Probate and Estate Administration in Lurgan, Portadown & Craigavon
Losing someone is hard enough without a confusing legal process on top of it. This plain-English guide explains how probate and estate administration work in Northern Ireland, what the steps are, and when a family in Lurgan, Portadown or Craigavon should speak to a solicitor.
When someone dies, their money, property and belongings make up their estate. Before that estate can be shared out, someone usually needs legal authority to deal with it. Getting that authority is what most people mean by “sorting out probate”.
Northern Ireland has its own probate system, separate from England and Wales. The forms, the office that deals with applications and some of the rules are different here, so guidance written for “the UK” will not always apply.
Dealing With an Estate in Lurgan or Portadown?
Whether there is a will or not, our probate team can take the legal weight off your shoulders, from the first application through to sharing out the estate.
Campbell & Haughey help families across Lurgan, Portadown, Craigavon and wider Northern Ireland. You can reach us through our contact page.
Speak With a SolicitorWhat Probate Actually Means
Probate is the legal process of proving a will and getting the authority to deal with someone’s estate. That authority comes in the form of an official document called a grant. Banks, building societies and the Land Registry usually want to see the grant before they will release money or transfer property.
In Northern Ireland, grants are issued by the Probate Office, which is part of the Northern Ireland Courts and Tribunals Service. The person who applies is usually the executor named in the will, or a close family member if there is no will.
Everything the person owned: home, savings, investments, vehicles and personal belongings, less any debts.
The official document that proves who has authority to deal with the estate.
The person responsible for collecting the assets, paying debts and sharing out what is left.
Do I Need to Apply for Probate?
Not every estate needs a grant. It depends on what the person owned and how it was held. Answer the questions below for a quick, general steer. It does not store any of your answers, and it is a guide only, not legal advice.
Asset holders set their own limits for releasing funds without a grant, so the only way to be sure is to check the position. We can confirm whether probate is needed before you start.
Grant of Probate or Letters of Administration?
There are two main types of grant, and which one applies comes down to one thing: whether there is a valid will.
Grant of Probate
- Applies when there is a valid will
- Granted to the executor named in the will
- The executor carries out the wishes in the will
Letters of Administration
- Applies when there is no will, or no named executor
- Granted to the closest entitled relative
- The estate is shared under the intestacy rules
Both give the same legal authority to deal with the estate. The difference is where that authority comes from: the will, or the law. For more background, see our Northern Ireland probate guide.
The Probate Process in Northern Ireland
Every estate is different, but most follow the same broad path. A solicitor can handle as much or as little of this as you want.
- Register the death and locate the will, if there is one
- Identify and value everything in the estate, and list any debts
- Work out whether inheritance tax is due and report to HMRC where needed
- Apply to the Probate Office for the grant
- Once the grant issues, collect in the assets and settle debts and tax
- Prepare estate accounts and share out what is left to those entitled
The official public guidance on applying is available from NI Direct. Our team can take this on fully, or simply guide you through the parts you would rather not handle yourself.
What Happens if There Is No Will?
If someone dies without a valid will, they are said to die intestate. The estate is then shared out under a fixed set of rules, the intestacy rules, set out in the Administration of Estates Act (Northern Ireland) 1955. These rules decide who inherits and in what order, and they may not match what the person would have wanted.
In general terms, a surviving spouse or civil partner receives the personal possessions, a fixed sum set by law, and a share of the rest of the estate, with the balance passing to any children. Where there is no spouse or civil partner, the estate usually passes to children, and if there are none, to other relatives in a set order.
The intestacy rules are strict and can produce results families do not expect, for example where couples were not married, or in blended families. Making a will is the simplest way to stay in control. See our guide to planning your will and estate in Northern Ireland.
Inheritance Tax, in Brief
Inheritance tax is a UK-wide tax handled by HMRC, so the same rules apply in Northern Ireland as in the rest of the UK. Many estates pay no inheritance tax at all, because tax is only charged on the value above a tax-free threshold.
The standard tax-free amount, known as the nil-rate band, is currently £325,000, with an additional allowance often available when a home is left to direct descendants. Anything above the available threshold is usually taxed at 40 per cent. Reliefs can also apply, particularly for farms and family businesses. The current rules and thresholds are set out by HMRC at gov.uk/inheritance-tax.
Because thresholds, reliefs and allowances change and interact, it is worth taking advice early, especially for larger estates or where a business or farm is involved.
Farms and Rural Estates Around Craigavon
The Lurgan, Portadown and Craigavon area has a strong farming community, and agricultural estates raise issues that ordinary estates do not. Land, sheds, machinery, grazing arrangements, shared laneways and the family home can all be tied together, and the way they are owned affects both probate and tax.
Reliefs such as Agricultural Property Relief and Business Property Relief can significantly reduce inheritance tax on qualifying farms and businesses, but they depend on the detail and the records. Getting this right, ideally before death through proper planning, can make a real difference to what the next generation keeps.
How land and buildings are owned and registered affects how they pass on.
Agricultural and business reliefs can reduce tax, where the conditions are met.
Planning ahead helps keep a working farm intact across generations.
How Long Does Probate Take?
There is no fixed answer, because it depends on the size of the estate, whether there is a will, whether tax is due and how quickly information comes in. A straightforward estate may take several months. A larger or more complex estate, or one involving tax, property sales or a farm, can take considerably longer.
- Whether there is a valid will and a willing executor
- How many assets there are and how easily they can be valued
- Whether inheritance tax has to be calculated and paid
- Whether property or land needs to be sold or transferred
- Whether anyone disputes the will or the estate
The best way to avoid delay is to keep good records and get advice early, so the application is right first time.
Let Us Take the Pressure Off
Administering an estate can feel overwhelming at an already difficult time. Our probate team can handle the legal work with care, keep you informed in plain language, and make sure the estate is dealt with correctly.
We act for families across Lurgan, Portadown, Craigavon and wider Northern Ireland. You can read about our probate and estate services or get in touch through our contact page.
Request a Probate ConsultationExplore More Legal Insights
Frequently Asked Questions
Is probate in Northern Ireland different from the rest of the UK?
Yes. Northern Ireland has its own probate system, its own forms and its own office for applications. The intestacy rules also come from Northern Ireland legislation. Guidance written for England and Wales will not always apply here.
Do I always need a grant of probate?
Not always. It often depends on whether there was property in the person’s sole name and the size of the assets they held alone. Assets held jointly may pass automatically to the survivor. Each asset holder sets its own limit, so it is worth checking before you start.
What happens if there is no will?
The estate is shared under the intestacy rules in the Administration of Estates Act (Northern Ireland) 1955. These decide who inherits and in what order. The result may not match what the person would have chosen, which is why a will is so useful.
Will the estate have to pay inheritance tax?
Many estates pay none, because tax only applies above a tax-free threshold set by HMRC. Larger estates, or those with property, a business or a farm, are more likely to involve tax, and reliefs may be available. Early advice helps.
Can you help with a farm or agricultural estate?
Yes. Farms raise particular issues around land ownership, succession and tax reliefs such as Agricultural Property Relief. We regularly advise farming families in the Lurgan, Portadown and Craigavon area.
Can Campbell & Haughey deal with probate in Lurgan and Portadown?
Yes. We help families across Lurgan, Portadown, Craigavon and wider Northern Ireland with probate and estate administration. You can contact our team to talk it through.
This article is provided for general information only and does not constitute legal advice. Probate, intestacy and inheritance tax depend on the facts of each estate and on rules that can change. You should take advice from a qualified solicitor about your individual circumstances.
