What Is Probate?

Probate is the legal and financial process for dealing with the estate of someone who has died. This includes:

• Proving the will is valid (if there is one) – The court must confirm that the deceased person’s Will is legally valid and reflects their wishes
• Identifying and valuing the deceased’s assets – This involves noting everything the deceased owned and determining its value
• Paying any outstanding debts and taxes – All debts and taxes, including Inheritance Tax, must be settled before anything can be distributed
• Distributing the remaining estate to the rightful beneficiaries – Then, the remaining assets will be distributed to the rightful beneficiaries.

Typically, an executor named in the Will must apply for probate before managing the deceased’s estate. If no will exists, a close relative can apply for letters of administration to carry out a similar role. Before the executor can distribute an estate as an inheritance, all taxes and debts belonging to the deceased must be paid.

Put simply, probate helps prove that a Will is valid and confirms who has authority to administer it for the person who’s passed away.

Why is Probate Important?

Probate is extremely important as it gives the legal authority needed to manage and distribute a deceased person's estate. Without probate, banks and asset holders could refuse to release funds. Here are some more reasons why probate is so important:

• Probate validates the Will
• Probate establishes legal authority
• Probate provides a clear process for distributing assets
• Probate helps make sure debts and taxes are paid (so they don't fall on beneficiaries)
• Probate protects the interests of all parties involved



There would be no formal process to verify the Will, distribute assets or manage debts. Probate provides clarity and peace of mind, ensuring the deceased's wishes are honoured.

When Is Probate Required

• When a deceased person owns a property or other significant assets in their sole name
• When distributing property and assets among beneficiaries where it was solely owned by the person who died
• When any part of the estate administration is disputed and there are legal proceedings
• When the person owned stock and shares in their sole name
• When their money is over the threshold of £5,000
• When the bank or other financial institutions ask for a Grant of Probate

If probate is needed, you may be wondering who’s responsible for applying for it. When a valid Will has been left, the named executor is responsible for applying for probate. If there’s no Will at all, the rules of intestacy will determine who is responsible for applying for probate.

When Is Probate Not Required?

• When the value of the deceased's estate is low
• If the deceased didn’t own property, land, or shares
• If the deceased was insolvent and had more debt and taxes to pay than they owned
• When the deceased has an insurance policy in the form of a trust
• The deceased's property or assets were jointly owned

Laurelo was founded after experiencing first-hand how complex and stressful probate can be. Established in 2013, we’ve built our ethos around three principles: families first, transparent fees and clear guidance in a personal setting.

What Makes Us Different:

• Award-winning and family owned
• Fixed fees agreed upfront – no hidden costs
• Free Probate consultation and advice line
• Nationwide home visits and flexible appointments
• 24/7 support when you need us most
• Trusted and recommended by Funeral Directors and professionals across the end-of-life and planning sectors.

“Laurelo made everything simple at a time when nothing felt simple.” 

– Mark & Sarah, Hertfordshire

How Does Probate Work?

Probate works slightly differently depending on whether the deceased person left a Will or not. The process is different, but the end result is the same – the Executors (where there is a Will) or Administrators (where there is no Will) are given the authority to deal with the estate.

Whether or not the deceased person left a Will can have a substantial impact on completing Probate. Wills are used to appoint Executors, set out wishes in relation to funeral plans, guardians for children and distribution of property.