When you need to apply for a Probate and when you don’t

July 2024

Many people don’t know very much about the process of winding up an estate until someone they know dies and they find themselves responsible for carrying out the process themselves. 

If you’ve been given the task of administering an estate – or if you wish to prepare for this eventuality in advance – here are the key things you’ll need to know before you begin. 

Acting as a personal representative for an estate is a big responsibility 

The first thing you need to know about the task of administering someone’s estate is that it is a big responsibility. Not only could there be a great deal of work involved, you will also be taking on a personal liability for any mistakes that may be made.  

Because of this, it’s important to ensure you manage the role very carefully and seek professional support where appropriate.  

Probate has two meanings 

Some of the confusion around the process of probate can be due to the fact that the word is used interchangeably for both the overall job of administering an estate and for a specific document that’s part of the process. 

The executors of an estate often need to apply for a Grant of Probate, which is a certificate issued by the Probate Registry. This grant can be used as evidence that the executors have the right to act on behalf of the estate. Banks and building societies will generally need to see a Grant of Probate before they will allow executors to access the estate’s accounts.  

In cases where the person who has died has not left a valid Will and their estate is being administered according to the intestacy laws, the personal representatives will need to apply to the Probate Registry for a Letters of Administration grant, which fulfils the same role as a Grant of Probate.  

Not all estates will require a Grant of Probate or Letters of Administration 

Depending on the circumstances of the estate you are winding up, it may not be necessary to apply to the Probate Registry at all. For some smaller, simpler estates, it is sometimes possible to complete the winding up process without a grant.  

This often applies to estates that are worth less than £10,000 and do not involve any property. However, this is down to the discretion of whichever banks, building societies or other organisations the person who has died held accounts with. Each organisation will have different policies regarding allowing personal representatives access to accounts without a grant.  

A grant will always be required if you will be selling or transferring ownership of property. 

There are strict steps to the process 

It’s important to understand that there are clear steps to the process of administration and that these generally need to be carried out in the correct order. If tasks are carried out in the wrong order, this can lead to greater confusion and complexity at best, or to you being financially responsible for the mistake at worst.  

If you aren’t sure where to start, you may benefit from downloading our complimentary eBook: What to Do When Someone Dies; A Guide to Your Legal Responsibilities.  

The probate period may take much longer than you expect 

The circumstances of every estate are different, and it’s impossible to tell how long each one will take to wind up before you begin. In the case of some very simple estates, the whole process may only take a few months, especially if no grant is required. However, administering more complex estates – or estates with property to sell – could take a year or longer. 

If you need to apply for probate, it’s important to take into account significant delays at the Probate Registry. Most online probate applications are now taking up to five months to be granted, and in some cases this can take significantly longer.  

There is support available 

If you’re at all uncertain about taking on the responsibility of administering an estate, we’d recommend seeking expert advice. A specialist probate solicitor will be able to assist you wherever you are in the process, whether you’re seeking general guidance on where to start or whether you’ve uncovered a situation you aren’t sure how to handle. An experienced solicitor will also be able to help to protect you from any possible personal liability for the estate. 

Some people decide against seeking professional help with probate because they’re worried about the cost. The good news here is that there are a wide range of levels of support available. You’ll almost certainly be able to benefit from professional expertise in some way, even if you have a relatively low budget.