Applying for probate

Applying for probate?

Dealing with the loss of a loved one is never easy, and the legal process of applying for probate can feel like an added burden during an already emotional time. We specialise in simplifying probate, offering expert support tailored to your situation. Whether you’re an executor managing a will or handling a complex estate, we'll ensure every step is handled with care, precision, and professionalism.

When is probate required?

Understanding when probate is necessary can save you time and stress during a difficult period. Probate is the legal process that grants the authority to deal with a deceased person’s estate.

However, not every situation requires a grant of probate. Here’s a clear breakdown to help you assess your needs:

Estates above the threshold

For estates valued over £5,000 or involving substantial assets like property, land, or shares, a grant of probate is generally required. This document gives the executor legal authority to distribute the estate according to the deceased’s will.

Inheritance tax considerations

If the estate exceeds the inheritance tax threshold (currently £325,000), probate is necessary to ensure that all legal and tax obligations are met before distributing the assets.

No will (intestacy)

If the deceased person did not leave a valid will, the estate will be distributed according to intestacy rules. In this case, you may need a grant of letters of administration, a process similar to probate, to manage the estate.

Complex or contested estates

Certain situations demand professional advice, such as:

  • When a will is contested.
  • The estate involves trusts or overseas assets.
  • The estate is insolvent (i.e., the debts exceed the assets).
  • Disputes among beneficiaries arise.

When you may not need probate

Smaller estates

If the total value of the estate is less than £5,000 and consists only of cash held in standard bank accounts, probate may not be required. In such cases, banks and financial institutions might release the funds directly after seeing the death certificate and completing their internal processes.

Joint ownership

If most or all assets, such as property or bank accounts, are jointly owned, they typically pass directly to the surviving joint owner without needing probate.

Our probate services

We offer a comprehensive range of probate services to make managing an estate as straightforward and stress-free as possible. Whether the estate is simple or complex, our expert team provides the guidance and practical support you need during a challenging time.

Preparing & submitting probate applications

The probate process begins with applying for a grant of probate or letters of administration. Our team ensures all necessary forms are completed accurately, including HMRC tax returns, to avoid delays or rejections.

Estate valuation & asset management

We help executors gather information about the estate’s assets and liabilities, including property, investments, bank accounts, and debts. Our expertise ensures valuations are precise and compliant with legal and tax requirements.

Inheritance tax advice & payment

For estates exceeding the inheritance tax threshold, we calculate the liability and assist in arranging payments. Our team ensures the correct reliefs and exemptions are applied, potentially saving thousands of pounds.

Estate administration

Once probate is granted, we guide executors through their duties, including:

  • Collecting and distributing assets to beneficiaries.
  • Paying outstanding debts and taxes.
  • Managing ongoing responsibilities such as trust arrangements.

Resolving complex issues

Probate isn’t always straightforward. We offer tailored support for challenging situations, such as:

  • Disputes over the will’s validity.
  • Managing insolvent estates.
  • Handling trusts or international assets.

Support for executors & administrators

Acting as an executor or administrator carries legal responsibilities. We ensure you understand your duties and provide professional advice to protect you from personal liability.

Simplifying the probate process

We understand how difficult probate can feel, especially during an emotionally challenging time. That’s why we aim to make the process as straightforward as possible, handling every step with professionalism and care.

Below is an overview of the typical probate process and how we can assist you at each stage.

Step 1: Initial consultation & assessment

Our probate service begins with a detailed consultation to understand the estate and its complexities. This includes:

  • Reviewing whether a grant of probate or letters of administration is required.
  • Identifying the assets and liabilities of the estate.
  • Advising on potential tax obligations, such as inheritance tax.

During this stage, we clarify your role as executor or administrator and outline your legal responsibilities.

Step 2: Gathering essential documents

To apply for probate, specific documents must be collected, including:

  • The original will (if one exists).
  • Death certificate.
  • Valuations for assets such as property, savings, investments, and personal possessions.
  • Details of outstanding debts, including loans and mortgages.

