The simple answer is ‘No’. You can arrange for probate yourself, if you’re the “executor”. And if there is no will, you can apply to be an “administrator” of the estate.
And in some circumstances, you do not need probate at all. Some banks and building societies, for certain types of savings do not need probate or a letter of administration. And if assets are in joint ownership, you may not need probate.
What exactly is probate?
Applying for probate gives you the legal right to deal with someone’s property, money and possessions (known as their “estate”) when they die.
In England and Wales, there are two types of grants which give you this legal right:
- a grant of probate, if the person left a will
- a grant of letters of administration, if the person did not leave a will (i.e. they died “intestate”).
Both these documents are often referred to as “grants of representation”. In both circumstances, the application process is the same.
When might you want to use a solicitor?
- Complex estates: If the estate has a lot of assets or trusts, if the will is complicated, or if there is inheritance tax (IHT) to pay, a solicitor can help to navigate through the process.
- Large estates: Similarly, if the estate is of large value, a solicitor can help ensure the process is handled correctly and efficiently, and that the correct amount of IHT is paid.
- Lack of experience: If you’re unsure or unfamiliar with the probate process, a solicitor can help you work through the jargon and paperwork, and avoid mistakes.
- Lack of time: Submitting paperwork, complying with deadlines, whilst dealing with the other aspects of a person’s death (arranging a funeral, keeping on top of ongoing bills) can be time-consuming and overwhelming, at an already difficult time.
- Peculiarities: Occasionally, a will will include an issue that will need addressing. It could be a bequeathment to a relative not seen for a long time, or a donation to a charity that has stopped operating, etc. A solicitor will be able to guide as to what to do in these circumstances.
- Neutrality: Families don’t always get along. If family members aren’t on speaking terms or relationships are strained, probate undertaken by a solicitor prevents accusations of preferential treatment and offers a neutral third party to discuss matters with.
What does a solicitor do?
A solicitor gathers the necessary documents. They then ensure that the probate process is handled correctly and in compliance with English law. They can assist with tax calculations and ensure that the correct taxes are paid, and finally they can distribute the deceased’s assets to the beneficiaries.
If you need further information please contact Lois Di Vito on 01756 692869 or email lois.divito@awbclaw.co.uk.
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14 April 2025