1. “If there’s a will, probate isn’t needed.”
One of the most common misconceptions is that having a will means you can avoid probate altogether. In reality, probate is often still required even when there is a valid will in place.
The will acts as a legal document outlining the deceased’s wishes, but the court still needs to formally approve it and grant authority to the executors to administer the estate. If the estate includes property, certain financial assets, or shares, a Grant of Probate is usually necessary to deal with those assets, even with a will.
2. “Probate is only needed for large estates.”
Many people believe that probate is reserved for wealthy individuals with large, complex estates. However, probate may be required regardless of the estate’s value, depending on the types of assets involved and how they’re held.
Even modest estates can include bank accounts, pensions, or property that require formal probate before institutions release funds. Each bank or financial provider sets its own threshold for when probate is needed, so it's best not to assume based on size alone.
3. “Probate happens quickly - it’s just a formality.”
Unfortunately, probate is not usually a quick or simple process. It often takes several months to complete and can be delayed further by complex assets, family disputes, or missing paperwork.
Once an application is submitted, there can be waiting times for the Grant of Probate to be issued, especially if there’s a backlog at the probate registry. Even after the grant is received, executors must then deal with assets, settle debts, and distribute the estate, all of which takes time and attention to detail.
4. “The executor can do what they want.”
Executors are legally responsible for carrying out the instructions in the will and managing the estate in line with the law. They cannot act on personal preferences or alter how assets are distributed.
Executors have a duty to act in the best interests of the estate and its beneficiaries. They must account for all income and expenses, ensure any debts or taxes are paid correctly, and keep clear records. If an executor breaches their duties, they can be held personally liable for any losses caused.
5. “DIY probate is always cheaper and just as easy.”
While it is possible to apply for probate without a solicitor, this option isn’t always straightforward or risk-free. The probate process involves strict legal requirements and time limits, and mistakes can lead to delays, fines, or disputes.
Hiring an experienced probate solicitor helps ensure the process runs smoothly, especially if there are complicated issues such as inheritance tax, multiple beneficiaries, or missing documentation. In many cases, professional support saves time, reduces stress, and protects executors from personal liability.
If you would like to discuss any probate matters please contact a member of our team on 01905 721600. Offices in Worcester, Droitwich, Evesham and St Johns.