Understanding Probate: A Simple Guide for Families

sarahhitchengibbon
Aug 1
2 min read

Losing a loved one is never easy, and dealing with legal paperwork during such an emotional time can feel overwhelming. One of the key processes you may hear about is probate - but what exactly is it, and when do you need it?

At SHG Law, we understand how confusing probate can seem. That’s why we’ve put together this simple guide to help you understand the basics and feel more confident about your next steps.

What Is Probate?

Probate is the legal process of handling a person’s estate after they have passed away. It involves:

Confirming the will (if there is one) is valid.
Identifying and valuing all assets (such as property, savings, and investments).
Paying debts and taxes owed by the estate.
Distributing inheritance to beneficiaries as outlined in the will or by law.

If there’s a valid will, the executor named in the will usually applies for a Grant of Probate. If there’s no will, a close relative can apply for Letters of Administration.

When Is Probate Needed?

You’ll usually need probate if the person who has died owned:

Property in their sole name.
Significant savings or investments in their sole name.
Assets over a certain value that require formal legal authority to access.

You might not need probate if:

Assets were jointly owned (as they may pass automatically to the surviving owner).
The estate is small and banks release funds without probate.

How Long Does Probate Take?

The process can take 6 - 12 months on average, depending on:

The size and complexity of the estate.
Whether there are disputes between beneficiaries.
How quickly paperwork and valuations are completed.

Common Challenges Families Face

Even in straightforward cases, probate can feel daunting. Some common difficulties include:

Locating all assets and debts.
Understanding inheritance tax rules.
Dealing with disagreements between family members.
Managing complex estates with property, businesses, or overseas assets.

Why Use a Solicitor for Probate?

Handling probate yourself is possible, but many families find it stressful and time-consuming. Using a solicitor can:

Save time – we handle the paperwork and communication with banks, HMRC, and the Probate Registry.
Reduce stress – so you can focus on grieving and supporting loved ones.
Avoid costly mistakes – probate is a legal process, and errors can delay matters or lead to disputes.

How SHG Law Can Help

At SHG Law, we offer:

Clear advice so you understand every step of the process.
Fixed-fee options so you know the costs upfront.
Compassionate support during a difficult time.

We can handle the full probate process for you or assist with specific parts, depending on your needs.

💬 If you’ve lost a loved one and aren’t sure where to start with probate, contact SHG Law today for a friendly, no-obligation chat. We’re here to help you navigate the process with care and professionalism.

📞 Call us on 01422 730120

📧 Email us at info@shglaw.co.uk