Probate – why bother?

Ah, probate. The word alone sends shivers down the spine, doesn’t it? It conjures up images of dusty offices and forms as thick as an encyclopaedia. For most people, it sounds about as appealing as getting a root canal while listening to a bagpipe solo. And I can hear the chorus already: “Why bother with probate? It’s just more paperwork. Surely it’s just another way for the government to slow things down and siphon off a few quid? Well, not exactly.

I get it. You’ve just lost a loved one, the last thing you want to deal with is bureaucracy. But here’s the thing: probate isn’t just another meaningless hoop to jump through. It’s there for a reason – a reason you’ll appreciate once you realise what happens when people *don’t* bother with it.

Firstly, probate is the only thing that stops absolute chaos from descending. Without it, there’s no official proof that you have any right to take control of the deceased person’s estate. You’d think, “Well, I’m their son/daughter/spouse, surely that’s enough?” Sorry to burst your bubble, but no. Banks, insurance companies, and even your great aunt Maude’s prize-winning dahlias aren’t going to be handed over just because you flashed a family photo.

Probate is what gives you the legal power to manage someone’s estate. Without it, you’re basically stuck in limbo. You can’t sell their house, access their bank accounts, or distribute their assets. It’s like owning a car but being told you can’t drive it until you’ve passed a driving test – frustrating, yes, but also vital to avoid total anarchy on the roads. The paperwork might feel like a bit of a grind, but imagine the carnage if everyone could just take whatever they fancied from someone’s estate without any checks or balances.

“But it’s just a small estate!” you cry. “What difference does it make?” Well, let me paint you a picture. Imagine Uncle Bob, who was always a bit tight with his money, dies without leaving a will. You think, “It’s only a few grand in his bank account and a shed full of tools, do I really need to bother?” Yes. Yes, you do. Because here’s what happens when you don’t: other family members start appearing from nowhere. Suddenly, Cousin Larry, who hasn’t been seen since the ’90s, emerges from the woodwork, claiming that Uncle Bob *definitely* promised him the few grand and the shed and all its contents.

Without probate, there’s no legal record of who gets what, and you’re in for a family feud that makes the plot of *Succession* look like a picnic. Probate stops these disputes before they start.

And if you think you can outsmart the system and just start divvying up the estate without probate, then you might want to think again. Try selling a house that still technically belongs to someone who’s six feet under. It’s not happening. Without probate, you’re legally powerless.

Yes, probate involves forms and yes, it takes time. But it also gives you clarity and control. It’s the difference between a legally sound transfer of assets and a free-for-all that will end in tears, court cases, and potentially, a fistfight at the family Christmas party.

In short, probate is one of those necessary evils that, while annoying, prevents a whole lot of headaches down the line.

So, why bother with probate? Because it stops the chaos. It keeps the peace. And, most importantly, it keeps Cousin Larry far, far away from that shed.

Anna Boucher

We’re probate lawyers in Oxford, Marlow and London and we serve these areas and surrounding regions with care and expertise.

Please contact Anna on 07534 581748 on at anna.boucher@theburnsidepartnership.com