Five step guide to probate – No.2 – do I need to obtain a grant of probate?

3rd September 2015

When a loved one dies, not only is it an emotional time for close relatives but there is a lot to do including registering the death and organising the funeral. You will also need to make appropriate arrangements regarding the assets and property of the deceased. If your loved one left a will, their wishes should be clearly set out for the executors to follow. If there is no will, then the intestacy rules will determine who will inherit and in what order.

Regardless of whether there is a will or not, someone to get the legal authority to deal with the estate, and this process is known as obtaining a grant of probate. The process can be complicated and an inexperienced executor could cause unnecessary delays.

In this series of blogs, Shelly Wainwright, solicitor in the wills and probate team at Ansons Lichfield office, Staffordshire, answers your frequently asked questions on probate – including how the probate process works, how you need to apply and how we can help.

Do I need to obtain a grant of probate or letters of administration?

This will depend upon the value of the deceased’s estate. The value of the estate is calculated on what the deceased held in their sole name and also half of anything they held in joint names with anyone else at the date of death.

If the deceased has an estate worth less than £15,000 then it is unlikely you will need to make an application. If the deceased held assets worth more than £15,000 and owned a property or shares then a grant of probate or letters of administration will be needed to administer the estate.

Our wills and probate team advise and support families throughout Staffordshire in making an application for probate. We can also act as a professional executor.

For further information and advice, please contact Shelly Wainwright in the wills and probate team, on 01543 267 984 or email Ansons Solicitors has offices in Cannock and Lichfield, Staffordshire.