Unfortunately, the first time you hear the word probate, it could be during a time of extreme emotional upheaval, which is dealing with the death of a loved one. During these times, thinking about the logistics of what to do with someone’s possessions can feel trivial, or even distasteful.

However, there are time constraints on some of the stages of probate, such as paying Inheritance Tax, that must be abided by in order to avoid paying interest. These matters need to be dealt with at some point, and the sooner the process is started the better, especially if people are depending on the money.

In saying that, it’s a complicated area of the law, and can be a lot to get your head around, even more so if you’re grieving.

We’ve put together a short guide to help you understand what probate is, who’s involved, and the process. If you have any specific questions, or are looking for legal advice, feel free to contact one of our probate lawyers and we’d be happy to help.

What Is Probate?

When someone passes away, their property, possessions and assets (their estate) must be distributed. This is dependent on a few factors, such as whether someone has left a Will or not.

If someone has left a Will, their wishes will be respected, and their estate will be distributed in accordance with what they’ve laid out in the Will. However, if they haven’t, the Intestacy Rules will be followed, which will determine how the estate will be split.

To start the probate process, you must apply for a document called a Grant of Probate. But for this to be necessary, the estate needs to meet a certain set of criteria. You will need to get a Grant of Probate if the deceased’s estate has the following:

  • A value of more than £5,000
  • Includes stocks and shares
  • Contains property or land
  • Contains certain insurance policies

People Involved in the Probate Process

When it comes to the probate process, there are a few people who are usually involved. This may change depending on the estate and any disputes that may arise. These include, but are not limited to:

  • Executor or Administrator – This is the person who is responsible for dealing with the person’s estate in line with the law. If a Will has been left, the Executor is chosen by the deceased and will be outlined in the Will. If there isn’t a Will, someone will be appointed, and they will be called an Administrator, but their role will be the same. The Intestacy Rules will dictate who will be the Administrator.
  • Beneficiaries – People who are going to inherit from the estate either from being named in the Will or the Intestacy Rules.
  • Trustees – There may be some case when a beneficiary isn’t able to receive their inheritance at the time of distributing the estate. For example, if someone is under 18, they cannot legally own property in the UK. This would mean, if they inherited property, it would have to be placed into trust. A trustee would be responsible for the inheritance until the beneficiary turns 18.
  • A Solicitor – Despite it not being compulsory, having a legal expert to help guide you through the process is highly advised. The probate process has many steps, and it’s easy to miss something if you’re not careful. Disputes may also arise, adding an extra layer of stress. A legal expert can help at every step of the way, creating more emotional space for everyone else involved.

The Stages of Probate

The probate process will be different depending on various factors including: the makeup and value of assets and liabilities of the estate, the people involved and whether someone has left a Will. Each estate will require varying levels of legal guidance and may benefit from specialist advice depending on the complexity. Having an idea of the steps of probate can be helpful for executors, or anyone who wants to broaden their knowledge. The basic process is as follows:

  • Apply for a Grant of Probate
  • Pay Inheritance Tax, if any is due
  • Receive the Grant of Probate
  • Pay any debts
  • Distribute the estate

Following these steps might sound simple, but they can become overwhelming to someone who isn’t experienced in this area of the law. Having a Probate Lawyer in your corner can make all the difference.

When dealing with the emotional overwhelm of grief, trying to navigate through the probate process can seem impossible. There are many stages, and steps to take, along with different parties involved. It’s a lot to take in, and that’s where we come in.

At John M Lewis & Co, we’re here to help you. We understand how times like this can take their toll. We will deal with each case professionally, and sensitively. Get in touch with our probate team today, and see how we can help you.