What is Probate and How Does it Work? | Probate Solicitors

When an individual passes away, their estate must be valued, outstanding debts settled and the remaining assets distributed among their lawful beneficiaries. Depending on the nature of the estate and the family’s circumstances, this process can range from straightforward to highly complex or contentious.

In this guide, our probate solicitors provide simple answers to the most common questions that we get asked about probate, including what it is, how long it takes, and what to expect at each stage of the process.

With over 225 years of experience behind us, we help our clients navigate wills, trusts, and probate with clarity and confidence.

If you need tailored support or advice, contact our team of probate solicitors in Cheshire and Shropshire by calling 01270 624 225 or emailing enquiries@hibberts.com

What is probate?

In the UK, probate is the legal process that gives someone the authority to deal with a deceased person’s estate – that is, all their property, money, possessions and debts.

When is probate required?

Probate is not always needed after someone dies – it depends on what assets the person has left behind.

You’ll usually need to apply for probate if:

• The person who died owned property or land in their sole name – you cannot sell or transfer property without a grant of probate (or letters of administration if there is no Will)
• There are significant assets held solely in the deceased’s name – this includes money in bank accounts. Each bank sets its own threshold for when probate is needed before releasing funds
• The deceased had stocks, shares or investments

You can find out whether you need to apply for probate by contacting the financial organisations that the person who died used (e.g., their bank or mortgage company).

Probate is not usually needed if:

• Assets were jointly owned (these assets will automatically transfer to the surviving owner).
• The estate is very small.
• The person who died only had state benefits, pensions, or small personal items.

Who can apply for probate?

If there is a Will, the person (or people) named in the Will as executors have the legal right to apply for probate. If the named executor does not wish to act, they can renounce (formally step down) or allow another executor to apply. Without a Will, it is the responsibility of the closest living relative.

Is probate required when there is no will?

When a person dies without a will, they are said to have died intestate, and the laws of intestacy then decide who administers and inherits the estate. As no executor is appointed, a close relative must apply for a legal document called letters of administration, instead of a grant of probate.

Although they have different names, the two documents essentially do the same thing – allow the named person to administer the estate.

It can take longer to administer an estate without a Will because rules of intestacy determine who inherits, and these rules don’t always recognise modern family structures.

What are the stages of probate UK?

Depending on the size and complexity of the estate, probate can be a lengthy process, taking months, sometimes even years to complete. Let’s find out more about what happens during this time.

The probate process can be roughly split into five key stages.

1. Value the estate

First, the estate must be valued. This involves gathering information and documents about the deceased’s assets and liabilities to help calculate the overall value of the estate.

You can find information about how to value an estate on the GOV.UK website.

At this stage, the people entitled to inherit from the estate should also be identified under the terms of the will or the rules of intestacy.

2. Send full details of the estate’s value to HMRC (if required)

Once the estate has been valued, you must determine whether or not you are required to submit information to HMRC or pay inheritance tax.

If inheritance tax is due, you have six months from the date of death in which to pay the amount due. You have one year from the date the person died to report the estate’s value to HMRC.

You cannot apply for probate until this step is complete.

If no inheritance tax is due and the estate qualifies as an “excepted estate”, you can usually skip this step.

3. Apply for a grant of probate or letters of administration

Once HMRC has processed your forms and confirmed receipt, you’re ready to apply to the Probate Registry for the grant of probate or the grant of letters of administration – you can either do this online or by post.

4. Collect Assets/Pay debts and expenses

After receiving either the grant of probate or letters of administration, you can begin to administer the estate.

The first step in this process is to collect in the assets such as closing the deceased’s bank account or selling the property. Before distributing anything to beneficiaries, the executors much then settle any outstanding debts and pay the estate administration expenses, including any further inheritance tax or other taxes that may be due.

5. Distribute assets

With all debts settled, the executor or administrator can then distribute the balance of the estate to the beneficiaries as outlined in the will or by the rules of intestacy.

How long does probate take UK?

One of the most common questions our probate solicitors are asked is “how long does probate take to be granted?”.

It’s an understandable concern; no one wants the process to drag on unnecessarily, but the timeline is different for each individual case.

For small and straightforward estates, probate can often be completed within 6 months. However, larger or more complex estates can take a year or more to finalise.

Average probate timeline

• Step 1 – Value the estate – (6-8 weeks)
• Step 2 – If necessary prepare and submit tax forms to HMRC – (1-3 weeks)
• Step 3 – Wait for a reply and code from HMRC – (4-6 weeks)
• Step 4 – Complete the probate application form and submit it – (1-2 weeks)
• Step 5 – Receive the grant of probate or letters of administration (8-16 weeks)
• Step 7 – Collect assets, pay debts, distribute estate to beneficiaries (3-12 months)

What factors can delay probate?

Even when dealing with the most straightforward of estates, probate can take longer than expected.

Here are some of the most common reasons probate is delayed.

• The will is missing, invalid, or unclear.
• Delays at HMRC.
• Backlogs at the Probate Registry.
• Difficulty locating assets or paperwork.
• Disagreements between executors or beneficiaries.
• Someone contests the will.
• Delays caused by selling property.
• Errors in the application.

Although some aspects of the probate timeline are out of your control, there are steps you can take to help things run as smoothly as possible. Being organised with documentation, seeking professional advice, and always responding to queries from your solicitor, HMRC, and the Probate Registry promptly can all help to keep things moving along smoothly.

How long after probate is granted does it take to receive inheritance?

Even after probate has been granted, it is likely to be three to six months, sometimes even longer, before beneficiaries receive their inheritance.

This gives the executor or administrator time to collect the assets, close bank accounts, sell property or shares, settle debts, pay expenses, and calculate how the final balance is to be divided.

Do you need a solicitor for probate?

While it is possible to apply for probate yourself without the help of a solicitor, the real question is, is it wise to do so?

For many people, the time after someone dies is very emotional and difficult. There’s usually a lot to organise and think about, from practical arrangements to supporting family members – all while coping with personal grief. Most people do not have the time or mental capacity to also take on a complex legal process.

Not only can the probate process be complicated and time-consuming to manage, but it can also be risky if you do not understand the intricacies of probate law. If you make a mistake when valuing the estate, reporting information to HMRC, or applying for probate, it can cause delays, penalties, or even personal financial liability.

At Hibberts Solicitors, we can provide you with expert representation throughout the probate process to protect and secure your interests and ensure things run as smoothly and efficiently as possible.

Why choose Hibberts probate solicitors Cheshire?

At Hibberts Solicitors, we are proud to provide trusted and professional probate services throughout Cheshire, Shropshire, and further afield.

We have been supporting individuals across Crewe, Nantwich, Tarporley and wider Cheshire since 1799, giving us over 225 years of experience helping clients navigate the probate process.

Our practical, compassionate, and personal approach ensures the process is as straightforward and stress-free as possible.

If you need help applying for probate or resolving a probate dispute, contact us today by calling 01270 624225 or emailing enquiries@hibberts.com