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30/05/2026
Losing a loved one is never easy, and dealing with legal responsibilities afterwards can often feel overwhelming. One of the most important steps in administering an estate is applying for probate, which gives the legal authority to deal with a person’s assets, property, and financial affairs after they have passed away.
At The Eric Whitehead Partnership, we provide clear and practical advice to help families understand the probate process and manage estate administration with confidence.
Probate is the legal process of administering a deceased person’s estate.
If the person who has passed away left a valid will, the executors named in the will will usually apply for a grant of probate. This legal document confirms their authority to manage the estate.
If there is no will, a close relative may apply for letters of administration instead. The person responsible for administering the estate is known as the administrator.
The probate process allows the individual dealing with the estate to:
Probate is not needed in every estate.
Whether probate is required will depend on factors such as:
In some cases, assets held jointly may pass automatically to the surviving owner without the need for probate.
However, probate is commonly required where:
Before probate can be applied for, the death must be formally registered.
You will usually need several official copies of the death certificate, as these are often required by banks, insurers, pension providers, and other organisations.
If a Will exists, it should identify:
The original Will is normally required as part of the probate application process.
If no Will can be found, the estate will usually be dealt with under the rules of intestacy.
Before applying for probate, the estate must be valued.
This includes calculating the value of:
An accurate valuation is important, particularly where inheritance tax may apply.
Professional valuations may sometimes be required for property, jewellery, or specialist assets.
Some estates may be subject to Inheritance Tax.
Inheritance Tax forms usually need to be completed before probate is granted, even if no tax is payable.
Depending on the estate, tax may need to be paid before the application can proceed.
The rules surrounding Inheritance Tax can be complex, particularly where property, trusts, gifts, or business assets are involved.
Once the estate has been valued and the relevant tax forms completed, the probate application can be submitted.
The application is made to the Probate Registry and typically includes:
If the application is approved, the Grant of Probate or Letters of Administration will be issued.
Once probate has been granted, the executor or administrator can begin formally administering the estate.
This may include:
Executors have a legal responsibility to ensure the estate is administered correctly and in accordance with the law.
The length of the probate process can vary depending on the complexity of the estate.
Factors that may affect timescales include:
Straightforward estates may take several months, while more complex estates can take considerably longer.
Probate can involve significant legal and financial responsibilities, particularly where estates are large or complex.
A solicitor can assist with:
At The Eric Whitehead Partnership, we provide straightforward probate and estate administration advice tailored to each family’s circumstances, helping clients manage the process as smoothly and efficiently as possible.
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