Probate
Understanding Probate and what it means for you
Have you recently suffered a bereavement?
Are you unsure what probate is, how to start it, and how long it takes?
Are you worried about tax or how the estate will be shared out?
It’s hard enough when someone dies even if it is expected.
Along with having to arrange the funeral and inform family members, you now have the stress of dealing with their financial affairs.
If you are unsure of the steps involved, or they haven’t written a Will, it can feel overwhelming.
When someone dies, their possessions and assets, also known as their estate, need to be legally divided. The law lays out a specific process to distribute their assets.
The process becomes more complex if the individual dies without a Will.
But whatever the scenario, it helps to have an experienced Solicitor by your side to guide you through the legal complexities.
See what our clients have to say…
What exactly is Probate?
Probate is the process of sorting out someone’s estate when they die. For most people, this means reporting their estate information to the Probate Registry, collecting in and then sharing out their assets.
What happens if there is a Will?
Those named as executors will usually need to apply for a ‘grant of representation.’ Put simply this gives them the authority to distribute and administer the estate.
What happens if they die without a Will?
If they don’t have a Will, the process is more complex and the law will divide their estate according to what’s known as ‘The Rules of Intestacy’. Under these rules, only married, civil partners, and some other close relatives can inherit.
If you haven’t written your will, and you’d like to find out why you should consider doing so, and the help available, click on the link below.
Can I do Probate myself?
If you considering saving costs, you may have scoured the internet and considered a DIY attempt at probate.
Before making your decision it’s best to weigh up the pros and cons.
Will you need help and guidance?
When you consider what’s at stake, it helps to have someone by your side with the right legal expertise. It’s often the questions we ask, and the assumptions we talk through that help uncover unseen considerations.
The process is more likely to be challenged or contested
A Solicitor puts a buffer between you and the process. They can reduce the emotional distress of any legal challenge, and shelter you should anyone question your actions.
Peace of mind
While you may be careful and considered in your approach, an experienced solicitor will reduce the likelihood and fear of making mistakes, protecting you from problems further down the line.
A probate specialist Solicitor can save you time and give you peace of mind.
To find out more, click on a link below to arrange a time to talk to a probate specialist.
Your Probate services team at Tierneys Solicitors
Ginette McCaffery
Solicitor
Joined Tierneys in 2026
Andrea Cerevkova
Private Client Executive
Joined Tierneys in 2026
Emma Field
Legal Assistant
Joined Tierneys in 2019
Poppy Liptrott
Legal Assistant
Joined Tierneys in 2026
See what our clients have to say…
— FAQs: Frequently Asked Questions
The most common questions we’re asked about Probate
Simple and concise answers to give you a basic understanding of what’s involved.
Do I need Probate?
Probably. Decades ago, only the wealthy needed Probate when they died.
Now, if a deceased person owned a house and modest savings, you will need Probate to deal with them.
What will Probate cost?
It depends on what is in the estate and how much you want us to deal with.
We can give a fixed fee just for obtaining the Grant of Probate, but if you want us to deal with other aspects, we will need to discuss these first before giving you a fee estimate.
How long does Probate take?
It varies, but even the quickest turnaround can take 6 months. The Probate Registry advise it can take up to 4 months to issue Probate from the time you apply.
Getting the Grant of Probate is one thing. Dealing with an estate in full, for example, closing bank accounts, selling houses and paying debts takes time.
We find a typical estate takes between 8 and 12 months to deal with in full.
Who is responsible for sorting out Probate?
If there is a Will, then the executor. They need to deal with it themselves or instruct Solicitors to help.
If there is no Will, then responsibility falls first to the spouse, then children, and so on. If you are a close family member and unsure if you should be acting, please get in touch, and we can advise you.
Can I do Probate myself?
Yes, though whether you will want to often depends on the estate and your circumstances.
If you knew the deceased well and they did not leave much to deal with, you may find the online process straightforward.
If their estate is larger, there may be tax or other rules you don’t know about and could fall foul of.