Probate is the process involved in applying to deal with a deceased person’s estate. Probate itself must be obtained in order for the estate to be administered to the correct beneficiaries.

The process of obtaining probate differs according to whether or not the deceased left a will. If they have left a will, within said will a person or people should be named as the “executor” or “executors.” Those named as executors are responsible for dealing with the deceased’s finances following their death, and therefore, responsible for obtaining probate.

If there is no will, dealing with the matter becomes much more complicated. It can take months or sometimes even years for the entirety of the matter to be resolved. This reiterates how important it is for anyone in possession of valuable assets to write a will—not doing so could result in relatives having to cope with a great deal of additional stress, on top of mourning the death of a loved one.

When there is no will it is usually the closest relative to the deceased that will be responsible for obtaining probate. This will usually be a spouse, child, or parent.

However, obtaining probate is a very difficult legal process, and it is advisable to seek the help of professionals in order to guarantee that everything is completed properly and efficiently.

While it is possible to obtain probate without legal help, most would advise against this. Even if a person feels they are able to handle the responsibility, any mistakes could turn out to be very costly. Because of this, going straight to a professional can often keep the probate fees lower than if the process is attempted alone.

However, there are a number of cases in which a grant of probate will not need to be obtained. Depending on the country or state, there is usually a particular threshold for which, should the deceased’s assets lie beneath it, probate is not required. For example in the UK, this threshold is £5,000.

In addition, if the deceased’s possessions were jointly owned, then the joint owner will automatically inherit the other half of the estate.

In order to ensure that probate is not required and the estate can be freely distributed, copies of both the death certificate and will (if there is one) will need to be supplied to the relevant bodies.

It should also be noted that probate will not be granted until a certain percentage of the inheritance tax (often all of it) has been paid. Inheritance tax is one of the few reasons for which monies are permitted to be released from an estate prior to probate being granted.

When choosing legal assistance it is advisable to select carefully. It is not uncommon for the deceased’s bank to offer their services, claiming that since that is where the person’s money is held, it is the easiest solution. However, the probate fees they demand tend to be very high and in many cases, the bank simply outsources the work to a specialist probate firm rather than doing the work themselves.

Due to competition in the industry, it is now possible to locate probate firms that will offer fixed probate fees in order to complete probate. Many probate firms will charge their probate fees based on an hourly rate. While for simple cases this could be the best option, it is very easy for firms to intentionally prolong the amount of time they spend on the case. What’s more, if the case turns out to be much more complicated than anticipated, the probate fees could run out of control.

This post was written by James Harper on behalf of the Wills and Probate Service. James writes on a number of subjects including personal finance.