Probate - Bennett Oakley

Probate

Helping executors manage estates
smoothly and efficiently

Probate, also known as administering the estate is the legal process of managing a deceased person’s financial and legal affairs. If the person who has passed away left a valid Will, your solicitor will apply to the Probate Registry for a Grant of Probate.

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Once granted, this document gives the named executors the legal authority to collect in assets, settle debts, and distribute the estate in accordance with the terms of the Will. The Grant of Probate is a type of Grant of Representation, issued by the Probate Service.

Do I Always Need a Grant of Representation?

Not every estate requires a Grant of Probate. A grant may not be needed in the following situations:

A jointly owned property is automatically passing to the surviving joint owner
A joint bank account is held, and the bank accepts a death certificate for transfer
The estate is small, and some financial institutions release funds without requiring a grant

Our team can help you determine whether a Grant of Representation is necessary in your situation.

What Happens If There Is No Will?

When someone dies without a valid Will, it is known as dying intestate. In these cases, the estate must be dealt with according to the Rules of Intestacy, which often lead to unexpected outcomes.

If there is no Will, we will apply to the Probate Registry for a Grant of Letters of Administration, which allows an appropriate person usually a close relative to act as the administrator of the estate.

Under intestacy laws:

Only married or civil partners and certain blood relatives can inherit
Step-children are not automatically entitled
Children may only inherit if the estate exceeds £250,000

We strongly recommend making a Will to avoid uncertainty and distress for your loved ones. For more information, please visit our Wills page.

How We Can Help with Probate

Whether there is a Will or not, the probate process can be overwhelming. At Bennett Oakley, our empathetic and experienced legal team can guide you through every step with care and efficiency.

We will:

Handle the probate application on your behalf
Liaise with financial institutions and creditors
Manage all legal paperwork and deadlines
Help you distribute the estate in line with the Will or intestacy rules

To speak to one of our team, call 01444 235232 or complete our online form and we will respond within 24 hours.

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FAQ Topics

How long does probate take?

Probate can take anywhere from a few months to over a year, depending on the complexity of the estate, whether there is a Will, and how quickly the necessary documents are gathered.

Can I apply for probate myself?

Yes, but probate can be complex and time-consuming. Many people choose to instruct a solicitor to ensure everything is done correctly and efficiently, particularly if the estate includes property, shares, or overseas assets.

What happens if there are disagreements among family members?

Disputes can arise, especially if there is no Will. We can provide legal advice and mediation to help resolve issues and ensure the estate is administered fairly and legally.

How much does it cost to obtain probate?

We offer clear, fixed-fee pricing for probate matters. Costs will vary depending on the size and complexity of the estate. Contact us for a personalised quote and to discuss your options.