Dealing with the Estate of someone who has died can be a stressful, overwhelming task. Many executors have little prior experience in estate administration, so terms like ‘probate’ and ‘grant of probate’ can cause confusion and exacerbate the strain of an already difficult time. Before beginning the job of distributing an estate in accordance with the terms of the deceased’s Will, it’s important to seek answers to fundamental questions such as ‘what is a grant of probate?’
At Birch & Co., we have a team of specialist wills and probate solicitors dedicated to assisting those tasked with estate administration to fulfil their legal duties and ensure the deceased’s wishes are respected. We understand that matters of this nature require a personal touch, and we couple our outstanding legal advice with compassion and sensitivity.
Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
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What Is Probate?
Probate is the legal entitlement to deal with someone’s estate when they die, this includes their property, money, and possessions.
What Is A Grant Of Probate?
A Grant of Probate is the legal document that evidences the executor’s rights to deal with the estate property. The deceased usually names those individuals they wish to act as executors in their Will. Often, they choose friends and family, but they may opt for professional executors, such as solicitors.
Do All Executors Need A Grant Of Probate?
A Grant of Probate does not provide executors with their power to deal with the deceased’s assets. That power is passed to them by the deceased under their Will. However, save in the few cases mentioned below, most executors will need to obtain a Grant of Probate before they can begin estate administration as evidence of their legal rights.
When Is A Grant Of Probate Required?
Executors always need a Grant of Probate if they need to deal with the deceased’s property, such as renting or selling their house. The only exception is if the deceased held the property as joint tenants with someone else, like their spouse. In those cases, full ownership will pass to the other owner.
A Grant of Probate is also usually required when the deceased held cash in bank or building society accounts, since most banks and builsing socieites will not release funds without first seeing confirmation of the executor’s rights.
However, if the cash held in the deceased’s accounts is small, the bank or building society’s probate policy may permit them to release the funds without the executor producing a Grant of Probate. Probate law does not dictate the threshold over which a financial institution should require a Grant of Probate. It is up to the bank or building society in question to decide those thresholds for itself.
Unhelpfully, the range of probate thresholds operated by UK bank and building societies is broad. Some, such as the Birmingham Midshires, may release funds of up to £50,000 without seeing a Grant of Probate. Others, such as M&S Money, require a Grant of Probate for anything over £5,000. You should check the bereavement policy of the relevant institution or contact them to establish what they require to release the funds.
When Might An Executor Not Need A Grant Of Probate?
It’s unusual for executors not to need a grant of probate to administer an estate, but it’s not unheard of. If the deceased’s assets are comprised of cash not held in bank accounts and personal effects, such as cars and jewellery, the executor may not need to obtain a Grant of Probate before dealing with them.
How We Can Help
Executors are not legally obliged to seek legal advice when administering an estate. You can undertake the process on your own if you wish. However, given the complexities of probate law, the onerous responsibilities placed on them, and the potential ramifications if things go wrong, most executors choose to seek support and guidance from experienced wills and probate solicitors like ours.
Our wills and probate solicitors have decades of experience in advising executors tasked with administering estates of all complexities and sizes. We will provide you with as much or as little support as you need, from advising on a discrete issue such as how to obtain the Grant of Probate, to overseeing the entire estate administration process. We pride ourselves on offering outstanding legal advice coupled with exceptional client care, as evidenced by our 5* Google rating. Our clients frequently comment on our solicitors’ ‘helpful’ and ‘patient’ manner, ‘positive attitude’ and ability to ‘take the stress out of situations’.
Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
“I cannot fault the professionalism and helpfulness throughout what has been a difficult time. I would not hesitate to use your services again and would recommend you to others.”
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