What is Probate?

Probate is often referred to as the process of dealing with a person’s ‘estate’ after they have passed away. An estate comprises assets such as properties, cash, and other possessions, minus any outstanding debts.

Probate or Letters of Administration technically, is the legal right to deal with a person’s property, money and personal possessions following their death. Either Executors (named in a will) or Administrators, those loved ones left to deal with the estate, can apply for a Grant to authorise them to deal with the estate assets. The application is sent to the Probate Registry. Whilst a Grant is not always needed to deal with estate assets, you should seek legal advice when determining whether an application is necessary in your situation.

Responsibilities for Executors/Administrators & The Associated Risks

Whether you are an executor or an administrator responsible for administering an estate, applying for Probate is a challenging task. This includes tasks like collecting assets, selling the family home, settling debts, and distributing the remaining assets as per the will or intestacy rules (in cases where no will exists). The role carries significant responsibilities and potential consequences if not executed correctly, including personal liability for:

• Any shortfall to beneficiaries or creditors
• Incorrect tax calculations
• Misinterpretation of a will, especially if it was professionally drafted
• Protecting the assets within the estate
• Unforeseen inheritance claims

Therefore, it is important to approach DIY Probate with caution. Seeking legal or professional help is often necessary, particularly when dealing with complex assets like shares, businesses, extensive properties, or issues regarding domicile. Learn more about domicile here.

Dealing with the estate during an already difficult time can be challenging for loved ones. People often delay the estate administration process due to the emotional toll of losing someone close to them or struggle to fully commit to it. As time passes, estate administration can become more complicated, especially if assets were not appropriately addressed. Engaging a probate professional can help prevent future issues from arising.

At Ridley & Hall, our team of experienced Wills & Probate solicitors is available to provide professional legal advice, support, and assistance in obtaining Probate. For further information or to schedule an appointment, please contact our friendly and approachable team on our freephone number 0800 8 60 62 65.

Sophie Aldridge – Trainee Solicitor