Dealing with the estate of a loved one after their death can feel overwhelming. At a time of grief, the legal and administrative responsibilities may seem daunting. At Howard & Co., our experienced probate solicitors are here to guide you through the process with care, clarity, and professionalism. We’ll explain what needs to be done, take on as much of the work as you need, and support you every step of the way.

Why is probate needed?

Probate is the legal process of proving a Will and giving the executors authority to deal with the deceased person’s estate. If there is no Will, a similar process (called Letters of Administration) is required to appoint administrators. Without probate, financial institutions such as banks, insurers, and the Land Registry may not release funds or transfer property. Probate ensures that debts are paid, assets are collected, and the estate is distributed to the rightful beneficiaries.

When is probate needed?

Probate is not always necessary. Small estates can sometimes be administered without it, especially if they only involve jointly held property or modest bank accounts. However, probate is usually required if:

• The estate includes property or land in the deceased’s sole name.
• There are significant assets such as savings, shares, or investments.
• Banks or financial institutions request a Grant of Probate before releasing funds.

If you’re unsure whether probate is needed, our team can review the estate and give you clear advice on the next steps.

How long does probate take?

Obtaining probate typically takes between 8 and 16 weeks from the time the application is submitted to the Probate Registry. However, the overall estate administration process can take longer — often several months — especially if there are property sales, complex assets, inheritance tax to calculate, or disputes between beneficiaries. We will give you a realistic timeframe at the outset and keep you updated throughout.

The probate process

The process of obtaining probate usually involves the following stages:

1. Initial instructions: We meet with you to discuss the estate, gather details of the assets, liabilities, and beneficiaries, and review the Will (if there is one).
2. Valuing the estate: We contact banks, insurers, HMRC, and others to obtain valuations of assets and confirm outstanding debts.
3. Inheritance Tax return: If required, we prepare and submit the necessary Inheritance Tax forms to HMRC and arrange payment of any tax due.
4. Applying for the Grant of Probate (or Letters of Administration): We prepare and file the application with the Probate Registry, together with the Will and supporting documents.
5. Grant issued: Once granted, this legal document gives executors or administrators the authority to deal with the estate.
6. Collecting assets: We close bank accounts, sell or transfer shares, deal with insurers, and if needed, arrange the sale of property.
7. Paying debts: We ensure that all outstanding debts and taxes are settled before distributing the estate.
8. Distributing the estate: Once debts are cleared, we prepare estate accounts and distribute assets to the beneficiaries according to the Will or the intestacy rules.

How Howard & Co. can help

Whether you want us to handle the full probate and estate administration process, or just help with the Grant application, we will tailor our service to your needs. Since 1976, families across Barnsley, Penistone and beyond have trusted us to provide clear, supportive advice during life’s most difficult times. We are here to make the process as straightforward and stress-free as possible.

Privacy Notice | Cookie Policy | Website Terms | Complaints | Modern Day Slavery Policy

© Howard & Co Solicitors LLP. All Rights Reserved. Authorised and regulated by the Solicitors Regulation Authority, registration number 8000040.

Webdesign by Pennine SEO