What probate involves
- Finding the will (if there is one) and valuing the estate.
- Reporting the estate to HMRC and paying any inheritance tax.
- Applying for a grant of probate (if there is a will) or letters of administration (if there is not).
- Collecting money from banks and pensions, selling or transferring property, and paying debts.
- Preparing estate accounts and distributing the estate to beneficiaries.
Do you need a solicitor?
You can apply for probate yourself, and simple estates are often handled by family members. A solicitor is worth considering if the estate includes property or investments, inheritance tax is payable, there is a business or overseas assets, the will is unclear, or family members disagree. Executors can be personally liable for mistakes, so getting advice can protect you.
How probate solicitors charge
Fees may be hourly, fixed for the probate application only, or (less often now) a percentage of the estate's value. SRA-regulated firms must publish price information for uncontested probate, so you can compare. Legal fees are normally paid from the estate, not by the executor personally.
Questions to ask a probate solicitor
- Can you handle just the court application, or do you only take on the whole estate?
- How will you charge: hourly, fixed fee or a percentage of the estate?
- How long before beneficiaries are likely to receive anything?
- What should I do now to protect the property and accounts?
Frequently asked questions
How long does probate take?
Getting the grant can take several weeks to a few months after the application is submitted. Fully administering an estate commonly takes 9 to 12 months, or longer if property must be sold.
Is probate always needed?
Not always. Small estates, or assets held jointly that pass automatically to the survivor, may not need a grant. Each bank or organisation sets its own limit.
Can I challenge a will?
Yes, in some circumstances, for example if you were financially dependent on the person who died, or you believe the will is invalid. Strict time limits apply, so take advice quickly.