It isn’t always needed. For example, if all assets are held jointly by husband and wife, on the first death it is unlikely probate would be necessary. However, for a significant number of estates it would be required.

Frequently asked questions

Could I do it myself?

Yes, you could. In most cases, this would involve an online probate application. How long it would take to reach that stage depends on the complexity of the estate such as the number and type of assets, if a business is involved, if there will be inheritance tax due and if there is a will.

Should I do it myself?

Most people will only be involved in applying for probate once or twice in their lives, and inevitably this will be at a time when there are a lot of other claims on your time and emotions are likely running high. Executors will frequently, therefore, be looking to a trusted adviser to assist in that process.

Who should I use?

Historically, this has very much been the domain of solicitors, but a number of accountants across the UK are now authorised to conduct probate work. This means that individuals within the firm have undergone additional training to undertake the work, so you can be sure that they have the ability and knowledge to support you through this often-complex process.

Accountants often have long-standing relationships with their clients, meaning the ‘trusted adviser’ relationship has already been built. Their knowledge of the deceased’s affairs – the number and type of assets, details of lifetime gifts or other inheritance tax planning undertaken in lifetime – can give you the security of knowing that everything has been taken into account.

There will, of course, also be times you absolutely should be using a solicitor. Primarily this will be if the estate is contentious or looking like it may become so. In those circumstances, only a litigating solicitor would be able to undertake the work.

Estate administration

Once probate has been granted, that isn’t the end of the process.

Assets need to be encashed or transferred, debts settled and distributions made to beneficiaries. This is the part of the process the lay executor is generally more comfortable undertaking. However, in a complex estate this can still be fraught with difficulties. The right adviser will be able to either guide you through the administration, or deal with it for you if that is your preference.

The death of a loved one will be a difficult time, but choosing the right adviser and level of service may make the necessities of probate and estate administration that bit easier, and it can take the weight off your shoulders.

This article was published in the Winter/Spring 26 edition of the Essex Director.