Probate FAQs – Get the Answers You Need
🔹 General Probate Questions
Probate is the legal process of handling a deceased person’s estate. It ensures that debts are paid, and assets are distributed correctly. It’s required if the deceased owned property or had significant financial assets in their name.
Probate is not always needed. If the estate is small, assets are jointly owned, or everything is held in trust, you may not require it. Our team can help assess your case.
You can check if probate is required by reviewing the estate’s assets and ownership structure. We offer free initial assessments to help determine this.
🔹 Probate Process & Timeline
On average, probate takes 3 to 9 months, but it can be longer if the estate is complex or disputed.
The probate process typically includes:
1️⃣ Assessing the estate & determining if probate is needed.
2️⃣ Applying for a Grant of Probate.
3️⃣ Settling debts, taxes, and legal matters.
4️⃣ Distributing assets to beneficiaries.
Yes! Using professional probate services ensures documents are filed correctly, reducing delays. Hiring a solicitor or probate specialist can also help avoid errors.
🔹 Costs & Fees
Costs depend on the estate’s value and complexity. Fees include:
- Court Application Fee: £273 (if estate > £5,000).
- Solicitor Fees: From £750 to £5,000+ (varies by service).
Fixed-Fee Probate Services: We offer affordable fixed-fee probate with no hidden charges.
Some firms charge hourly rates or percentage fees. We provide transparent, fixed pricing for peace of mind.
Yes, you can apply directly, but mistakes can cause delays or rejection. Many choose professional services to avoid legal complications.
🔹 Probate Without a Will
If there’s no will, the estate follows intestacy laws—meaning assets go to the closest relatives in a set order (e.g., spouse, children, parents).
The next of kin (e.g., spouse or child) can apply for Letters of Administration, which is similar to probate.
No, unmarried partners don’t automatically inherit unless specified in a will. Making a will is crucial for protection.
🔹 Property & Inheritance
If the house was solely owned, it becomes part of the estate and may need to be sold to distribute assets. If jointly owned, it may pass directly to the other owner.
You can list a property for sale, but the sale cannot be completed until probate is granted.
Inheritance Tax is 40% on estates over £325,000, but many exemptions apply. We can help with IHT planning.
🔹 DIY vs. Solicitor Probate
Yes, but it requires dealing with legal forms, tax, and estate management. Professional help avoids errors and speeds up the process.
✔ Avoids legal mistakes
✔ Speeds up estate distribution
✔ Reduces stress for family members
✔ Ensures tax efficiency
Yes. Disputed wills, complex estates, or disagreements require legal expertise to avoid costly legal battles.
📞 Still Have Questions? We’re Here to Help!
💬 Call us for a free probate consultation – get expert advice today!
📩 Send us your question, and we’ll respond within 24 hours.