Probate Solicitors

What is probate?

Probate is the legal process of proving that a will is valid. If there is no will, probate is about establishing who has the authority to deal with a deceased person’s estate.

The Probate Registry will issue a grant of representation to the person applying for probate. This gives them the legal right to manage and distribute the possessions, money and property of someone who has died.

If the deceased person had a will, the grant of representation will be a Grant of Probate. If they did not have a will, Letters of Administration will be issued instead.

Do you need a probate solicitor?

You can manage the probate process yourself if you choose to do so. However, we strongly advise that you seek legal advice from a specialist probate solicitor.

Probate and estate administration normally involves making calculations for Inheritance Tax and possibly Capital Gains Tax and Income Tax. There are significant legal responsibilities, and the paperwork is both complex and time consuming. 

Executors and administrators of estates are personally liable if any mistakes are made with legal work or financial calculations. Using an experienced probate solicitor prevents mistakes and offers peace of mind at an already challenging time.

What is the probate process?

Here is a guide to the estate administration and probate process. A probate solicitor can provide you with all the assistance you need throughout.

1.   Make initial arrangements

Register the death

A person’s death must be registered within five days. A death certificate is issued upon registration.  

Locate the will

If you cannot find your loved one’s will our probate solicitors can advise you on what to do.

Arrange the funeral

You can arrange a funeral before going through probate. Banks and building societies will normally release money from the bank account of someone who has died to pay for their funeral. 

Care for the estate

Executors and estate administrators are responsible for looking after estates for beneficiaries and any creditors, so it is important to preserve assets as well as possible.

2.     Value the estate

An estate must be valued before applying to the Probate Registry for a Grant of Probate. 

The value of an estate takes into account debts as well as assets. Executors are legally responsible for making every effort to locate unknown creditors as well as beneficiaries of a will. It is very important that executors keep accurate estate accounts.  

Our probate solicitors can offer you legal protection by ensuring these duties are carried out correctly.

3.    Complete an Inheritance Tax form

Once an estate has been valued an Inheritance Tax form must be completed. Inheritance Tax is due by the end of the sixth month after a person has died.

IHT of 40% is payable on estates above the £325,000 threshold, unless assets have been left to a spouse, civil partner, charity or amateur sports club.

You can reduce Inheritance Tax for your loved ones by planning your assets when you make your will. If you would like advice about this, please talk to our wills and probate solicitors. Submitting the correct IHT form is a prerequisite before the Probate Registry will process your application.

4.     Apply for a Grant of Probate

Once a deceased person’s estate has been valued, an executor can apply for a Grant of Probate.  The official court document that authorises you to administer the estate. The application goes to the Probate Registry, either online or by post, and typically requires the original Will, a certified death certificate, and the completed IHT reference number. 

Processing times currently average several weeks, so applying matters promptly. Many executors work with probate solicitors, limited in scope or full-service, to navigate this step accurately, reducing the risk of rejection or delay. You can find a useful overview of how probate works if you need additional context before applying. 

Without the Grant, you cannot legally sell property, access most bank accounts, or distribute assets — making this step a critical gateway to everything that follows, including settling the estate's outstanding debts.

5.   Settle debts and taxes

Before a single penny reaches any beneficiary, all outstanding debts and liabilities must be cleared from the estate. This includes mortgages, utility bills, credit cards, personal loans, and any final income tax owed. Creditors have a legal right to be paid first; beneficiaries receive only what remains. 

A probate lawyer can be invaluable here, ensuring debts are settled in the correct legal order and that executors don't inadvertently expose themselves to personal liability. It's also worth understanding how inheritance tax interacts with the estate at this stage. Once liabilities are cleared, the estate is ready for distribution.

6.     Share the estate amongst beneficiaries

With debts cleared and taxes settled, estate administration moves into its final and often most anticipated stage: distributing assets to beneficiaries. Executors should prepare detailed estate accounts showing all assets collected, debts paid, and costs incurred before making any distributions. Beneficiaries are entitled to review these accounts, so accuracy matters. 

In practice, specific legacies, cash gifts, or named items are distributed first, followed by the residuary estate. If disputes or unexpected claims arise at this stage, distributions may need to be delayed. A clear guide to the probate process can help executors navigate these final steps with confidence. and that's precisely where professional support proves its value.

How QualitySolicitors Can Help You

We have an extensive network of specialist probate solicitors who can help you with estate administration and applying for probate. Our probate solicitors can work with you by providing as much, or as little, advice and practical assistance as you need. 
 

Our probate services

QualitySolicitors help executors and estate administrators who are going through a family bereavement with every aspect of probate and estate administration. 

Our probate services include:

• Registering a person’s death.
• Arranging the funeral and organising funeral payments.
• Locating missing beneficiaries.
• Locating any creditors.
• Identifying all assets, investments, money and property owned by the estate, including business assets, foreign assets and foreign property.
• Valuing estate assets and calculating debts.
• Registering the estate and any trusts with HMRC.
• Completing Inheritance Tax calculations and tax returns.
• Applying for a Grant of Probate/Letters of Administration.
• Dealing with any disputes about the will - contentious probate. 

All our partner firms are authorised and regulated by the Solicitors Regulation Authority. At QualitySolicitors we pride ourselves in offering a personal service tailored to each client’s needs. Contact us to see how we can help on 08082747557.