Probate Explained

By Oyin Sulola

What is probate?

The term “probate” refers to the process of administering the estate of someone who has passed away. It consists of organising all their assets and distributing them – typically in accordance with their Will – once any debts and taxes have been paid.

If there is a Will, the deceased will have appointed someone to administer their estate. This person is known as the executor of the Will. Often, more than one executor is appointed. The executor(s) are responsible for carrying out the probate process. They can either do this by themselves or instruct a legal firm – like us here at Sampson Coward Solicitors – to assist them with the process. In some cases, we are instructed to manage the entire process on the executor(s) behalf. We offer a variety of services regarding the probate process depending on the needs and expectations of the executor(s).

How does the probate process work?

The whole process is on a case-by-case basis and dependent on the estate in question.

The typical process is as follows:

• The executor(s) collect and collate the full details of the deceased assets and liabilities
• If there is any inheritance tax due, the executor(s) must use the information gathered in (a) to complete the relevant inheritance tax forms and pay the tax.
• If required, the executor(s) then apply for a Grant of Probate, which in short is the legal document which gives executor(s) the authority to deal with the deceased assets and pass out any inheritance. There are some assets which don’t require a Grant to be administered by the executor(s). Here at Sampson Coward, we offer a ‘Grant Only’ probate service. Upon your instruction, we will obtain the Grant of Probate on your behalf, so you don’t have to worry about the legal process whilst dealing with the death of a loved one.  
• The executor(s) must then repay any outstanding debts and distribute the remainder of the deceased estate in accordance with the Will.

How long does the probate process take?

Typically, the process will take up to a year for the majority of estates, however the size and complexity of the estate are the determining factors. If you would like to find out more about how we can assist you with your estate administration, please contact us on 01722 410 664 and our team will be more than happy to help.

Oyin Sulola