Guide to Probate

Probate is the legal right to deal with a person’s money, possessions and property – their ‘estate’ – once they have died. It ensures their wishes are met, any debts are paid, and assets are correctly distributed to beneficiaries in line with either the deceased’s will, or in accordance with the Intestacy Rules.

Dealing with the legal complexities of Probate alongside the emotional difficulties of bereavement can be particularly challenging, especially if this is a process you have not encountered before.

At Bridger’s Law, we’re here to guide clients through Probate with compassion and expertise. With our help, you can rest assured that all legal requirements are met and any potential issues—such as inheritance tax—are properly addressed.

Here’s our guide to the process:

When is Probate needed?
Probate is usually required when an estate’s value exceeds a certain threshold, it consists solely of assets that are not jointly owned, or it includes property. You may also need probate to access the deceased’s bank accounts.

How long does Probate take?
Probate involves numerous legal requirements, deadlines, and paperwork which can take anywhere from a few months to a year to work through and resolve, depending on the complexity of the estate that’s involved.

Can I manage the Probate process myself?
Although it is possible to navigate Probate yourself, the expert support of a solicitor can help make the process as easy as possible, giving you the reassurance that it has been handled.  Where the estate requires an account to be made to HM Revenue and Customs or where Inheritance tax is payable, it is advisable to seek the advice of a Solicitor or Accountant to assist.

What is the role of a solicitor in Probate?
A solicitor helps to ensure the process is carried out smoothly and legally. They will apply for Probate, help assess any inheritance tax liabilities and account to HMRC, manage estate debts, and ensure the estate is distributed in accordance with the Will or the Intestacy Rules if there is no Will.

Do I need to pay inheritance tax?
Inheritance tax is only due if the value of the estate exceeds the tax threshold. Our solicitors will assess the estate and help determine whether inheritance tax is due, ensuring the correct amount is paid.

What happens if inheritance tax isn’t paid?
Failing to pay inheritance tax on time can lead to penalties, interest, and even legal action. Having a solicitor ensures that inheritance tax is calculated and paid correctly to avoid such issues.

Is Probate different if there is no Will involved?
Yes – when someone dies without leaving a Will (intestate), their estate is governed by Intestacy. This means the court will appoint a suitable representative, usually a family member, to administer the Will. The court will also have control over who inherits assets, and the care of any children. As these are decisions that would normally be covered by a Will, the involvement of the court usually means the Probate process will take longer. There is also greater potential for family disputes when the deceased’s wishes have not been clearly expressed via a Will.

Can a solicitor help resolve family disputes during Probate?
Yes, a solicitor can act as a neutral party to help resolve any disputes or disagreements that may arise amongst family members during the probate process. Our team at Bridger’s Law is committed to managing these situations with sensitivity and professionalism. If, however, the matter becomes contentious or an individual contests the estate, then we will no longer be able to continue to act, until matters are resolved.

If you are dealing with Probate, let us relieve some of the burden and stress – talk to one of our friendly team today.

We can also advise on Wills and Lasting Powers of Attorney.