Probate Solicitors

Probate is the process of “proving” a person’s will, but the term is widely used to describe the full legal and financial process that takes place when someone dies leaving money, property or possessions.

If a will exists, the executor named in it will usually need to apply for a Grant of Probate. This is a legal document issued by the Court that gives the executor authority to deal with the deceased’s affairs. This includes bank accounts, property, investments and personal assets.

If there is no Will, a close relative may need to apply for Letters of Administration instead. These are issued when someone dies intestate (without a will) and allow an appointed administrator to manage the estate under the rules of intestacy, which set out who inherits based on the deceased’s closest relatives.

The administrator is responsible for the same tasks as an executor.

Whether you need to apply for a Grant of Probate depends on several factors:

• The value of the estate – Smaller estates with only modest assets may not require probate, while larger estates usually do.
• How assets were owned – Jointly owned assets, such as property or bank accounts, may pass automatically to the surviving owner. Solely owned assets, however, often require a Grant of Probate.
• Whether a will exists – Having a will doesn’t automatically remove the need for probate, it simply names the executor who can apply.
• Requirements set by banks, lenders or the Land Registry – Even if the estate is straightforward, some institutions may require a Grant of Probate before releasing funds or transferring ownership.
• Pensions, stocks and shares – Most pension pots fall outside the estate for probate purposes, but if there are lump-sum payments due to the estate, probate may be required before the provider releases them. Shares and investment accounts almost always require probate unless the holdings are very small or jointly owned.

Not all estates require probate, but many do. If you’re unsure, our experienced probate solicitors can assess your situation, clarify whether probate is needed and guide you through the next steps.

The timescale depends on the complexity of the estate. In most cases, the process takes between 6-12 months, but it can take longer if the estate includes:

• Property to sell
• Inheritance Tax considerations
• Complex financial arrangements
• Difficult-to-trace assets
• Disputes between beneficiaries

At GSB Solicitors, we guide you step by step, keeping the process as clear and manageable as possible.

Sometimes disputes arise about how a person’s estate is managed. Contentious probate covers any disagreements relating to a will, the administration of an estate or the distribution of assets.

Common issues include:

• Disputes about the value or distribution of assets
• Disagreements between beneficiaries
• Concerns over how executors are managing the estate
• Questions about the validity or wording of the will
• Claims involving estates where the deceased died intestate (without a will)

Many disputes can be resolved through negotiation, but in some cases court involvement may be required.

Most contentious probate claims must begin within 6 months of the Grant of Probate being issued. Claims brought outside this window usually require agreement from all parties or permission from the Court.

If you have been left out of a will, or believe you have not received sufficient provision, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. We can advise you on whether you may have grounds to make a claim and how the process works.

At GSB Solicitors, you’ll work with experienced and approachable probate specialists who provide clear, jargon-free guidance from start to finish. We support clients with both straightforward and complex estates, offering transparent fees and fixed-fee options for added peace of mind.

Our team has extensive experience in both uncontested and contentious probate matters and as trusted local solicitors, we have spent many years helping families navigate the probate process with confidence.