Property owned in the sole name of the deceased
If the deceased owned a property in their sole name, probate will be required, and the property will need to be professionally valued before you can apply.
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Probate is a legal document that proves the validity of a Will and grants an Executor the authority to administer the deceased’s estate. Probate is also used to describe the process of dealing with the deceased’s property, money, debts, and possessions. If there is no Will, the deceased’s next of kin can apply to be an Administrator, granting them the authority to carry out this process.
Applying for Probate may be necessary before any asset transfers or distributions can occur, so it is best to check before making plans.
Not every estate requires probate. Typically, if the estate is small or assets were owned jointly, such as a joint bank account or a property owned as joint tenants, it may not be needed at all.
However, probate is usually required in the following situations:
If the deceased owned a property in their sole name, probate will be required, and the property will need to be professionally valued before you can apply.
Each person owns a distinct share that does not pass automatically, so probate is required to manage or transfer that share to a new owner.
Every financial institution sets its own probate threshold, with limits typically ranging between £5,000 and £50,000.
Probate is required when an estate includes stocks and shares.
This includes things like a valuable art collection, antiques, or a business.
If there’s no Will, you won’t apply for probate itself, but you may still need a Grant of Letters of Administration to deal with the estate. The process is similar, and we can help with that too.
Only the named Executors can apply to administer an estate if there is a Will. If there is no Will, the deceased’s next of kin must apply to be an Administrator.
The order of who can apply to act as an Administrator is:
Applying for a Grant of Probate can take up to 16 weeks if you use a professional, and even longer if you make a personal application.
It can take between 6 and 12 months to complete the entire estate administration process, with complex estates taking longer.
No, you don’t have to act as an Executor as long as you haven’t started carrying out estate duties (known as intermeddling) and probate hasn’t been granted in your name.
If you do not want to act, there are several options available:
Once you begin acting, you are legally considered to have accepted the role and responsibilities of an Executor, and at that point, you cannot simply walk away.
If you are a named Executor in a Will, you can be held legally and financially responsible if you fail to carry out your duties correctly, even if they are genuine mistakes.
You’ll have a dedicated case handler who will guide you through the estate administration process, liaise with institutions, and manage communication. However, we ensure that any regulated activities, such as applying for the Grant of Probate, are completed by a fully authorised solicitor.
The two roles are very similar as they are both personal representatives of the deceased’s estate; they are just appointed differently. An Executor is appointed through a valid Will, and an Administrator is appointed after applying for the role.
For support with Wills, Trusts, LPAs or Probate, please complete our contact form and we will get back to you as soon as possible.