Do I Need Probate? What Executors Need to Know

When someone dies, the person responsible for dealing with their Estate may need to apply for Probate before they can access assets, pay debts and distribute money or property to beneficiaries.

This can feel overwhelming, especially if you are acting as an Executor for the first time.

You may be unsure whether Probate is needed, what a Grant of Probate actually does, whether you can apply online, or what happens if there is no Will.

This guide explains the key points in plain English.

What is a Grant of Probate?

A Grant of Probate is a legal document issued by the Probate Registry.

It confirms that the Executors named in a valid Will have the legal authority to deal with the Estate of the person who has died.

Once a Grant of Probate has been issued, Executors can use it to deal with banks, building societies, investment providers, other organisations connected to the estate and the Property.

Probate does not, by itself, complete the administration of the estate. The Grant of Probate is used by the Executors to administer the Estate, by encashing the assets, clearing the debts and distributing the Estate.

When Is Probate Needed?

Whether Probate is required can depend on the type and value of the assets, how they were owned, and the requirements of the organisations holding them.

Some banks and financial institutions may release smaller amounts without a Grant of Probate, while others may ask for formal authority before they will deal with the Executors.

Probate may be needed if:

• There are significant savings, investments or shares
• A bank or financial institution requests a Grant of Probate
• The estate includes business assets
• There are inheritance tax considerations
• The Will includes trusts or more complex provisions
• There are questions about who has authority to deal with the estate

Probate will be required if the property is in the sole name of the deceased.

If you are unsure whether probate is needed, it is worth checking before taking action.

Executors are personally and legally responsible for ensuring the estate is handled correctly.

What Does a Grant of Probate Do?

A Grant of Probate gives Executors legal authority to administer the estate.

This may include:

• Collecting estate assets
• Closing bank accounts
• Selling or transferring property
• Paying debts and liabilities
• Dealing with inheritance tax reporting
• Distributing the estate to beneficiaries
• Keeping clear estate accounts

The Executor’s role will often involve more than simply completing an application form. There may be tax, legal and practical issues to consider before the estate can be finalised.

What Is The Probate Application Process?

Before applying for Probate, the Executors usually need to gather information about the estate at the date of death.

This may include contacting banks, pension providers, insurers, investment companies, mortgage lenders and other organisations.

Executors will usually need to identify:

• What assets the person owned
• Whether any assets were jointly owned
• What debts or liabilities need to be paid
• Whether inheritance tax forms are required
• Who is entitled to inherit under the Will or intestacy rules
• Whether there are any complications, such as trusts or missing documents

Once the necessary information has been gathered, the Probate application can usually be submitted online.

A paper application for the Grant may be required, depending on the circumstances.

Can Executors Apply For Probate Themselves?

Yes, Executors can apply for Probate themselves in many cases.

The online system is intended to make the process more accessible for professional and non-professional applicants.

Executors should, however, take care before submitting an application. Mistakes, missing information or incomplete tax details can cause delays. More importantly, Executors have legal responsibilities and may be personally liable if the estate is not properly administered.

Professional advice can be especially helpful where the estate includes property, inheritance tax issues, trusts, missing documents, family disputes or uncertainty about who should inherit.

Can You Make An Online Probate Application?

In many cases, Probate applications can now be made online.

This can make the process more straightforward for some estates.

Not every application, however, can be completed online. Some estates still require a paper application, particularly where there are complications with the Will, the executors, the tax position, the estate itself or if there is no Will.

Even when an online application is available, Executors still need to ensure that the estate information is accurate and that any inheritance tax requirements have been properly considered.

When Might A Paper Probate Application Be Required?

A paper probate application may be required where the estate or the circumstances are more complex.

This may apply where:

• There are issues with the original Will
• The Will cannot be located
• There is no Will
• The person entitled to apply is unclear
• There are foreign assets or documents
• The Will includes trust provisions
• There are questions around inheritance tax or exemptions
• A previous application has been stopped or delayed

If you have been told that a paper application is required, or you are unsure which route applies, it is sensible to seek advice before proceeding.

What If There Is No Will?

If someone dies without a valid Will, they are said to have died intestate. In this situation, the estate is dealt with under the intestacy rules.

Instead of a Grant of Probate, the person entitled to deal with the estate may need to apply for Letters of Administration. This gives them authority to administer the estate.

The absence of a Will can make matters more complicated, particularly where family circumstances are complex, there are disputes, or it is unclear who is entitled to inherit.

Why Executors Should Take Care

Acting as an Executor is an important legal responsibility.

Executors must ensure that the estate is administered correctly, that debts are paid, that tax requirements are considered, and that assets are distributed to the right beneficiaries.

This can involve dealing with:

• Inheritance tax reporting
• Estate accounts
• Beneficiary questions
• Trusts in the Will
• Property sales or transfers
• Missing information or documents
• Potential disputes

Executor responsibilities should not be underestimated. If an estate is dealt with incorrectly, an Executor may be personally liable.

Getting Help With Probate in Rustington, Littlehampton and West Sussex

You may wish to seek advice if:

• You are unsure whether Probate is needed
• You have started the process but feel overwhelmed
• There is no Will
• The Will cannot be found
• You have been told a paper application is required
• The estate includes property, trusts or tax issues
• There are disagreements between family members or beneficiaries
• You are worried about your responsibilities as an Executor

At EJ Moyle LLP, our Private Client team supports individuals and families across Rustington, Littlehampton, and the wider West Sussex area with probate and estate administration matters.

We can help executors understand what needs to be done and guide them through the process with clear, practical advice.

We can assist with the full administration of an estate or provide support with specific stages, depending on what is needed.

To discuss the best way forward, please contact our Private Client team on 01903 784447 or email scarelessshore@moyle.co.uk.