Solicitor of the Year Awards 2024
29 Apr, 2024
Posted By: FDC Law
What is Probate?
Want to talk? Request ConsultationProbate is the legal procedure used in England and Wales to administer a person’s estate after their death. It gives someone the authority to collect, manage, and distribute the deceased person’s money, property, and possessions in line with their will or the law.
If the person who has died left a valid will, probate involves applying for a Grant of Probate, which confirms the executor’s legal right to handle the estate.
If there is no valid will, the court issues Letters of Administration, and the estate is settled under intestacy law.
When is probate required?
In England and Wales, probate is usually needed when:
- Property or land was owned by the deceased
- There are bank accounts, investments, or savings above a certain value (each institution sets its own threshold)
- Shares or significant financial assets are held in the deceased’s name alone
- Organisations such as banks request a Grant of Probate or Letters of Administration before releasing funds
How to obtain probate
In England and Wales, obtaining probate involves several steps:
- Identify the executor (if there is a will) or the representative (if there isn't a will)
- Gather financial information
- Complete Inheritance Tax forms
- Apply for the grant
- Receive the grant of representation
An experienced probate solicitor can assist you throughout this sometimes complex process.
Want to talk? Request Consultation
