Understanding the Process of Probate

Probate is a term you might hear after someone passes away, especially if they have left behind property, money, or other assets. In simple terms, probate is the legal process of dealing with a deceased person's estate—this includes everything they owned at the time of their death.

The Purpose of Probate

When someone passes away, particularly if they had a Will in place, probate is the process through which that Will is reviewed and validated by a Court. The goal is to ensure that the deceased person’s assets are distributed according to their wishes (as outlined in their Will), or according to the rules of intestacy if there is no will; please click this link for more information in relation to the consequences of dying without a Will.

The process of probate also involves identifying the deceased person’s assets, paying off any debts or taxes they owed, and then distributing what is left to the rightful beneficiaries.

Who Handles Probate?

The person in charge of managing the estate is called an executor (if named in the will) or an administrator (if there is no will). The executor has the legal authority to act on behalf of the estate. Their job includes:

•    Gathering and valuing the assets;
•    Paying debts, taxes, and other expenses;
•    Distributing assets to the beneficiaries.

If there is a Will, it usually names the executor. If there is not one, usually a close relative, such as a surviving spouse or child, can apply to be the administrator of the estate.

When is Probate Required?

Probate is not always necessary. Whether it is required usually depends on the nature of the deceased person’s assets. In many cases, small estates can bypass probate entirely through simplified procedures.

How Long Does Probate Take?

Probate can take anywhere from a few months to over a year, depending on the size and complexity of the estate, and whether there are any disputes in relation to distributing the estate. A delay may occur due to numerous factors, a few to name could be due to:

•    Missing or unclear documents;
•    Debts or taxes that need to be paid;
•    Disagreements among beneficiaries.

While the thought of probate may seem intimidating, it is really just a formal way to make sure everything is handled appropriately after someone passes away. With effective planning, it can be a smooth and straightforward process. 

If you require any assistance with probate or estate planning, please get in touch with our Private Client Team on 0330 300 1103.