What is probate?

Probate means having permission to deal with the ‘estate’ of a person who has passed away. The ‘estate’ is everything the person owns, which can include property, money (both cash and money in the bank), shares and personal possessions.

Probate is typically sorted after the funeral arrangements.

When is probate needed?

Probate is needed after someone dies and the rules differ depending on if they had a will or not. Any debts, will be paid off from the estate and any remaining money, property and belongings need to be dealt with and administered to beneficiaries. You may need to apply for probate.

Who deals with probate?

If the person who passed left a will, dealing with probate will fall to the nominated person who is called the executor of the will. It is their duty to identify the assets and debts of the estate and distribute them in accordance with the will.

If they didn't leave a will behind, this can make the process more complex but the estate will be handled by the appointed ‘dying intestate’.

Our team at Dignity Legal Services will help you with probate and guide you through the process.

Do I need to apply for probate?

You may need to apply for probate, but this depends on the size of the estate and the assets within it. If the person who has died hasn't left a will behind, a Grant of Probate, or Grant of Letters of Administration, will allow you to gain access to the assets of an estate so that you can carry out the administration of the estate.

I don't know when probate is needed. What should I do?

If you don’t know whether you need probate, call our dedicated team on 01628 882 182. They will check whether probate is needed and if so, explain how they can support you.

How can Dignity help me with probate?

When you contact Dignity Legal Services, we’ll start by talking through your situation. We’ll be able to give you advice and, if you do need probate, a fixed-fee quote.

We will also:

• Explain the duties of an executor and what to do if there isn’t a will.
• Support with locating and valuing assets, and how to trace missing beneficiaries.
• Explain the rules of inheritance tax.

How long does the probate process take?

It is not unusual for probate to take up to a year, perhaps even longer if things are not straightforward. Many organisations may be involved in the process, for example, banks, building societies, insurance companies and HM Revenue & Customs. Additionally, family discussions can delay affairs being finalised.

How much does probate cost?

Charges can vary between solicitors and high street providers and it can depend on what is involved in administering the estate. Many providers fee will be a percentage of the estate.

If you need probate, Dignity Legal Services will provide a no-obligation fixed-fee quote.

Can I deal with probate myself?

Yes, you can handle both the probate application and estate administration yourself. However, as it can be a lengthy and time consuming process, lots of people opt for specialist support.

Specialist support can also help if you are worried about making mistakes or if an impartial specialist could help to avoid family conflict.

If you would prefer to handle probate yourself, Dignity Legal Services can still give you advice on how to proceed.