Probate Solicitors
Losing a loved one is never easy. Being responsible for dealing with their estate can make an already difficult time feel overwhelming.
Our experienced probate solicitors provide clear, compassionate probate advice and estate administration services, guiding you through every stage of the process. From applying for probate to managing assets, tax and distributions, we are here to support you with practical guidance, regular updates and careful handling of every detail.
You do not have to manage probate alone.
Probate and estate administration explained
Probate, formally known as a Grant of Probate, is the legal document that gives authority to deal with a person’s estate after their death. It confirms who is entitled to manage the estate and access assets such as property, bank accounts and investments.
Estate administration is the process that follows. This involves collecting assets, settling debts and taxes, and distributing the estate either in accordance with the deceased’s Will or, where no Will exists, under the intestacy rules.
Where there is a valid Will, the Grant of Probate is obtained and the estate is administered in line with its terms. If you are reviewing or updating your own arrangements, our Wills and estate planning services can help ensure your wishes are clearly documented and legally robust.
The timescale for estate administration can vary significantly. In straightforward cases, matters may be completed within a few months. More complex estates, particularly those involving property, multiple assets or disputes, can take considerably longer to conclude.
How we can help with Probate Services
Our probate and estate administration services are flexible, allowing you to choose the level of support that is right for you.
If you have been appointed as an executor, you are legally responsible for administering the estate. This typically involves:
- Identifying and valuing assets, property and possessions
- Settling outstanding debts, bills and taxes
- Applying for probate or letters of administration
- Collecting assets and managing estate accounts
- Distributing the estate in line with the Will or intestacy rules
Inheritance Tax may be payable depending on the value and structure of the estate. Our trusts and tax planning team can advise on Inheritance Tax liabilities, reporting obligations and mitigation strategies.
If the estate is straightforward and you feel confident managing most aspects yourself, you may only need help applying for probate.
This service may be suitable where:
- Beneficiaries are known and in agreement
- The estate is relatively simple
- There are limited assets or properties
- There are no disputes, overseas assets or complex tax issues
Where an estate includes overseas property or assets, additional legal steps may be required. Our international probate services support clients dealing with cross-border estates and foreign assets.
Not every estate requires a Grant of Probate. Whether one is needed often depends on the type and value of assets involved, and on the requirements of individual banks and financial institutions.
In general:
- Probate may be required where assets held with a single bank or financial institution exceed that provider’s threshold. These thresholds vary widely and are set by each institution individually.
- Probate is almost always required if the deceased owned property in their sole name.
Because thresholds and requirements differ between providers, it is usually necessary to check with each bank or organisation holding assets.
We can help you establish whether probate is needed in your circumstances and advise you on the most appropriate next steps.
Applying for probate: what to expect
Applying for probate involves gathering detailed information about the estate, completing probate and inheritance tax forms, and submitting these to HMRC and the Probate Registry.
Once submitted and any inheritance tax paid, a Grant of Representation is typically issued within four to eight weeks, although delays can occur.
Once probate has been granted, the estate can be fully administered, assets collected, debts settled and distributions made.
Why choose Roche Legal for Probate?
Probate is more than paperwork. We guide you with empathy, patience and care at every stage.
We explain the probate process in plain English, so you always know what to expect and what comes next.
From applying for probate only to full estate administration, you choose the level of support that suits you.
You will receive clear, consistent progress updates and have direct access to your legal team when you need it.
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Frequently asked questions about Probate
Probate can be a very difficult process to navigate, especially when you’re going through a bereavement. We’ve put together a comprehensive list of frequently asked questions to help you understand what’s involved in the process.
If you have a question that isn’t answered here, please don’t hesitate to get in touch. Our experienced probate solicitors will be more than happy to help.
A Grant of Representation is the legal document that gives authority to administer an estate.
- Grant of Probate applies where there is a valid Will
- Grant of Letters of Administration applies where there is no Will
Without this grant, access to assets and accounts is usually restricted.
Specific gifts may be distributed sooner. Residual estates can only be distributed once all debts, taxes and costs have been settled and probate is complete.
Property sales often extend the probate process. While marketing can begin early, contracts cannot be exchanged until probate has been granted.
Foreign assets often require specialist legal advice and can significantly increase complexity and timescales.
We typically provide monthly updates, with additional contact whenever there are important developments. We are happy to tailor communication frequency to your preferences.
Disputes can arise during probate, for example if beneficiaries disagree, a Will is challenged, or concerns are raised about how an estate is being administered. If this happens, it is important to seek legal advice as early as possible.
Our team can provide support and, where needed, involve our specialist probate disputes professionals to help resolve matters efficiently and sensitively.
If the person who died owned assets internationally, this can complicate matters. It is sometimes necessary for us to instruct a consultant who specialises in the relevant country’s law to assist us in assessing, accessing and obtaining the assets in question.
This almost always makes the matter more complex and takes more time to sort out than when all the assets are based in the UK.
If the estate was subject to complicated tax affairs, this can take some time to untangle. Tax may also be a complicating factor if there are difficulties with calculating or meeting the cost of inheritance tax.
The lack of valid Will can also slow the process down. In these cases, we strongly recommend that a professional heir search is conducted. This will ensure that all those who are legally entitled to benefit as per the intestacy rules are identified correctly. These types of searches can take time, especially if the person who died had a large family or family members they’d lost contact with.
We understand you will be eager to receive your inheritance and start benefitting from it. However, we strongly recommend that you do not enter into any binding financial agreements that rely on you receiving your legacy until the money has appeared in your account.
Probate cases can be very unpredictable and it’s impossible to say how long it will take for you to receive your inheritance – or exactly how much it will be – until the estate has been fully wound up.
The threshold over which inheritance tax will need to be paid is currently £325,000. If there is inheritance tax to pay, at least some of the tax bill will need to be paid to HMRC before a Grant of Representation can be obtained.
If there is sufficient money in bank accounts belonging to the estate, banks will authorise this money being released straight to HMRC.
In cases where there is no available cash, it may be necessary to sell property or other valuables in order to meet the cost of inheritance tax. However, you will not be able to complete these sales until you have received a Grant of Representation. In these circumstances the Personal Representatives of the estate may need to pay a portion of the tax yourself or take out a loan to cover it. You will be able to claim this money back from the estate once the Grant of Representation has been obtained.
