Estate Administration & Probate Solicitors

A Grant of Probate is a legal document issued by the court that gives the Executor of a will the authority to administer the estate of someone who has passed away, or the next of kin if there is no will.

With a Grant of Probate, the Executor has official permission to:

• Access the deceased person’s assets
• Pay any debts or taxes owed by the estate
• Distribute remaining assets to the beneficiaries as outlined in the will

It typically takes between 4 to 8 weeks for probate to be granted after an application is submitted. For more complex estates, it can take up to 6 months or longer for probate to be granted.

The time it takes for probate to be granted depends on:

• Errors in applications
• Missing documents
• The existence of a will
• Inheritance Tax (IHT) Return completion
• Size and complexity of the estate
• Court delays
• Will disputes

In the UK, probate is required when a person has passed away and their estate (property, money, possessions) needs to be managed and distributed. This is the case whether the deceased person has a will or not.

If someone dies without a will (known as dying intestate), their estate will be distributed according to the rules of intestacy:

1. Spouse or Civil Partner (with or without children): if the deceased was married or in a civil partnership at the time of death, the spouse/civil partner will inherit.
2. Children (if no spouse/civil partner): If there is a spouse/civil partner, the children will inherit the remaining part of the estate after the spouse’s share. If there is no spouse/civil partner, the children will inherit everything and divide it equally among them.
3. Parents: If there is no spouse/civil partner or children, the estate is inherited by the parents of the deceased.
4. Siblings: If the deceased has no spouse, children, or parents, the estate is inherited by the siblings of the deceased equally. If the siblings have passed away, their children (the deceased’s nieces/nephews) inherit their share.
5. Grandparents: If there are no surviving parents or siblings, the estate is inherited by the grandparents of the deceased, divided equally between the maternal and paternal sides.
6. Aunts & Uncles: If there are no grandparents, aunts and uncles will inherit the estate.
7. Distant Relatives: If the deceased has no direct family members surviving, the estate may pass to more distant relatives, such as cousins.

If the deceased has no surviving relatives and no will, the estate passes to the Crown, meaning the government inherits the estate.

You need probate if the deceased had assets (property, money, or investments) in their name and the estate is worth more than £5,000 (or if certain institutions require it).

If you are the Executor of the will or the next of kin, and there is no will, you must apply for the Grant of Probate through the Probate Registry. This involves submitting a copy of the will, a death certificate, and a probate application form. The estate must be valued, and the executor will need to submit a tax return if inheritance tax is owed.

Probate can be applied for online or on paper. However, the online application process is not appropriate in certain circumstances. For example, with more complex estates, where the value exceeds the IHT threshold or foreign aspects are included, for example, it’s easier for a person to make mistakes during the probate application process.

Solicitor advice and guidance are strongly advised when:

• The estate is large or more complex
• There are disputes among beneficiaries
• There are complicated assets
• You are unsure how to complete the forms and handle tax matters

The administrative burden of the probate process can easily become overwhelming at an already distressing time. With the guidance of one of our probate lawyers, you can focus on the things that matter most during the period of your loss.

Generally, no. You cannot distribute estate assets before obtaining the Grant of Probate, as you don’t have the legal authority to do so. However, there are some limited exceptions. You can typically use estate funds to pay for the funeral, settle outstanding bills that are immediately due, and cover probate-related costs like solicitor fees or the probate application itself. Some banks may also release small amounts for urgent expenses. Distributing assets prematurely can leave you personally liable if claims arise later or if the estate doesn’t have sufficient funds to cover debts and taxes. Our probate solicitors can advise you on what payments are permissible before the Grant is issued and help ensure you’re protected throughout the process.

Probate costs are typically paid from the deceased’s estate, not by the executor or family members personally. This includes court fees, solicitor fees, valuation costs, and any other professional fees incurred during estate administration. In most cases, funds are released from the deceased’s bank accounts or assets to cover these expenses. If there aren’t sufficient liquid funds available immediately, executors may need to cover costs temporarily and reclaim them from the estate once assets are liquidated. In rare cases where the estate is insolvent (debts exceed assets), creditors are paid in a specific legal order, and some costs may not be recoverable. Our probate solicitors in London, Bromley, Sevenoaks, Surrey, and Chislehurst can provide a clear breakdown of expected costs and advise on the most efficient way to fund the probate process from the estate.

Not always. Many banks and financial institutions will release funds without a Grant of Probate if the amount held is below their threshold, though this varies by institution. However, you’ll generally still need probate if the deceased owned property or land in their sole name, regardless of the estate’s total value. You also won’t need probate if all assets were held jointly (and pass automatically to the surviving owner) or if everything was held in trust. Even if probate isn’t legally required, obtaining it can still be advisable for estates with multiple beneficiaries or potential disputes, as it provides legal protection. Our probate solicitors can quickly assess whether your specific situation requires probate and guide you through the most appropriate route.

