Probate can often feel overwhelming, especially during a difficult time following the loss of a loved one. If you’re dealing with the estate of someone who has passed away, understanding the probate process is essential to ensure everything is handled correctly and efficiently.
What Is Probate?
Probate is the legal process of dealing with a deceased person’s estate. This involves gathering their assets, paying any debts and taxes, and distributing what’s left according to their Will—or if there is no Will, according to the rules of intestacy.
Why Is Probate Important?
Probate is necessary to establish who has the legal right to manage and distribute the estate. Without probate, banks and other institutions will usually not release money or property, which can delay access to funds needed for funeral costs or ongoing bills.
Recent Changes Affecting Probate
In 2025, there are a few important updates that people should be aware of:
· Inheritance Tax Thresholds: The government periodically adjusts the threshold at which inheritance tax applies. Staying informed about these changes can help executors plan the estate distribution more effectively.
· Digital Assets: Increasingly, estates include digital assets such as online bank accounts, cryptocurrencies, and social media profiles. Executors may need to take extra steps to access and manage these.
· Probate Fees: While probate fees in England and Wales remain relatively modest, there is ongoing discussion about potential reforms. Executors should keep an eye on announcements from HM Courts & Tribunals Service to avoid surprises.
Common Probate Challenges
Handling probate isn’t always straightforward. Some common issues include:
· No Will (Intestacy): If the deceased didn’t leave a Will, the estate is distributed according to strict legal rules, which may not reflect their wishes.
· Disputes Among Beneficiaries: Sometimes disagreements arise about who should inherit what, which can delay the process.
· Missing or Complex Assets: Tracking down all assets can be tricky, especially if the deceased owned property abroad or had complicated financial affairs.
How Executors Can Prepare
Executors have a legal responsibility to administer the estate properly. To help things run smoothly, it’s advisable to:
· Gather all relevant documents, including the Will, bank statements, and property deeds.
· Notify banks, utility providers, and relevant organisations of the death.
· Obtain a copy of the death certificate from the registrar.
· Keep clear records of all payments made and received during the process.
How BSG Solicitors Can Support You
While probate can be managed personally, having professional legal support can make a significant difference—especially with complex estates or if disputes arise. At BSG Solicitors, our experienced probate team can guide you through each stage, from applying for the Grant of Probate to administering the estate fully and resolving any issues that may occur.
We aim to provide clear, practical advice to help executors fulfil their duties efficiently and with confidence, taking some of the pressure off during a difficult time. Call 01524 386500 or 01772 253841 to arrange an appointment.
