Probate Assistance Service

Frequently Asked Questions

• What is (the grant of) probate?

  A grant of probate is an official document issued by the courts that gives you the authority to manage the financial and legal affairs of someone who has died.

  Here’s how it works:

  • If the deceased left a will, the people named as executors apply to the court for this permission.
  • The grant is typically a single sheet of paper confirming the executors and giving them the power to administer the estate.
  • If there is no will, the court issues ‘letters of administration’.

  Without a grant of probate no one has the authority to deal with the deceased’s financial matters, property, or assets.

• How much does probate cost?

  In our discussion I would provide a fixed-fee quote.

• Do I always need probate?

  You need probate if:

  • The deceased held assets in their name
  • Financial institutions request it
  • There are complex assets or debts

• Can I do probate myself?

  While possible, DIY probate carries significant risks. One mistake can cost thousands in penalties or delays. Professional assistance typically saves money and stress.

• How long does probate take?

  Managing an estate and distributing assets to the beneficiaries involves dealing with two government departments – first HMRC and the Court Service – each of those may last a few weeks to several months. And then there’s the disposal of assets, if there’s a house in the estate, well we know how long it can take to sell a house.

• What is the Estate?

  A person’s estate is every object, or contract that was in the name of the deceased, these include:

  • The deceased’s principal private residence, 
  • other land and buildings, 
  • cash, shares and similar assets, 
  • pensions
  • life insurance  
  • business interests
  • things you’ve given away in the last seven years

• Will I pay inheritance tax?

  Whether you pay inheritance tax depends on:

  • The value and nature of the assets in the estate
  • The identity of the beneficiaries

  Inheritance tax is not paid by everyone. It is only due if the estate exceeds a certain threshold (called the “nil-rate band”), and certain exemptions or reliefs may apply, such as spouses inheriting or charitable donations. The responsibility to pay the tax falls on the estate itself, meaning the executor must ensure the tax is paid before distributing assets to beneficiaries.

• Who pays estate debts?

  Debts are paid out of the deceased’s estate. Relatives do not have to pay for them out of their own pockets.

  The estate is bound to make every effort to identify the deceased’s debts. It is only after debts have been met that assets may be distributed.

• What if there’s no will?

  Without a will (intestacy), assets are distributed according to strict legal rules. Spouses, children, parents, and siblings inherit in specific order. I guide families through these rules.

• Can a will be challenged?

  Yes, but I support you in defending against or resolving disputes.

• Funeral expenses

  The funeral is a contract between the person who walked into the funeral directors shop and the funeral director. It has nothing to do with the deceased. Nonetheless, banks and building societies generally meet the funeral expenses out of the deceased’s bank account [if there is cash in the account] .