Probate Guides & FAQs

Not always. Probate is generally required where the estate includes property in the deceased's sole name, or where financial institutions require a grant before releasing funds. Smaller estates, jointly held assets or assets held in trust may not require probate. We can advise you on whether probate is needed in your specific circumstances.

Applying for probate only typically takes 3–6 months from the date of death. Full estate administration — including collecting assets, paying debts and distributing to beneficiaries — typically takes 6–18 months. Complex estates, those involving property sales or disputes, or those with inheritance tax liabilities can take longer.

A Grant of Probate is issued where the deceased left a valid will and names an executor. Letters of Administration are issued where there is no will, or where the named executor is unable or unwilling to act. Both documents give the holder authority to deal with the estate.

Yes — there is no legal requirement to use a solicitor. However, many executors choose to seek professional advice, particularly where the estate is complex, includes property, involves inheritance tax, or where family relationships are strained. We can assist with the probate application only, or manage the entire administration on your behalf.

An executor is responsible for: locating and valuing all assets and liabilities; applying for the grant of probate; collecting assets; paying debts and taxes; preparing estate accounts; and distributing the estate to beneficiaries in accordance with the will. Executors can be personally liable if they distribute the estate incorrectly.

Yes. Beneficiaries can challenge an executor's conduct if they believe the estate is being mismanaged or that the executor is acting improperly. In serious cases, an executor can be removed by the court. If you are an executor facing a challenge, or a beneficiary concerned about the conduct of an executor, we can advise you.

Yes. Being named as executor in a will does not oblige you to act. You can renounce the role before taking any steps in the administration. If you have already begun to act, the position is more complex and you should seek legal advice before stepping down.

Property in Wales is subject to the same probate process as property in England. However, if the property is in Wales, there may be additional considerations — including Land Transaction Tax (rather than Stamp Duty Land Tax) if the property is being transferred to a beneficiary who then sells it. We regularly act on estates including property in Wales and can advise on all relevant issues.

The probate process is the same whether the deceased lived in England or Wales. However, if the deceased had connections to Wales — including property, bank accounts or other assets — we can assist. We are based in Chester and regularly act for families across North Wales and the Welsh border.

A will can be challenged on several grounds, including lack of testamentary capacity, undue influence, fraud, or failure to comply with the formal requirements for execution. If you have concerns about the validity of a will, you should seek legal advice promptly — there are time limits that may apply.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain categories of person — including spouses, children and dependants — can apply to the court for reasonable financial provision from an estate if they have not been adequately provided for. Time limits apply. We can advise on whether you may have a claim.