Probate – the questions we are frequently asked, and the answers

Wake Smith’s private client team answers dozens of queries each week from people navigating the probate process.

The professional legal team provides step-by-step guidance ensuring clients steer through the process smoothly and understand all the issues.

Using Wake Smith’s team to act on your behalf for the technical, legal elements and correspondence can vastly reduce your input, time and stress.

It can take between nine to 18 months to deal with probate matters.

Zoe Watson, paralegal in our Wills, Trust & Probate team at Wake Smith, answers the most common questions she gets asked most, providing a valuable resource for understanding the complex subject.

What is a Grant of Probate?

When someone dies a Grant of Probate may be needed to deal with the deceased’s assets.

This is a formal document issued by the Court that gives details of the deceased, the Executors and the gross and net values of the estate at the date of death.

Executors (the people authorised to deal with the estate) will need to show this document to the various financial and legal institutions in order to prove that they have legal authority to sell any property and close bank accounts etc.

I have a Will so does that mean Probate won’t be needed?

Having a Will does not mean that you do not need Probate. If you own a property or have substantial funds in a bank account, then a Grant of Probate will be required.

A house is a large asset and estate agents, solicitors and the new owners of the property need to see proof the people who are selling a house actually have the authority to do so. Having a Grant of Probate provides reassurance that assets are being handled and passed to the correct people.

Will there be a reading of the Will?

You may have seen scenes on television or in films where family members gather to hear a Will read aloud.

Although this idea originated in Victorian literature, in reality, this is not a required or standard step of estate administration in England and Wales.

The Executors are responsible for looking after the original Will and letting beneficiaries know that they have been included. This is usually done privately and sensitively, which can help make the process feel more manageable for everyone involved.

It is worth knowing, however, that if a Grant of Probate is needed, the Will becomes a public document once the Grant has been issued. From that point, anyone can apply to buy a copy of it.

Can my executors instruct a solicitor to deal with probate?

Yes, dealing with a full estate administration is a big job.

Some of the tasks involved include:

• Locate and identify the assets and any liabilities of the estate and contact each of the institutions to notify them of the death and find out what their requirements are for paying any outstanding bills or closing accounts.
• Collect together probate valuations for all assets.
• Work out whether any Inheritance Tax is payable and if so, complete the relevant forms that need submitting to HMRC and arrange payment of the Tax within the time thresholds.
• Apply to the Court for the Grant of Probate.
• Arrange to clear the contents from any property and market this for sale.
• Collect in all the assets and keep these in an Executors Account.
• Make sure all claims, debts and outstanding bills are received, assessed and paid
• Contact the beneficiaries to make them aware of their inheritance.
• Prepare Estate Accounts
• Arrange for the distribution of the estate in accordance with the terms of the Will
• Deal with taxation returns
• If the someone makes a claim against the estate the Executors are also responsible for defending any litigation.

This can be very time consuming and requires executors to liaise with numerous government and financial bodies. It can also be technically demanding navigating the various legal requirements and obligations that come with the payment of Inheritance Tax, applying for a Grant of Probate and ensuring that all bills are paid, and the estate distributed correctly between the beneficiaries. If your Executors are family members they will also be dealing with your loss and this can become a very demanding job.

If your executors don’t feel that they can take on the responsibility or that they don’t have the time to commit to the role, then they can instruct solicitors to act on their behalf in the administration. While they will still have to sign paperwork and have some input in the estate, the workload will be vastly reduced as a professional will be taking on the technical and legal elements and much of the correspondence.

How long does it all take?

People are often surprised by how long the entire estate administration can take.

Depending on the size of someone’s estate it can take anything from 9 to 18 months to deal with everything.

Due to the amount of work involved in dealing with an estate involves contact with third parties such as banks, government bodies, utilities companies etc. and if there is a property to sell, then this can also take some time.

There is then the preparation of estate accounts, ensuring income tax is paid during the administration period and correctly distributing the estate to the right beneficiaries. So be prepared for this to take some time.

Can I sell a house before the Grant of Probate is issued?

Yes and no is the answer to this question! Yes, you can put the property on the market and have viewings taking place, you can even accept an offer and get the initial conveyancing and legal formalities underway.

However, the sale of the property cannot complete until the Grant of Probate has been issued. 

If you decide to market the property before the Grant of Probate has been issued, then it is important that your estate agents are making any potential purchasers aware that the property is subject to Probate. 

For further information on Wake Smith’s private client services click here or to book an appointment to review your Will and estate planning please contact us online or call 0114 266 6660.

Published 14/07/26