Probate
Probate Solicitors
After someone dies, their estate has to be collected in, debts and tax paid, and the rest passed on. This guide covers what probate involves, what executors are responsible for and when a solicitor can take on the work in England and Wales.
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Overview
What this area covers
‘Probate’ is commonly used for the whole process of dealing with someone’s estate after they die: collecting in their money and property, paying debts and tax, and passing what is left to the people entitled to it. Strictly, it refers to the grant from the court that confirms who has authority to do this.
If there is a valid will, the people named as executors usually handle the estate. If there is no will, the rules of intestacy decide who inherits and who can act as administrator.
- Grant of representation
- The court document confirming who may deal with the estate. A ‘grant of probate’ is issued to executors; ‘letters of administration’ where there is no valid will.
- Executor / administrator
- The person responsible for administering the estate. An executor is appointed in a will; an administrator is appointed under the intestacy rules.
- Intestacy
- Dying without a valid will. Fixed rules then decide who inherits, and unmarried partners are not automatically included.
Common situations
When you may need a probate solicitor
- You are an executor and the estate includes property, investments or a business.
- Inheritance Tax may be payable.
- There is no will, or the will is unclear, or family members disagree.
- The deceased lived or held assets abroad.
- You simply do not have the time, or feel unable, to deal with it yourself.
The solicitor’s role
How a probate solicitor can help
A probate solicitor can handle the entire administration, or only specific parts such as the grant application or tax return. They also advise executors on their legal duties. Those duties are personal, and an executor who distributes too early or overlooks a debt can be personally liable.
Where someone challenges a will or makes a claim against an estate, a solicitor experienced in contentious probate is needed.
The process
How estate administration usually works
- 1
Register the death and find the will
Obtain death certificates and locate the original will, if there is one.
- 2
Value the estate
Identify assets and debts at the date of death and work out whether Inheritance Tax is due.
- 3
Apply for the grant
Apply to the Probate Registry, after dealing with any required tax forms and payments.
- 4
Collect, pay and distribute
Gather in assets, settle debts and tax, prepare estate accounts and distribute to beneficiaries.
Costs
What does a probate solicitor cost?
Probate solicitors may charge hourly, a fixed fee for a defined service, or occasionally a percentage of the estate’s value. Fees are normally paid from the estate rather than by the executor personally. Ask for an estimate and what it includes, such as tax work or property sales.
Getting ready
What to prepare before contacting a solicitor
- The death certificate and original will, if available
- A list of known bank accounts, investments, pensions and property
- Details of debts, such as a mortgage, loans or care fees
- Names and contact details of beneficiaries or close family
- Any recent tax returns
Choosing a solicitor
Choosing a solicitor
Consider whether you want the firm to handle everything or only specific steps, and check how updates and estate accounts will be provided. For disputed estates, look for contentious probate experience.
Every firm listed on Verified Solicitors is regulated by the Solicitors Regulation Authority. You can compare firms’ profiles, locations and reviews before getting in touch.
Find probate solicitors
Search Verified Solicitors for SRA-regulated firms that handle probate matters, then compare their profiles.
- Verified solicitors
- Regulated firms
- Free to use
Frequently asked questions
Is a grant always needed?
Not always. Small estates or assets held jointly may be released without a grant, depending on the rules of each bank or institution. Property held in the deceased’s sole name normally needs one.
Can I challenge a will?
Challenges may be possible on grounds such as lack of capacity or undue influence, and some relatives or dependants can claim reasonable financial provision. Strict time limits can apply, so take advice early.
Related legal services
The information on this page is general information, not legal advice. The law and procedures can change and how they apply will depend on your circumstances.