Probate Solicitors

Not always. A grant of probate is only required in certain circumstances.

For example, if the person who has died;

1. Owned property, such as a house, or
2. Had significant savings or investments in their sole name

You will usually need to apply for probate before you can deal with those assets.

If;

1. The estate is small (for example, just a few thousand pounds in a bank account), or
2. Everything was owned jointly with a surviving spouse or civil partner

You may not need probate.

Each bank and financial institution has its own rules about the value they will release without probate, so it often depends on the circumstances of the estate.

An executor is the person named in the will to administer the estate of the person who has died. Their responsibilities can be wide-ranging and include:

• Collecting information about all assets and debts in the estate
• Applying for a grant of probate (if required)
• Paying off any debts and outstanding bills
• Submitting inheritance tax returns and ensuring any tax due is paid
• Distributing money, property, and possessions to the beneficiaries in line with the will

Being an executor carries a legal responsibility to handle the estate correctly. As such it’s important to keep clear records and follow the right process. Many executors choose to appoint a solicitor to help with some or all the tasks involved.

No. Being named as an executor in a will does not mean you are legally obliged to act.

You can choose to “renounce” your role. This means stepping aside completely, or you may reserve your right so that you can step in later if necessary.

If you decide to act as an executor, you do not have to do it all alone. Many people instruct a probate solicitor to manage the process on their behalf. This can ease the burden, reduce stress, and ensure proper administration.

When a loved one passes away, the first step is to register the death with the local registrar, usually within five days.

You’ll need to get the death certificate, which is essential for dealing with banks, insurance companies, and government departments.

Next, you should find the Will (if there is one) and identify the executors. The executors will then need to assess the estate and decide whether probate is required.

If there is no Will, the estate will be managed under the rules of intestacy. In this case, a close relative may need to apply for letters of administration instead.

It’s natural to feel overwhelmed at this stage. Speaking to a probate solicitor early can help you understand what you need to do and when.

It’s common for banks to freeze the sole accounts of someone who has died. However, most banks will release money from the deceased’s account to pay for funeral costs once they receive:

1. The funeral invoice, and
2. A copy of the death certificate.

This means you don’t have to cover the funeral expenses while waiting for probate. If the estate doesn’t have enough funds to cover the funeral, the costs may fall to the family. However, in most cases, banks are cooperative in releasing money for funerals.

Legally, you don’t have to use a solicitor to deal with probate, executors can apply themselves. However, probate is often complicated, especially when:

• The estate is large or involves inheritance tax
• There are multiple properties or business interests
• There are disputes between beneficiaries
• The will is unclear or contested

Even in straightforward cases, many executors choose to instruct a solicitor. A probate solicitor will handle the process and can take on as much or as little responsibility as you need.

The timescale depends on the size and complexity of the estate. On average, straightforward probate cases take around 6–9 months from start to finish.

This includes:

• Gathering all necessary information
• Submitting the probate application
• Paying inheritance tax (if due), and
• Distributing assets.

For more complex estates like those involving overseas assets, disputes, or large property portfolios, probate can take longer. Sometimes 12–18 months or more.

At Ringrose Law, we keep you updated throughout the process and work to avoid unnecessary delays. Our aim is always to make the process as smooth and stress-free as possible.

Inheritance tax (IHT) can have a significant impact on the probate process. You must pay any inheritance tax before the grant of probate is issued.

If tax is due, HMRC will need you to pay at least part of the bill upfront. This can cause delays, as executors may need to;

• Raise funds by using estate assets
• Arranging a bank loan, or
• Using instalment options that HMRC makes available in some cases.

The current inheritance tax threshold is £325,000. Tax may be payable at 40% on the amount above that threshold.

There are some allowances, such as the residence nil-rate band if a property is left to children or grandchildren.

Because inheritance tax rules are complex and always changing, many executors seek professional advice. A mistake can lead to penalties and further delays in granting probate.

The cost of probate solicitors depends on the complexity of the estate and the level of support you need.

Some families only ask for help with applying for the grant of probate, which can often be done on a fixed-fee basis. Others prefer a full administration service, where the solicitor handles everything from collecting assets to paying debts and distributing inheritance.

At Ringrose Law, we are transparent about our fees. We offer fixed-fee options for straightforward cases, and for more complex estates we’ll provide a clear estimate at the outset, so you know exactly what to expect. The benefit of using a solicitor is peace of mind. You can be confident they will deal with the estate correctly, efficiently, and without costly mistakes.

If someone contests a Will, it means someone is;

1. Challenging its validity, or
2. Raising a claim against the estate.

Common grounds include;

• Allegations that the person who made the Will didn’t have mental capacity,
• Was pressured into making it, or that
• The will was not signed and witnessed properly.

In other cases, disputes arise if someone believes they have not been provided for, even though they were financially dependent on the deceased.

When someone contents a Will, the probate process can become more complicated and often more time-consuming. Executors may not be able to move forward without resolving the dispute.

Mediation is sometimes used to reach an agreement, but in some cases the matter may go to court.

Having an experienced probate solicitor by your side is crucial if someone contests a Will. We can advise you on;

• The strength of the claim,
• Protect your position as executor or beneficiary, and
• Work towards a fair resolution.

Our aim is always to resolve disputes as quickly and amicably as possible, while safeguarding the wishes of the person who has died.