Probate
The legal process of administering a deceased person's estate. Involves validating the will, paying debts, and distributing assets to beneficiaries.
Probate is the legal and financial process of dealing with someone's estate after they die. In practice, it involves:
The Probate Process
- Valuation: Establishing what the deceased owned and owed
- Application: Applying to the Probate Registry for a Grant of Representation
- Tax: Calculating and paying any inheritance tax due
- Collection: Collecting in the assets (closing accounts, selling property)
- Payment: Paying debts, funeral costs, and administration expenses
- Distribution: Distributing what remains to the beneficiaries
Do You Always Need Probate?
Not always. You typically don't need probate when:
- The estate is very small (under £5,000-10,000)
- All assets were jointly owned and pass by survivorship
- Assets are held in certain trusts
- Only jointly-held bank accounts exist
However, most estates with property or significant savings will need probate.
Common questions
How long does probate take?
Typically 6-12 months for straightforward estates. Complex estates, disputes, or property sales can take longer.
How much does probate cost?
The probate application fee is £300 (nil if estate under £5,000). Solicitor fees range from £1,500 to 3-4% of the estate value.
Can I do probate myself?
Yes, this is called DIY probate. It's manageable for simple estates but professional help is advisable for complex ones.
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