How you handle jointly owned property depends on the type of joint ownership. Property held as “joint tenants” automatically passes to the surviving owner(s) by survivorship, regardless of what the will says, and doesn’t form part of the probate estate. You simply need to register the death with the Land Registry to remove the deceased’s name. Property held as “tenants in common” is different – the deceased’s share forms part of their estate and passes according to their will (or intestacy rules if there’s no will), meaning it does go through probate. You’ll need to establish which type of ownership applies by checking the property’s title deeds or Land Registry documents. For jointly held bank accounts, these typically pass to the surviving account holder automatically, though banks may have specific procedures. Our probate solicitors regularly assist with jointly owned property matters and can help you determine the correct ownership type, notify the Land Registry, and ensure property assets are handled correctly within the estate administration.

You no longer apply to a specific local probate registry. Since 2021, all probate applications in England and Wales are processed centrally, regardless of where you live or where the deceased lived. You submit your application online or by post to HMCTS (Her Majesty’s Courts & Tribunals Service), and it’s processed at one of the regional probate registries. If you need to attend an appointment to verify your identity or swear an oath, this can usually be arranged at a location convenient to you. For residents in Bromley, Surrey, Sevenoaks and the surrounding areas, appointments can typically be arranged locally.

While the system is centralised, having local probate solicitors who understand the process and can attend appointments with you or on your behalf remains valuable. Our Bromley-based team handles probate applications for clients throughout Southeast London, Kent and Surrey, managing the entire application process and liaising with the probate registry on your behalf to ensure a smooth and efficient experience.

If someone contests the will, the probate process can become significantly more complex – which our dedicated team of contentious probate solicitors can support with. Common grounds for contesting include claims that the will is invalid (due to lack of mental capacity, undue influence, or improper execution), or claims under the Inheritance Act from someone who believes they haven’t been adequately provided for (typically spouses, children, or financial dependents). If a formal challenge (known as a “caveat”) is lodged with the probate registry, it prevents the Grant of Probate from being issued until the dispute is resolved. Depending on the circumstances, resolution might involve negotiation, mediation, or court proceedings. Time limits apply – claims under the Inheritance Act must usually be brought within six months of the Grant being issued, though courts can extend this.

If you’re facing a will contest, it’s crucial to seek specialist legal advice promptly. Our contentious probate solicitors can assess the strength of any challenge, represent your interests whether you’re defending the will or bringing a claim, and work toward a resolution that protects your position while minimising costs and family conflict.

You’ll need several key documents to apply for probate. Essential items include the original will and any codicils (or if there’s no will, you’ll need to explain this), the death certificate (official copy, not the interim one used for registering the death), and details of all the deceased’s assets and liabilities to complete the estate valuation. This means gathering bank statements, investment portfolios, property valuations, pension statements, insurance policies, and records of any debts, mortgages, loans, or bills. You’ll also need the deceased’s National Insurance number, marriage or civil partnership certificates if applicable, and any deeds or documentation relating to property and land. For the Inheritance Tax forms, you’ll need detailed financial information covering the years before death, including gifts made and any trusts. If executors are applying, their identification documents and proof of address will be required. The exact documentation can vary depending on the estate’s complexity.

Our probate solicitors provide a comprehensive checklist tailored to your situation and can help you gather all necessary documents, obtain missing information from institutions, and ensure your application is complete and accurate from the outset.

Yes, you can act as an executor while living abroad, but it presents practical challenges. There’s no legal requirement for executors to be UK residents. However, you may need to travel to the UK for certain formalities, such as swearing the oath before a notary or providing original documents, though some steps can now be completed remotely or through British consulates. Managing the estate from overseas – dealing with UK banks, solicitors, HMRC, and property matters – can be time-consuming and complicated due to time differences, communication delays, and difficulties accessing UK institutions.

If you’re an overseas executor, you have several options: you can appoint a UK-based solicitor to act on your behalf, instruct probate solicitors to handle the administration while you retain decision-making authority, or renounce your executorship in favour of a co-executor or alternative appointee who can manage matters more easily. Our probate solicitors in London and Bromley regularly assist overseas executors, providing on-the-ground support in the UK while keeping you informed and involved throughout the process.

It depends on the amount held and the bank’s policies. Most banks will release funds without requiring a Grant of Probate if the amount is below their internal threshold – this typically ranges from £5,000 to £50,000, though each institution sets its own limit. Some building societies and smaller financial providers have lower thresholds, while others may require probate regardless of the amount. If the account was held jointly, the funds usually pass automatically to the surviving account holder without probate. However, if the deceased held multiple accounts across different banks, even if each individual account is below the threshold, you may still need probate when the total estate value is considered. Banks will require proof of death and evidence of your authority to act (either as executor or administrator), even for small balance releases. For larger estates or where property is involved, probate is almost always necessary.

Our probate solicitors can contact banks on your behalf to establish their specific requirements, determine whether probate is needed, and either help you obtain small balance releases or manage the full probate application depending on your circumstances.