of a will, you have certain beneficiary rights that the executor of the estate needs to abide by. If the deceased has left a valid will, the beneficiaries of their estate are named in the will. If there is no valid will, the beneficiaries are identified according to the intestacy rules.
Beneficiaries have a right to information during the probate process. It is the executor’s responsibility to keep beneficiaries up to date with how the estate administration is progressing. They must keep accounts for the estate and show them to beneficiaries when asked. Beneficiaries can take legal action against an executor if they breach these rights or if the executor is otherwise mismanaging the estate.
Do I need probate if my husband/wife/civil partner dies?
It depends on how the assets were owned. If you owned your home as joint tenants and have joint bank accounts, it may be that probate would not be required. But probate could be needed for any large assets owned in the deceased’s sole name, or a property owned as tenants in common.
If you are unsure, please give our probate solicitors a call to discuss your circumstances.
Do I need probate to sell a house?
If a house is held in the deceased person’s sole name, then probate is needed to sell it. If the house is held as joint tenants and the surviving co-owner wants to sell the house, they can do so with a copy of the deceased’s death certificate.
To sell a house that is owned as tenants in common, probate is needed.
Does inheritance tax (IHT) need to be paid?
In England and Wales, inheritance tax typically has to be paid when an individual’s estate (their property, finances and belongings) is worth more than £325,000 at the time of their death.
The £325,000 figure is the current inheritance tax threshold, but it is subject to change each year in the budget.
The current inheritance tax rate in England and Wales is 40% on anything above the £325,000 threshold, although it can be reduced to 36%, if 10% or more of the estate’s net value is left as a gift to charity.
A further £175,000 tax-free allowance may be available with the residence nil rate band. This is a relatively new inheritance tax allowance that reduces inheritance tax liability on an estate when the deceased’s home is being passed down to children or grandchildren.
How long does the probate process take?
The majority of estates are dealt with within 6-12 months. Typically, obtaining the Grant of Probate takes 16-20 weeks from the date the application is made to the Court. Collecting assets then follows, which can take between 15-20 weeks. Once this has been done, we can distribute the assets, which normally takes 4–12 weeks.
