Probate is a legal process that most of us have to face at some point. It attracts a lot of misconceptions. Join us as we bust 10 of the most common.

Some estates can be dealt with in a matter of weeks. However, the number of beneficiaries could drag out the process – as could any disputes or other complexities that need to be ironed out.

3. Probate isn't affected by marriage, civil partnership, divorce or dissolution

NOT TRUE.

When you get married or enter into a civil partnership, your will is automatically invalidated. Divorce or dissolution doesn't entirely revoke the will – but the ex-spouse will no longer be a beneficiary, executor or trustee.

It's really important to revise your will upon marriage or civil partnership – otherwise, it could make the probate process more complicated than necessary.

4. The will must be read out formally

NOT TRUE.

We've all seen it in films and read it in books – the family gathered around, hearing the contents of the will read out by a solicitor.

In fact, this isn't a compulsory part of the probate process. Instead, it goes something like this.

First, the executors of the will contact named beneficiaries and distribute the estate according to the will. Once probate is granted, the will becomes a public document that can be viewed by anyone. However, some information can be kept private on request.

The executor has to distribute the will correctly and act in the best interests of the deceased. If they don't, they could be held liable.

However the process unfolds, you don't need a ceremonial reading of the will – just for all beneficiaries to be contacted promptly.

5. Anyone can apply for probate

NOT TRUE.

Only certain people have the right to apply for probate.

If the deceased left a valid will, only those who were named as executors can apply for probate. If there's no will, intestacy rules kick in. In this case, the deceased's close relatives are the only people who can apply for Letters of Administration on behalf of the estate.

6. Cohabitees are entitled to finances, property and guardianship rights

NOT TRUE.

Cohabitating couples have significantly fewer legal rights than married couples or civil partners. If one partner dies without leaving a will, intestacy rules are triggered, and these don't provide for cohabiting couples.

This means that the members of a cohabiting couple should always write a will leaving assets to their partner.

7. Probate isn't necessary if the deceased left a will

NOT TRUE.

A will is a document that dictates how the estate should be distributed. It's not self-distributing. Probate is there to ensure that the distribution of assets among beneficiaries is above board.

8. If you're named as an executor, you have to be involved in probate

NOT TRUE.

Being named as an executor gives you the right to act in the administration of the estate. It doesn't bind you to do so.

If you're named as an executor and don't wish to be involved in probate for whatever reason, you can "renounce" your appointment. You can either step down entirely or have your "power reserved". This means that you step in only when necessary. This is sometimes done if the executor isn't local to the deceased or has health problems that make involvement difficult.

9. You can verbally relinquish your role as executor

NOT TRUE.

If you're named as an executor but don't want to carry out the role, you have to complete a formal renunciation. This has to be done before you get involved in any part of the probate process.

10. If there's no pre-paid funeral plan in place, the executors have to pay for the funeral

NOT TRUE.

The person who arranges the funeral is responsible for paying the bill – but the money doesn't have to be their own. It could also be paid for out of the deceased's bank account.

Typically, the bank will promptly release funds for funerals and will just ask to see the funeral director's invoice and the death certificate. They usually give priority to the funeral bill above all else (except for secured loans such as mortgages).

How we can help

Probate can be a tricky and stressful process, especially if you're grieving. Getting expert legal advice can make the process a lot smoother and resolve issues more quickly.

At Milners, we have teams of expert probate solicitors in Leeds, Harrogate and Pontefract. They provide sensitive, thorough and knowledgeable advice that aims to make the process as painless as possible.

Don't see your question about probate answered here? Get in touch for a free, no-obligation consultation.