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What does ‘probate’ mean?
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The term ‘probate’ refers to the act of getting permission to carry out the wishes specified in a person’s will. In a broader sense, this term can also apply to the overall process of settling a person’s estate. Whoever is responsible for executing the will must abide by specific rules that dictate how to notify authorities and actually distribute the estate.
Probate is a court order that asset holders (banks, building societies etc.) require before they can release funds in the name of the deceased. Probate will usually be required if the value of the estate is greater than £5,000 after funeral costs.
Probate is required whether there is a will or not.
Probate gives one or more persons the legal authority to administer the estate of the deceased and distribute it to the beneficiaries.
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It also establishes the validity of the will or that the deceased died without making a will.
The people named on the grant are legally responsible for and ultimately liable for the administration of the estate.
Probate is a court order that asset holders (banks, building societies etc.) require before they can release funds in the name of the deceased. Probate will usually be required if the value of the estate is greater than £5,000 after funeral costs.
Probate is required whether there is a will or not.
Probate gives one or more persons the legal authority to administer the estate of the deceased and distribute it to the beneficiaries.
​
It also establishes the validity of the will or that the deceased died without making a will.
The people named on the grant are legally responsible for and ultimately liable for the administration of the estate.
UK Probate is a company that offers fixed fee probate options.
They are tried, tested and trusted by us at Vendors and Buyers.
We are not 'middle men'
Unlike many others, we do the work, you deal directly with us and we are accredited to provide probate services by the ICAEW.
We don't take a cut of the Estate
Many solicitors will take a cut of the estate value in the form of a % charge of its value. We don't do that.
No 'hourly rates'
Unlike many solicitors we do not charge by the hour, so no nasty surprises at the end of the process.
Fixed fees
No matter how long we need to spend on your case, we charge the fixed fee agreed at the outset.
No hidden charges!
Everything we do is clear and transparent. Check out our services comparison chart to see what you get in our fully inclusive services.
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UK Probate are price leaders in the online probate market. We won't be beaten on price and provide the best value available.
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How is the executor chosen?
In most cases, the person responsible for administering an estate will be chosen by the deceased and specified in the will. Typically, it will be a close friend or family member, or a legal professional, such as a solicitor. The deceased does not necessarily need to ask you or seek your permission, before naming you as executor.
If there is no will, the deceased’s estate will be subject to intestacy rules, and the estate will be administered by the next of kin.
Can an executor be a beneficiary?
The executor named in a will can also be a beneficiary, meaning they can inherit assets from the deceased. In fact, it’s common for a person to appoint one of the major beneficiaries as their executor – for example, their partner or one of their children.
Can there be more than one executor?
In many cases, a will may appoint more than one person to administer the estate, known as Joint Executors. A person may appoint joint executors to:
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Share the workload
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Give multiple family members decision-making power
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Ensure oversight over executors’ work.
If you’re appointed as a Joint Executor, you’ll need to work collaboratively with the others to ensure probate is managed effectively.
Can I decline to be an executor?
If you’re named as the executor of someone’s will, you can decide whether to settle the estate yourself or to appoint a professional to work on your behalf.
Alternatively, you can decline to be the executor – if, for example, you don’t have time or you’re too unwell. In this case, you’ll need to sign a Renunciation, essentially resigning from the position. This won’t affect any entitlements you have as a beneficiary.
Another beneficiary may have to step up, or a professional will need to be employed to take your place.
How long does executing a will take?
The process can take a long time, even with a straightforward estate comprising just one or two bank accounts. Generally, it will take around three to six months from when the person dies, until the assets are distributed to beneficiaries. You should consider whether you’re able to take on this time commitment, or whether you’ll need assistance.
Do I need to apply for grant of probate?
In most cases, you’ll need to apply for grant of probate before you can settle someone’s affairs. However, it may not be necessary if the deceased’s estate was worth less than £15,000, or if their assets were held jointly and are passing to a surviving spouse or civil partner.
How can I find the will?
It’s most common for a person to keep their will in their home, so the first step is to search the deceased person’s house. Safes, filing cabinets and locked drawers are obvious starting points. Obviously, you’ll need the permission of the deceased person’s family before you do this.
If the will isn’t kept at home, you can also ask their bank, as it may be stored in a safe deposit. Similarly, if they used a will-writing service or a solicitor, it is possible that they hold the document.