Dealing with the loss of a loved one is one of life’s most difficult experiences, and if you are also facing the daunting task of managing their estate, the probate process can seem overwhelming.
Bridge McFarland LLP recognises these concerns, but with the right guidance and support, you don’t have to face it on your own.
We have been helping clients across Lincolnshire and East Yorkshire navigate probate for over a century, and we know how important it is to handle estate administration with care, sensitivity, and efficiency.
In this article, our Probate team explains the basics of the probate process, what is involved, and when it is needed. We also explain how regulated, professional legal support can help carry out your loved one’s wishes, whilst protecting yourself from potential complications.
What is Probate?
Probate is a Court certificate proving that the Will is the correct one and identifying the Executor named in the Will as having authority to act. Where there is no Will, the Grant is called Letters of Administration. Once the grant has been obtained, the process then involves other tasks such as collecting and valuing the deceased person’s assets, paying any outstanding debts and taxes, and distributing what remains to the beneficiaries named in the Will (or according to intestacy rules if there is no Will).
When is Probate Needed?
Not every estate requires probate. Typically, you would need to apply for probate if the deceased owned:
- Property or land in their sole name.
- If the estate includes significant shares or savings held in their own name.
- If there are certain insurance policies or investments involved.
- If the estate is valued above a certain threshold (which can vary depending on bank or building society).
You may not need probate if the deceased:
- Had assets passing by way of ‘survivorship’ – these are typically joint assets such as a joint bank account or a jointly owned property. These types of assets do not require a Grant and pass automatically to the surviving owner.
- Had assets under a certain value.
Each bank, building society, and financial institution has its own threshold for releasing funds without probate, so it is worth checking early in the process. You can also read our previous article for further information: Administering an Estate – when you do and do not need to apply for a Grant of Probate.
The Probate Process: Key Steps to Be Aware Of
The probate process typically involves several key stages, including:
1. Obtaining the Death Certificate
Before you start the process, you will need the original death certificate or an interim death certificate from the coroner to enable you to obtain a grant of probate or letters of administration. It is advisable to obtain several death certificate copies at this stage, as various institutions will likely require a copy.
2. Locating the Will
If the deceased left a Will, you’ll need to locate the original document. Often, a copy is kept with the solicitor who prepared it, with a bank or online. You can also check whether it has been registered online on the National Will Register. If you cannot find a Will, or the deceased did not have one, the estate will be distributed according to intestacy rules.
3. Identifying the Executors or Administrators
The Will names the Executors, and if there is no Will, the closest living relatives can apply to be Administrators.
4. Executor or Administrator Duties
An Executor (or Administrator where there is no Will) has to safeguard the deceased person’s assets, insure them, value them, trace them, deal with applying for Probate, deal with taxes, pay debts and costs, “call in” or cash them, and pay what is left to those who are properly entitled. This may involve bankruptcy searches, identity checks and accounting. Being an Executor carries significant legal responsibilities, and many people choose to instruct a solicitor to handle the administration on their behalf or to support them through the process. Read further information on Executor Duties in our previous articles:
Estate Administration: What Executors Need to Know About Their Legal Duties
Administering an estate – what are my duties as an Executor?
5. Preparing Estate Accounts
Before making final distributions, it’s good practice to prepare estate accounts that show all income, expenditures, and distributions. Beneficiaries are entitled to see these accounts, and they provide protection if your administration is ever questioned.
What Are Some of the Common Challenges in Probate?
Even if an estate seems straightforward, there are a few common challenges that can make the process more difficult. These include:
- Property sales – if the deceased owned property that is not automatically going to a spouse or surviving joint owner, you may need to sell it to pay debts or distribute the proceeds. Probate property sales can take time and may require further legal assistance for conveyancing.
- Complex assets or businesses – Estates that involve business interests, trusts, overseas property, or agricultural land require specialist legal knowledge and careful handling of the estate.
- Disputes between beneficiaries – Probate disputes (also known as contentious probate) are on the rise and typically occurs when someone is disputing the contents of the Will or if there are questions about the Will’s validity. Read our blog, ‘The Rise of Contentious Probate Matters’ for related information. Additionally, the estate may face claims under the Inheritance (Provision for Family and Dependants) Act 1975 from individuals who believe they should have been provided for in the Will, or who have not received what they expected. Read, ‘Can I Make a Claim Under The Inheritance Act 1975?’.
- Missing Beneficiaries or Creditors – Sometimes, beneficiaries cannot be located. You may need to conduct searches or take out insurance to protect yourself from future claims. It is also advisable to place notices in the London Gazette and a local newspaper. This protects against unexpected claims from unknown creditors. When enlisting the help of a solicitor or probate practitioner, they will guide you through the process and ensure that these stages are completed for you.
- Tax Complications – It is crucial to calculate and pay the correct amount of Inheritance Tax (IHT). For larger or more complicated estates, this can feel like a daunting task.
Even if you do not require a Grant of Probate and believe that administering the estate will be straightforward, it is sensible to instruct an experienced professional to advise you. Many people underestimate how complex and time-consuming estate administration can be. While it is possible to handle probate yourself, assistance from our legal teams at Bridge McFarland LLP can:
- Save time and reduce stress at an already difficult time.
- Ensure forms are completed correctly and on time.
- Protect you from personal liability as an Executor or Administrator.
- Handle disputes sensitively and professionally.
- Provide clarity on legal duties and obligations.
- Provide related services such as conveyancing where necessary.
How Bridge McFarland Can Help
Our Private Client and Probate teams across Lincolnshire and East Yorkshire provide comprehensive support tailored to your circumstances. We can help with a range of services, including:
- Full Estate Administration
- Executor Support Services
- Dispute Resolution for Wills, Trusts, and Probate Disputes and Inheritance Act Claims
- Specialist Advice for Complex Estates – including for those involving farms, businesses, or overseas assets. Our Agricultural & Rural Business Law specialists can provide the expertise needed.
What Our Clients Say
“Just to say thank you for your first class service with dealing with my brother’s estate. It was professionally done and we were kept up to date all the way through” – R Harrison estate, posted on Review Solicitors.
Useful Resources
Gov.uk – Applying for Probate: Guidance on the probate application process. https://www.gov.uk/applying-for-probate
HM Revenue & Customs – Inheritance Tax: Information on IHT thresholds and allowances. https://www.gov.uk/inheritance-tax
Bereavement Support Services: Organisations like Cruse Bereavement Support provide emotional support during difficult times. Local help and support groups in Lincolnshire can be found here: Lincolnshire County Council – Bereavement Help and Support.
