In its strictest sense, probate is defined as the legal authority to manage a deceased person’s assets. When someone dies, the executor named in their Will must apply for a grant of probate, which gives them the right to deal with the deceased’s property and possessions.

If there is no Will, the rules of intestacy apply. In this case, an administrator applies for a grant of letters of administration, which is the equivalent of a grant of probate and gives them the legal authority to administer the deceased person’s estate

However, the term ‘probate’ is now commonly used to refer to the entire process undertaken after someone dies (also known as estate administration).

Whether probate is required depends on the deceased’s financial situation.

Probate is generally required if the deceased’s estate includes property, such as a flat or a house, or the person who died had significant assets in their sole name.

If the deceased's estate is just made up of cash, the amount of money is small (generally under £5,000), or the estate is insolvent, probate is not usually required.

Property held jointly as joint tenant passes automatically to the surviving owner. Similarly, any bank accounts held in joint names can usually pass to the surviving account holder without probate on production of a death certificate.

If someone dies without a Will, the most ‘entitled’ person (their closest living relative) can apply to be the administrator of the estate.

Estate administrators apply for a grant of letters of administration which gives them the legal authority to deal with a deceased person’s estate, like a grant of probate.

The main stages of probate are:

• Step one: Register the death.
• Step two: Value the estate.
• Step three: Pay any inheritance tax (IHT) due.
• Step four: Apply for grant of probate.
• Step five: Gather the assets in the estate.
• Step six: Pay off debts.
• Step seven: Distribute assets.

However, this is a very simplified version of what can be a very complicated process that can throw up challenges at every stage.

Specialist probate solicitors provide invaluable advice and support to estate administrators and can help navigate any difficulties that might arise.

For more information about what probate involves, read our previous blog by clicking here.