FAQ - Grant of Probate Archives - Leech & Co

When can the property be sold?

Matthew Connery — Tue, 30 Jun 2026 13:49:14 +0000

In order to sell the property, you will need the Grant of Probate / Letters of Administration. A property can be put on the market and sale terms agreed, but the actual sale cannot complete until the Grant/Letters have been issued.

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Do you deal with the sale of the property?

Matthew Connery — Tue, 30 Jun 2026 13:48:47 +0000

We don’t deal with the sale of the property, but we will recommend a conveyancing solicitor to you to deal with the sale. You are, of course, entitled to instruct a solicitor of your choice. The fees for the conveyancing solicitor (and the Estate Agent) will be deducted from the proceeds of sale of the... Read More

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Do you deal with contentious Probate matters?

Matthew Connery — Tue, 30 Jun 2026 13:48:34 +0000

We don’t deal with Contentious Probate matters. However, if we cannot help you with an Estate or a dispute, we will find a suitable solicitor to help you

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Will Inheritance Tax have to be paid?

Matthew Connery — Tue, 30 Jun 2026 13:48:15 +0000

We will make a full assessment of whether Inheritance Tax will need to be paid by the Estate when we have been able to make a full assessment of the elements of the Estate i.e. the assets and debts.

If you would like to discuss Inheritance Tax generally and the thresholds that may apply to the Estate, then please contact us

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The Estate is very straightforward and the value is small. Can you just deal with the paperwork for the application?

Matthew Connery — Tue, 30 Jun 2026 13:47:50 +0000

Yes, we can. If the Executor wishes to confirm the elements of the Estate and with the distribution of the monies following the issue of the Grant/Letters, then we can prepare the paperwork for the application.

Please find more information in our Grant of Probate and Estate Administration section here

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I’m an Executor, can I deal with the Estate myself?

Matthew Connery — Tue, 30 Jun 2026 13:47:22 +0000

Yes, an Executor can deal with an Estate, but there are various complex matters to consider and potential pitfalls to avoid, there are large amounts of paperwork to deal with and the matter of dealing with the Estate and distributing the monies to the Beneficiaries is a significant personal and legal responsibility.

Also, it is common for the appointed Executors to be family members of the deceased and so the Executors will be grieving at the same time as trying to deal with the Estate. Following the death of a loved one, Executors may not want the additional stress of dealing with the Estate.

As Solicitors, we are fully regulated and insured and very experienced in dealing with these matters. Our aim is to take away from the Executor(s) the responsibility, stress and legal burden of their role and ensure that the process is dealt with correctly and efficiently.

Please find more information in our Grant of Probate and Estate Administration section here

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How long with the Probate process take?

Matthew Connery — Tue, 30 Jun 2026 13:45:12 +0000

This is difficult to be confirm because each Estate is different. For example, there may be delays identifying and/or confirming the assets and debts of the Estate, the application process may be complex and lengthy due to the nature of the Estate, inheritance tax may be payable and this will involve dealing with HMRC, there is no precise timescale for the Probate Registry to deal with the Estate and the process of obtaining the funds for each asset will vary and can be lengthy.

We will always provide the Executors or Administrators of the Estate with a time estimate at the outset of the Estate, but this can only be an estimate. However, we will generally expect to conclude an Estate within 6 to 12 months of instructions.

Please find more information in our Grant of Probate and Estate Administration section here

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What is Probate?

Matthew Connery — Tue, 30 Jun 2026 13:43:26 +0000

Probate is the legal process that allows the Estate of a deceased to be concluded i.e. essentially for the Estate debts to be paid, assets to be sold and the net value of the assets to be distributed to the Beneficiaries.

If there is a Will which appoints Executors to deal with the Estate, the legal document that allows this process to happen is called the Grant of Probate.

If there is no Will, then Administrators are appointed to deal with the Estate (essentially the same role as Executors) and the legal document that allows this process to happen is called the Letters of Administration.

Please find more information in our Grant of Probate and Estate Administration section here

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I am the relative of the deceased, but there is no Will. What do I do?

Matthew Connery — Tue, 30 Jun 2026 13:42:24 +0000

If there is no Will, the Estate will be dealt with by the rules of Intestacy. These rules will dictate how the Estate is divided and who will inherit.

Administrators will need to be appointed to deal with the Estate and these will usually be relatives of the deceased.

Please find more information in our Grant of Probate and Estate Administration section here

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Is a Grant of Probate always needed?

Matthew Connery — Wed, 25 Sep 2019 10:39:33 +0000

Not always – if the value of the Estate is small i.e. small amounts in bank accounts, and there is no property, then the Estate may be concluded without the Grant of Probate.

However, if the value of certain assets is sufficiently high, then the asset holder e.g. the bank, will request a Grant of Probate to release the funds to the Executor.

If there is a property included with the Estate that needs to be sold or transferred, then a Grant of Probate will be needed.

Please find more information in our Grant of Probate and Estate Administration section here

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