Navigating the Probate Process in Oxfordshire: What You Need to Know
The death of a loved one is never easy, and when there are legal and financial matters to be dealt with, the experience can become even more overwhelming. If you find yourself responsible for handling someone’s estate in Oxfordshire, understanding how probate works can help you move forward with confidence.
In this article, we discuss probate in clear, straightforward terms, explaining what it is, how it works, and what you’ll need to do to ensure a streamlined process.
What is probate?
Probate is the legal process of managing and distributing a person’s estate after they’ve died. This includes confirming that their Will is valid, identifying and valuing their assets, paying off any debts and taxes, and distributing whatever remains to the rightful beneficiaries.
If there is a valid Will, the person named as the executor will handle the process. If there isn’t a Will, or if no executor has been named, the court appoints an administrator to take on the same responsibilities.
Probate gives the executor or administrator the legal authority to act on behalf of the deceased. This enables them to carry out numerous tasks, such as closing bank accounts, selling property, and transferring assets and ensuring any appropriate taxes are paid.
Do you always need to obtain probate when someone dies?
Not every estate requires probate. Whether you need it depends on the type and value of the assets involved.
You may not need to obtain probate if, for example,:
- The estate is small in value
- All assets were jointly owned and automatically pass to a surviving spouse or civil partner
However, it is generally necessary to obtain probate if:
- The deceased owned property, like a house, solely in their name
- There are significant savings, shares, or investments held by the deceased
- There are complex assets or disputes about the estate
If you’re unsure about whether probate needs to be obtained, it’s best to check with a professional advisors, including a Solicitor.
How to apply for probate in Oxfordshire
You can apply for probate yourself or appoint a Solicitor through a law firm, such as The Burnside Partnership to handle it for you. The process typically includes:
1. Registering the death
Before anything else, the death must be registered. In Oxfordshire, this can be done at one of the local Register Offices in Oxford, Banbury, Didcot, or Witney. You’ll receive copies of the death certificate which you’ll need for the probate application and when contacting banks or insurance providers.
2. Valuing the estate
Next, you’ll need to assess the total value of the estate. This covers everything the deceased owned, minus any debts, and can include:
- Property, including homes, land, or rental properties
- Savings and investments
- Personal belongings and valuables
- Pensions and life insurance policies
- Outstanding loans or mortgages
It’s important to value assets accurately, especially if the estate is large enough to be subject to Inheritance Tax (IHT). In 2025, IHT is typically payable on estates worth more than £325,000, however, a number of allowances and exemptions can apply.
3. Complete the probate application
If there’s a Will, you’ll apply for a Grant of Probate. If there’s no Will, you’ll apply for Letters of Administration. Both give you legal authority to deal with the estate.
Applications can be made online through the Gov.uk website or by post. You’ll need:
- The original Will, if there is one
- The death certificate
- A completed probate application form
- An inheritance tax form, even if no tax is due
The current probate cost is £300 for estates worth over £5,000 and free for estates worth less than £5,000. There’s an additional cost for copies of the Grant.
4. Pay Inheritance Tax (where applicable)
If the estate is taxable, you must settle any Inheritance Tax before probate is granted. HMRC offers several payment options, including instalments for property-related tax.
5. Receive the grant
Once your application is approved, you’ll receive the Grant of Probate or Letters of Administration depending on your circumstances. This usually takes between four and 12 weeks or more, depending on the complexity of the estate and whether there are any delays at the Probate Registry.
6. Administer the estate
Once you’ve obtained the Grant of Probate or Letters of Administration, you can start managing the estate’s assets. This includes:
- Closing bank accounts
- Selling property or investments
- Paying debts and outstanding bills
- Distributing the remaining assets according to the Will (or intestacy rules, if there’s no Will)
Keep accurate records of all transactions so you can prove how the state was managed.
What are the most common challenges in the probate process?
Even with the best preparation, probate can sometimes become complicated. Here are a few common issues that people encounter:
- Will disputes – Family disagreements about inheritance or the validity of the will can delay the process. In this case, mediation or legal advice may be necessary.
- Property sales – Selling property, especially in Oxfordshire’s competitive housing market, can slow things down
- Missing assets or debts – Locating all accounts and liabilities can be complicated if the deceased’s records are incomplete
- Inheritance Tax complexity – Understanding tax exemptions and reliefs, especially for property or agricultural land, often requires professional guidance
In these situations, consulting a probate Solicitor in Oxfordshire can save time, reduce stress, and ensure compliance with legal obligations.
Tips for a smoother probate process
1. Keep all paperwork, correspondence, and receipts organised in one place
2. Keep beneficiaries informed to prevent misunderstandings which can delay proceedings
3. Seek advice from a probate lawyer early on to navigate complicated issues
4. Be prepared to be patient as probate can take several months, especially if property sales or tax issues are involved
Navigating the probate process can feel daunting, but it doesn’t have to be. With a clear understanding of each step, from registering the death to distributing the estate, you can manage the process with confidence.
At The Burnside Partnership, we handle probate matters professionally and efficiently while ensuring tax planning opportunities are maximised. For expert support and advice, contact us today and discover how we can help you navigate the probate process in Oxfordshire.