We liaise with banks, financial institutions, and HMRC to ensure all relevant information is obtained accurately.

Step 3: Preparing 7 submitting the probate application

Applying for probate involves submitting legal forms to the Probate Registry. This includes:

  • Completing the PA1P form (for estates with a will) or the PA1A form (if no will exists).
  • Filing inheritance tax returns with HMRC (if applicable).

Our solicitors ensure these documents are completed correctly to prevent unnecessary delays or queries from the Probate Registry.

Step 4: Grant of probate or letters of administration

Once the application is approved, the Probate Registry issues the grant of probate (or letters of administration). This legal document gives the executor or administrator authority to manage the estate, including:

  • Selling or transferring property.
  • Closing bank accounts.
  • Cashing in investments.

Step 5: Paying debts & distributing the estate

After receiving the grant, our team assists with:

  • Settling outstanding debts, such as utility bills, loans, and taxes.
  • Distributing the remaining assets to beneficiaries in line with the will or intestacy rules.
  • Ensuring transparency in communication with beneficiaries and record-keeping.

Step 6: Resolving complications

Some estates encounter unforeseen complications, such as disputes over the will or insolvency issues. Our experienced team is equipped to:

  • Handle contested probate cases.
  • Navigate the administration of estates involving trusts or international assets.
  • Provide robust legal advice to resolve disputes efficiently.

Words from our clients

The help, guidance and professionalism received from Anthony Gold throughout our Probate case was excellent. From initial consultation to final completion, Umar kept us up-to-date on progress at every stage, whilst performing his legal duties in an understanding, sensitive, compassionate and empathetic manner.

Wills, Trusts and Estates Client

I had a messy probate ‘war’ which lasted years and after being failed by my local solicitors I was recommending Anthony Gold. I could not have been happier with the guidance I had, and the clarity of my choices explained by a kind human solicitor. Nothing feels better than trusting your solicitor. Eternally grateful.

Wills, Trusts and Estates Client

Anthony Gold Solicitors dealt with probate instruction, in a professional yet caring manner during difficult time not helped due to virus issues, the communication was excellent, Thank you.

Wills, Trusts and Estates Client

Why choose us?

Expertise you can rely on

Our solicitors are highly experienced in all aspects of wills, trusts, and probate law. Whether dealing with simple or complex estates, we bring clarity and confidence to the process.

Tailored support

No two estates are the same. We tailor our services to your unique needs, offering as much or as little support as you require.

Minimising stress & delays

Probate can be time-consuming and stressful. By letting our team manage the process, you can focus on what matters most while we handle the legal and tax complexities.

Transparent pricing

We recognise the importance of financial transparency, especially during the probate process. At Anthony Gold Solicitors, we provide clear, upfront costs with no hidden fees, so you know exactly what to expect. Learn more about our fees for uncontested probate cases.

Speak to the team today

Applying for Probate: FAQs

When do you need probate if there is a will?

You’ll need probate if the estate includes property, land, or significant assets, or if its value exceeds £5,000. Probate gives the executor legal authority to manage the estate. If most assets are jointly owned, probate may not be necessary.

Can probate be avoided for small estates?

Probate can often be avoided for small estates under £5,000 or those without property or investments. Banks and institutions may release funds with a death certificate and simple forms, but thresholds vary by provider.

How do I know if I need a grant of probate or letters of administration?

A grant of probate is required if there’s a valid will and you’re named as the executor. If no will exists, or the executors cannot act, letters of administration will be needed to manage the estate and distribute assets.

How long does it take to get a grant of probate in the UK?

It can take up to 16 weeks to receive a grant of probate after submitting the application. Delays can occur if documents are incomplete, or the estate is complex or contested.

What are the responsibilities of an executor during probate?

Executors handle the estate, including valuing assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. They must follow the will’s instructions and act in the estate’s best interests while maintaining clear records.