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Understanding Probate in the UK

When and why you need It

Natalie Butt, Director, Private Clients

Probate is a legal process that grants someone the authority to manage the estate of a deceased person. This includes handling their property, money, and possessions.

Here’s a comprehensive look at what probate is, when you need to apply for it, and the differences between having a will and not having one.

Probate is the legal process of dealing with someone’s estate after they die. It involves proving in court that a deceased person's will is valid (if there is one) and confirming the executor's authority to distribute the estate according to the will's terms. If there is no will, probate involves appointing an administrator to manage and distribute the estate according to the laws of intestacy.

When do you need to apply for Probate?

You typically need to apply for probate if the deceased person owned property, had significant assets, or if financial institutions require it to release funds. Here are some common scenarios where probate is necessary.

Property ownership: If the deceased owned property or land solely in their name or as tenants in common.
Financial assets: If the deceased had bank accounts, investments, or other financial assets that require a grant of probate to access.
High-Value estates: If the deceased owned shares in their own name or had more than £30,000 in the bank.

Differences between Probate with a Will and without a Will

The probate process can differ significantly depending on whether the deceased left a will.

With a Will

Executor: the will usually names an executor, who is responsible for managing the estate. The executor applies for a grant of probate.
Distribution: the estate is distributed according to the wishes expressed in the will.
Legal authority: the executor has the legal authority to deal with the deceased’s assets, pay off debts, and distribute the remaining estate to the beneficiaries named in the will.

Without a Will (intestate)

Administrator: if there is no will, the court appoints an administrator, usually the closest living relative, to manage the estate. This is known as applying for letters of administration.
Distribution: the estate is distributed according to the rules of intestacy, which prioritise spouses, children, and other close relatives.
Legal authority: the administrator has similar responsibilities to an executor but must follow the intestacy laws to distribute the estate.

Key points to remember

Probate is not always required: if the estate is small or assets are jointly owned, probate may not be necessary.
Inheritance Tax: before applying for probate, you must value the estate and determine if inheritance tax is due.
Support: the probate process can be complex, and seeking advice can help ensure everything is handled correctly.

At Crowe, we pride ourselves on guiding you through each step, explaining clearly and concisely what is required, how and when to collate the necessary information. We will break the process down into manageable steps so that it doesn’t seem quite so overwhelming and put your mind at ease so you can focus on the other aspects of life.

If you are unsure of the position of your loved one’s estate, please do reach out to your usual Crowe contact or Natalie Butt. We are here to help guide you through this process and make it as easy as possible.