Losing a loved one is difficult enough without the added burden of legal and financial administration. If you’ve recently been bereaved and aren’t sure what happens next, you’re not alone – and you don’t have to figure it out by yourself.
At Liberay Legal, we understand that this is one of the most challenging times a family can go through. Our probate service is designed to support you with clarity, compassion and expertise, making sure everything is handled correctly and efficiently so you can focus on what matters most.
In this guide we cover what probate is, when you need it, how the process works, and how our team in Bolton can help.
What Is Probate?
Probate is the legal process of dealing with a person’s estate after they die. It involves sorting out their money, property and possessions, and making sure everything is distributed correctly to the right people.
If there is a valid will, the person named as executor will apply for a Grant of Probate. This gives them the legal authority to carry out the wishes set out in the will.
If there is no valid will, the situation is known as intestacy. In that case, a close relative applies for Letters of Administration instead, and the estate is distributed according to a fixed legal formula rather than the personal wishes of the person who has died.
When Do You Need Probate?
Not every estate requires probate. Whether a Grant of Probate or Letters of Administration is needed depends on several factors – the value of the estate, the type of assets involved, and the individual requirements of banks, building societies and other financial institutions.
Some smaller or simpler estates can be dealt with without going through the formal probate process. Others will require it before any assets can be released or transferred.
A probate solicitor can advise you on whether probate is required in your specific situation and guide you through the process from start to finish.
What Is the Probate Registry?
The Probate Registry is the government body responsible for issuing Grants of Probate. It sits within His Majesty’s Courts and Tribunals Service.
Applications can be made online or by post, and current waiting times can vary depending on the complexity of the case and wider Registry workloads. It’s worth factoring this into your expectations from the outset, particularly if there are assets that can’t be released until the Grant has been issued.
How Does the Probate Process Work?
Step One – Register the Death
This must be done within five days in England and Wales. You’ll need the death certificate to deal with many aspects of the probate process – notifying banks, financial institutions and other organisations of the person’s passing. It’s important to obtain more than one certified copy early on, as you’ll likely need several throughout the process.
Step Two – Find the Will
The next step is locating the original will and identifying who has been named as executor. If there is no will, the Rules of Intestacy apply and a close relative will need to apply for Letters of Administration rather than a Grant of Probate.
It’s worth noting that more complex situations – for example, where assets are held in multiple countries or the estate involves trusts – may require additional applications or specialist advice.
Step Three – Value the Estate
Before any application can be made, you’ll need to obtain accurate valuations of all the assets and liabilities that make up the estate. This includes property valuations, date-of-death balances for savings and investments, personal possessions, and a full picture of any outstanding debts, mortgages or bills.
Getting the valuation right is important – it determines whether any Inheritance Tax is due, and errors at this stage can cause significant problems further down the line.
Step Four – Pay Any Inheritance Tax
Inheritance Tax must be paid within six months of the date of death to avoid interest accruing. In most cases, it needs to be paid before the Probate Registry will issue the Grant of Probate.
The current threshold is £325,000, though this varies depending on individual circumstances – for example, the residence nil rate band may apply if you’re passing a family home to direct descendants. This is an area where professional advice from Liberay Legal really pays off. Getting the IHT position right from the start avoids delays and unexpected bills later.
Step Five – Apply for the Grant of Probate
Once any Inheritance Tax due has been settled, the application can be made to the Probate Registry. The process has become considerably more straightforward in recent years, with online applications now available, which has helped speed things up significantly.
Step Six – Distribute the Estate
Once the Grant has been issued, the executor can begin collecting in the assets of the estate. Debts and expenses are settled first, and what remains is then distributed to the beneficiaries either according to the will or, where there is no will, under the Rules of Intestacy.
Keeping clear, accurate records throughout this stage is essential – it protects the executor and ensures everything is accounted for properly.
How Long Does Probate Take?
There’s no single answer to this. Straightforward estates can be resolved within several months. More complex cases – those involving property, business interests, disputes between beneficiaries, or Inheritance Tax complications – can take considerably longer.
Factors that commonly slow the process down include missing documents, delays in obtaining valuations, IHT queries from HMRC, and family disagreements. Using a solicitor from the outset helps keep things moving and reduces the risk of avoidable delays.
Whether you need help simply obtaining the Grant of Probate or would like us to manage the full administration of the estate, we can tailor our service to suit your situation and your budget.
How Much Does Probate Cost?
The Probate Registry application fee is currently £300, though this is due to rise to £526 shortly – so it’s worth acting sooner rather than later if you’re at that stage.
At Liberay Legal, we offer a range of fee structures depending on what you need. Our Grant of Probate only service starts from £1,000 plus VAT, with fees varying depending on the complexity of the estate and the level of support required. Under normal circumstances, costs are paid from the estate rather than out of the executor’s own pocket.
It’s worth weighing up the cost of professional help against the time, stress and personal liability that comes with handling a complex estate alone. For most families, the peace of mind is well worth it.
Do You Have to Use a Solicitor for Probate?
There’s no legal requirement to use a solicitor. Some people do manage the process themselves, particularly where the estate is straightforward.
But where things are more complex – disputes between beneficiaries, Inheritance Tax issues, business interests, or simply a large and varied estate – professional help is worth serious consideration. Executors are personally liable for mistakes made during the administration process. That’s a significant responsibility to take on without expert support.
Liberay Legal offers both a full probate administration service and a more targeted support option for executors who want to handle most of it themselves but need guidance on specific elements.
What Happens If There Is No Will?
When someone dies without a valid will, the Rules of Intestacy determine who inherits. A close relative applies for Letters of Administration rather than a Grant of Probate, and the estate is distributed according to a fixed legal formula.
That formula doesn’t account for personal relationships, informal arrangements or individual wishes. Unmarried partners are particularly vulnerable under intestacy – they have no automatic right to inherit regardless of how long they were together. Stepchildren who haven’t been legally adopted are in a similar position.
If you’d like to understand more about how intestacy affects blended families in particular, take a look at our guide on estate planning for blended families.
Common Probate Mistakes to Avoid
A few things come up again and again that cause unnecessary delays and complications:
Not obtaining enough copies of the death certificate early on is one of the most common. You’ll need more than you think, and ordering additional copies later slows things down.
Distributing assets before the Grant of Probate has been issued is another – executors can be personally liable if this goes wrong.
Missing HMRC deadlines for Inheritance Tax is costly, as interest starts to accrue after six months from the date of death.
Not keeping proper records of every transaction throughout the administration is a problem that often only becomes apparent later, when beneficiaries raise questions.
And underestimating how involved the whole process can be – particularly for larger or more complex estates – leads a lot of executors to wish they’d sought professional help from the start.
How Liberay Legal Can Help Bolton Residents With Probate
We know this is one of the most difficult things a family goes through, and we treat every case with the care and sensitivity it deserves.
Here’s why families across Bolton choose us:
- Clear, transparent pricing with no hidden surprises
- Compassionate and sensitive approach from start to finish
- Experienced probate specialists who know the process inside out
- Regular updates throughout so you always know where things stand
- Flexible service levels to suit every situation and budget
- Regulated by the Solicitors Regulation Authority
- Lexcel Accredited by The Law Society
- 4.8 out of 5 average online review rating
Led by Lisa Kirk, Head of Private Client, our team is here to take the weight off your shoulders and make sure everything is handled properly.
Get in touch today for a free initial consultation – there’s no obligation, and we’ll be straight with you about what’s involved and how we can help.
Contact us here or call 03330 115 105.
