When Is Probate Required?
Probate is often required if:- The deceased owned property solely in their name.
- The estate is over a certain value. Some organisations will released funds up to a certain value without probate with guidance from the will.
- There is no valid will.
When Is Probate Not Required?
Probate may not be required if;- Assets are jointly owned with rights of survivorship. For example a property could be owned as tenants in common and the surviving owner will automatically inherit the house outside of the will.
- There are named beneficiaries on accounts for example life insurance or pensions.
- A living trust was used to hold assets.
Key Steps in Probate process:
- Filing the Will: If there is a will, it is submitted to the probate office. The will is retained by the probate office and is available on the public record.
- Appointing a Personal Representative: Also called an executor (if named in the will) or administrator (if there’s no will).
- Inventorying the Estate: Listing all assets, such as property, bank accounts, investments, and valuables.
- Paying Debts and Taxes: Settling any outstanding obligations of the deceased which include all debts of the estate.
- Distributing Assets: What remains is distributed to beneficiaries as per the instruction of the will. If there is no will the intestacy rules will apply.
Who can apply for probate?
It is normally the executors who apply for probate where there is a will or the beneficiaries where not. Each may engage with licenced probate practitioners such as ourselves to reduce the burden.If you are facing probate, do get in touch. We can help make it easier for you at a difficult time.Next steps
Find out more about probate and estate administration
For more details about our range of probate services, please get in touch through the form or download our Probate services brochure.
Meet our probate specialists in Abingdon
We are highly experienced and licensed probate practitioners, licensed by the Institute of Chartered Accountants in England and Wales (ICAEW), a licensing body for probate.
As full members of STEP (Society of Trust and Estate Practitioners) our services include probate activities, will writing, estate planning, applications for grants of probate, the administration of estates and the administration of trusts. We can advise on and minimise tax liability on Inheritance Tax and taxes related to trusts and estates.
We have the experience to ensure that the management of the estate will be handled professionally and sensitively. To find out how we can help you, please fill in the form below to contact one of our probate advisors in Abingdon.
Our probate specialists are based in Abingdon, Oxfordshire, and we have 4 offices across Berkshire, Oxfordshire and Wiltshire, and look after probate, estate, trust and tax clients from all across the UK.
