Frequently Asked Questions

Probate is the legal authority to deal with someone’s estate after their death. Where there is a valid will, an executor will usually apply for a grant of probate if one is needed.

People also use “probate” to describe the wider process of dealing with an estate, although obtaining the grant is only one part of that process.

Estate administration involves identifying and valuing assets, establishing debts, dealing with tax, collecting or transferring assets and distributing what remains to the beneficiaries.

It also includes keeping records and preparing estate accounts. Depending on the estate, the work may continue for some time after the grant has been issued.

No. Whether a grant is needed depends on the assets, how they were owned and the requirements of the organisations holding them.

Some assets held jointly pass automatically to the surviving owner. Banks and other financial institutions may also release smaller balances without a grant, but their limits differ. There is no single estate-value threshold that determines whether probate is required in every case.

If there is a will, the executors named in it will usually be entitled to apply.

If there is no valid will, the intestacy rules determine who has priority to apply as an administrator. Where there is a will but no executor able or willing to act, a different application may be needed.

The overall cost depends on the work required and the level of help you choose. Obtaining the grant alone is different from asking a professional to administer the whole estate.

Costs may include professional fees, the Probate Registry application fee and third-party expenses. Ask for a written quotation explaining what is included, any VAT and any additional charges.

Contact IWC to discuss the estate and request a quotation.

Letters of administration are a type of grant authorising someone to deal with an estate, usually where there is no valid will.

If a valid will exists but no executor can act, letters of administration with the will annexed may be required.

“Personal representative” is the collective term for an executor or administrator.

They are responsible for administering the estate correctly, including dealing with liabilities before distributing the remaining assets.

No. You can make a personal application if you are entitled to apply.

However, professional assistance may be useful where there are trusts, overseas assets, tax issues, missing beneficiaries, disputes or other complications or, simply if you would prefer help with the work.

There are two separate timescales: obtaining the grant and completing the estate administration.

The time required depends on the information available, the assets involved, any tax reporting and the Probate Registry’s processing times. Selling property, dealing with overseas assets or resolving disputes can extend the administration.

We can discuss the likely stages and timescale once we understand the estate.

Any adult who wants a say in what happens to their estate should consider making a will. There is no minimum level of wealth required.

A will can name beneficiaries and executors, make provision for children and record arrangements that reflect your family circumstances.

Yes. A will can deal with personal possessions as well as money and property.

It can also appoint executors and, where appropriate, guardians for children. Whether probate will eventually be needed is a separate question.

Yes, but it must meet the legal requirements to be valid and clearly express your wishes.

Professional help can be particularly useful if you have a blended family, dependants, business interests, overseas assets or plans involving trusts. Unclear wording or mistakes in signing and witnessing can cause difficulties after your death.

If someone dies without a valid will, the intestacy rules determine who inherits the assets covered by those rules.

The outcome depends on their family circumstances. It may not reflect what they would have wanted, which is one reason making a will matters.

A deed of variation can redirect an inheritance after someone has died. Anyone whose entitlement is reduced must agree, and additional requirements can apply where children or people who lack capacity are affected.

For certain Inheritance Tax and Capital Gains Tax treatment, the variation must meet specific conditions, including being made within two years of the death.

Not necessarily. Their entitlement depends on whether you have surviving children or other descendants and on the value of the estate.

A spouse or civil partner may inherit everything in some circumstances, but the estate may need to be shared in others.

An unmarried partner does not automatically inherit under the intestacy rules, regardless of how long you have lived together.

However, jointly owned assets may pass to them by survivorship, depending on the ownership arrangements. They may also have grounds to bring a claim against the estate in certain circumstances. Making a will can help you provide for them clearly.

If you own a property as joint tenants, your interest normally passes automatically to the surviving owner or owners when you die.

If you own it as tenants in common, you each have a distinct share. Your share can usually pass under your will or, if there is no valid will, under the intestacy rules.

Review your will regularly and after significant changes, such as marriage, civil partnership, separation, divorce, the birth of a child or a major change in your finances.

You should also review it if an executor or beneficiary dies or your wishes change. Marriage or civil partnership can revoke an existing will unless an exception applies.