Probate can feel daunting, especially when you’re grieving. Add in second-hand advice from friends, social media snippets, and half-truths from Google searches, and it’s easy to become overwhelmed.
At Viva Planning, we regularly hear the same myths about probate repeated by families. While usually shared with good intentions, these myths can cause unnecessary stress, delays, and even costly mistakes.
This article sets the record straight by addressing the most common misconceptions — and sharing the facts you need to know.
A Quick Refresher: What Is Probate?
Probate is the legal process of handling someone’s estate after they pass away. It involves collecting assets, paying off debts, dealing with tax, and distributing inheritance either according to a Will or, if no Will exists, under the rules of intestacy.
It’s a safeguard for both beneficiaries and the estate — but it isn’t always straightforward.
Common Probate Myths vs. The Facts
❌ Myth #1: “If there’s a Will, you don’t need probate.”
✅ Fact: Even with a valid Will, probate is often still required — particularly if the estate includes property, investments, or bank accounts above certain thresholds.
Why this matters: Financial institutions and the Land Registry usually won’t release funds or transfer property without a Grant of Probate.
How Viva Planning helps: We manage the probate application process from start to finish, avoiding unnecessary delays.
❌ Myth #2: “Probate always takes years.”
✅ Fact: Most estates are completed within 9–12 weeks after the application is submitted — unless complications arise.
Why this matters: Delays usually occur due to mistakes in applications, missing paperwork, or family disputes.
How Viva Planning helps: We liaise directly with HMRC and the probate registry, ensuring everything progresses smoothly.
❌ Myth #3: “Only a solicitor can apply for probate.”
✅ Fact: Executors or next of kin can apply themselves. However, they are legally responsible for any mistakes, including errors in tax calculations or asset distribution.
Why this matters: Getting it wrong could mean personal liability.
How Viva Planning helps: Our STEP-trained advisors provide professional expertise without the costs of a traditional law firm.
❌ Myth #4: “Probate is only for wealthy estates.”
✅ Fact: Probate may be required even for modest estates if property, pensions, or certain financial accounts are involved.
Why this matters: It’s not the size of the estate, but the type of assets that determine whether probate is needed.
How Viva Planning helps: We assess each estate individually and provide clear guidance on whether probate is necessary.
❌ Myth #5: “DIY probate saves money.”
✅ Fact: While you may avoid professional fees, errors and delays often cost far more — in time, stress, and missed opportunities for tax savings.
Why this matters: Many families attempt DIY probate but later turn to professionals after complications arise.
How Viva Planning helps: We offer fixed-fee support, flexible packages, and expert guidance to make probate stress-free.
Why These Myths Are Risky
Probate myths stick around because experiences vary, laws evolve, and online information is rarely tailored to your circumstances. Believing misinformation can lead to:
- Legal penalties
- Tax problems
- Delayed inheritance
- Conflict among family members
How Viva Planning Supports Families
At Viva Planning, our mission is to make probate clear, not complicated.
We provide:
- STEP-qualified probate and Will experts
- Full-service or partial probate support
- Transparent fees with no hidden costs
- Practical, jargon-free communication
- Personalised solutions for every family
We don’t just file paperwork. We help you understand the process, make informed decisions, and avoid costly pitfalls.
Still Unsure?
That’s normal — probate isn’t something most people deal with often. If you’re unsure whether you need probate, what paperwork is required, or how to start, Viva Planning is here to guide you every step of the way.
