Dealing with a loved one’s death is hard enough; without trying to work out the legal complications in dealing with their estate and what Probate actually means. Most people have heard the word but are not entirely sure when it applies, whether they need legal help or how long the whole process takes. We aim to simplify the process for you, so you can decide what to do next.
What Actually Is Probate?
Probate is the legal process of administering a deceased person’s estate. Before assets can be distributed to beneficiaries; debts need to be settled, assets need to be valued and someone needs the legal authority to do all of that. Probate is what gives them that authority.
In cases where there is a valid will, the executor named in it applies for a Grant of Probate. When there is no will, or no executor is available to act, a close relative can apply for Letters of Administration. Both documents do the same job. They give the personal representative the formal power to deal with the estate.
Not every estate needs probate. Very small estates, or those where assets pass automatically through jointly held accounts or named beneficiaries, can sometimes be dealt with without it. But if the person who died owned property, held significant savings or had any complexity in their financial affairs, probate is almost certainly needed.
Do You Always Need Probate Solicitors?
No. It is possible to handle probate yourself and plenty of people do, particularly for simple estates. But simple estates are less common than most families expect. Add in a property, an investment portfolio, a business or any kind of dispute and the process gets complicated fast.
There is also the inheritance tax question. If the value of the estate is more than the current nil-rate band of £325,000, HMRC needs to be involved before the Grant of Probate is issued. Getting the tax calculations wrong leads to delays and financial penalties. This is why many families across Derbyshire turn to probate solicitors at that stage even if they started the process themselves.
When Probate Solicitors Really Do Make a Difference
In some situations it becomes necessary to ask for professional advice, not just helpful. The most common complications are worth spelling out.
When someone dies without a will, their estate is dealt with under the intestacy rules. These rules dictate who inherits and the order that they inherit, and they do not always produce the expected outcomes. Blended families and estranged relatives can make the intestacy process particularly unpredictable.
Disputed wills are more common than people think. Research from Dutton Gregory Solicitors has pointed to a sustained rise in contentious probate cases in England and Wales, partly driven by rising property values. Once a dispute starts, having legal representation is not optional.
Estates involving overseas assets, property abroad or bank accounts in other countries are subject to different legal systems. Those situations require specialist advice in each jurisdiction alongside the English process.
An insolvent estate, where a person died with more debt than assets, has to be administered in a specific legal order. Executors who get that wrong can find themselves personally liable for the shortfall.
And where beneficiaries simply cannot be found, distributing the estate without proper legal safeguards in place carries real risk for the executor.
At Broadbents Solicitors, the wills and probate team handles all of these situations regularly. The firm has been advising clients across Derbyshire on estate administration for over 200 years, so very little comes as a surprise.
How Long Does Probate Take in England and Wales?
This is what most families want to know first. The honest answer is that it depends, but it helps to break the process into stages.
Gathering information and completing the HMRC inheritance tax forms usually takes four to eight weeks. Financial institutions vary in how quickly they respond, and delays here are common. Then, HMRC takes four to six weeks, on average, to process the forms and issue the clearance code needed, before the probate application can go in.
Once the application reaches the Probate Registry, the current waiting time is around five to six weeks, as of mid-2025. Which is a real improvement; in late 2023, it was common for families to wait over 14 weeks, but since then the Registry has made significant progress in clearing the backlog.
After the Grant of Probate or Letters of Administration are issued, the executor can start handling the estate by: collecting assets, selling property and settling outstanding debts. This final stage takes the longest. For estates involving a property sale, the whole process typically runs to between nine and eighteen months. Estates without property are often completed in six to twelve months. Complex estates, typically involving trusts, overseas assets, disputed claims or ongoing HMRC investigations, can take two years or more.
What Probate Solicitors Actually Do
Commonly it is assumed that instructing probate solicitors means handing everything over. In reality, more flexible arrangements are organised by families, dealing with straightforward tasks themselves while getting professional help on the technical parts.
The probate team at Broadbents Solicitors can take on as much or as little as the family needs. We can apply for the grant on behalf of the executor, prepare and submit inheritance tax forms. Once matters are sorted with HMRC, we can handle conveyancing during a property sale within the estate, distribute assets to beneficiaries and produce formal estate accounts. We can also manage disputes before it escalates to court. Fixed fee options are available for more straightforward estates, so families know the cost upfront rather than worrying about an open-ended hourly rate.
A Note on DIY Probate
Doing it yourself is legal and, for simple estates, entirely reasonable. But executors are personally responsible for errors in the estate administration.For example: if inheritance tax is underpaid, the executor is liable; if assets are distributed before debts are settled, the executor may need to cover the difference from their own money. For complex estates, those risks are not trivial. Early advice tends to save time and money further down the line, even if you end up handling most of the process yourself.
Speak to us Before You Decide
You do not have to fully hire probate solicitors to get useful advice. An initial conversation with the team at Broadbents Solicitors in Derbyshire will give you a clearer picture of what the estate involves, what needs to happen and whether professional help is necessary, or whether some guidance is enough.
Probate is rarely quick. But it does not have to be complicated if you understand the process and know when to ask for help. Contact our probate team for advice.
