Frequently Asked Questions

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Frequently Asked Questions *

I am always happy to answer any questions you may have however, to save you some time, and money I’ve put together the most frequently asked questions about probate. If your answer is not listed here simply contact me. Every situation is different, every experience individual.

  • The word probate covers everything to do with the will, alongside proving entitlement and handing over the authority to an executor to deal with the estate. Whether it is necessary will depend on several factors such as the value of the estate, some assets don’t require probate, some financial institutions insist on probate.  We will be able to discuss the assets of the estate and advise you on whether the grant of probate is necessary. 

  • No, not all bereaved will need, or be eligible for, probate. This all depends on the amount of assets, the value, whether a will was made and the wishes of the deceased. If you are at all confused as to whether you need probate or not, please call me for a free initial chat.

  • I combine a thoughtful, human-centered empathetic approach with clear communication and legal expertise. Compassion and law can exist in the same service and I’m here to make sure they do.

  • Some financial institutions will insist on probate. If this is the case we can discuss your options and the best way forward for you and your family. At every step I am here to ensure you conserve money, save time, and keep everyone informed, from family members to the government in order to make this as painless as possible.

     

  • If there is a surviving spouse and only joint assets then probate is not needed. It is best to chat through your options to decide the best way forward.

  • A grant of probate is the name or title of the will that authorities use, if there are executors named on it.

  • Letters of administration is the name given if no will is present or if the executors cannot act. This is also called Intestacy

  • You can apply for probate yourself through the Gov.uk website. It does take some time and not all applications are accepted. You don’t need a solicitor to apply for probate, although some with extra funds, prefer one to dot the I’s and cross the T’s. I can guide you through the process or you can find the relevant forms online.

  • Although you can find the forms on the gov.uk website you may have to submit your application via the post. The form used us a PA1P – if you have a will. If you don’t have a will you will need the form PA1A

  • Patience is a virtue where matters of probate are concerned and there is no quick fix. At the moment an online application may take between 8 to 12 weeks, but simple applications may be quicker. 

    A postal application takes longer and at present, that timeline is up to 16 weeks.  

    Submitting the right documents and information at the outset helps to eradicate any delays. When we chat I can make sure you have included everything you need to for your application to be straightforward. The information needed can take time to gather in itself, so I would advise to expect this stage to take between 6 to 12 weeks before the application is made.

    If you to submit an inheritance form and pay inheritance, then you extend the pre-probate timescale to 10 to 16 weeks.

    Don’t worry, together, we will check which process you need to follow and help you obtain the grant in the quickest time possible.   

     

  • There is a fixed fee for the application which is:

                •          Application fee: £300 (as of 2025) if the estate is over £5,000.

                •          Extra sealed copies of the grant: £1.50 each.

    Solicitors will charge additionally for their time and expertise if you decide to go ahead and hire one.

  • Yes. You can apply yourself.  But the administration of an estate and probate application is a legal process which imposes legal obligations (such as a personal liability for any loss to the estate) and time limits on the executors.  So, you may want to obtain some initial advice from The Probate Helper, so you are fully aware of your duties before proceeding.  

    Many families use solicitors for complex estates, tax issues, or disputes.

  • The estate is dealt with under intestacy rules, which set out who inherits (usually spouse/civil partner, then children, then other relatives).  Before taking any steps please do obtain advice on who inherits and who can apply for the grant.  It is a common misconception that a married partner will automatically inherit but unfortunately, they are not a beneficiary in the intestacy rules. 

    • With a will: the named executors.

    • Without a will: the closest relative (starting with spouse/civil partner, then children). 

    • Collect all assets.

    • Pay debts, taxes, and expenses.

    • Distribute what’s left to beneficiaries.

    Executors must act honestly and keep clear records. This is why the deceased often choose someone they can trust.

     

  • Yes, HMRC requires tax to be paid (or part paid) before you can apply for the grant.  The banks (and some financial institutions) will release money directly to HMRC to pay the tax. 

    If a share of a property is included in the estate, then some of the inheritance tax can be paid in 10 annual instalments.  But HMRC will add interest to the unpaid tax from the end of the sixth month from the date of death. 

  • Some assets are easy to value for example a bank account will be the date of death absence and accrued interest. 

     

    Property, shareholdings and investments are more complicated.  If you have these assets, then obtain advice on how they should be valued because you may be okay with a free valuation or estimate rather than a paid valuation.  The options on how to value an asset can be dictated by the value of the estate and if it is taxable. 

    Once all the assets have been valued, they are added together, and this is the gross estate.  The allowable debts such as mortgages, loans, and funeral expenses are deducted to calculate the net estate. 

  • Every situation is different so you are bound to have questions specific to your situation. That’s why my first 30 minutes is free, so you can ask the questions you need to decide whether you need assistance from me, The Probate Helper, or if you can do this alone. Simply hit the button at the top of the page and follow the prompts. We’ll be on the phone in no time at all.