Step-by-Step Probate Guide - What to Do When Someone Dies

Losing someone close to you is never easy. Alongside everything you may be feeling, there can suddenly be paperwork to deal with, people to contact and decisions to make. It can be difficult to know where to begin, particularly if you’ve never dealt with probate before.

You might have been named as an executor in someone’s will, be helping a family member manage their affairs, or simply want to understand what happens next.

You don’t need to have all the answers straight away.

This guide takes you through the main steps involved in dealing with someone’s estate, explains what probate means and helps you understand what you may need to do, when you need to do it and where you can get support.

Every situation is different, and some estates are more straightforward than others. We’ll explain the general process in plain English, so you can approach each stage with greater confidence.

1. What should I do first when someone dies?
2. What is probate and do I need it?
3. Who is responsible for dealing with the estate/What does an executor need to do?
4. What if someone dies without a will?
5. How do I find out what the estate is worth?
6. Will inheritance tax need to be paid?
7. How do I apply for probate?
8. What happens after probate is granted?
9. How long does the whole probate process take?
10. Can I deal with probate myself or do I need a solicitor?
11. What is something isn’t straightforward?
12. How the Jonathan Lea Network can help.

1. What should I do first when someone dies?

In the days following a death, it can feel as though there is an overwhelming amount to arrange.

There are some immediate practical steps, but not everything needs to be dealt with at once.

Register the death

In England and Wales, a death must normally be registered within five days of the medical examiner’s confirmation that it can be registered. The procedure can be different if a coroner is involved.

The medical examiner’s office or local register office can explain what needs to happen and which documents you’ll need.

You can find further information on the GOV.UK website.

Arrange the funeral

If the person who died left instructions or expressed wishes about their funeral, these can help you make arrangements.

Otherwise, family members or others responsible for the arrangements will usually make the necessary decisions.

You may also need to consider how funeral costs will be paid. In some circumstances, the deceased’s bank may be able to pay a funeral director directly from their account, even before probate has been granted.

Tell the relevant organisations

Banks, pension providers, insurers, utility companies and other organisations will need to be informed of the death.

The government’s Tell Us Once service can help by notifying many government departments on your behalf, reducing the number of organisations you need to contact individually.

The registrar will explain how to use this service if it is available.

Find the will and important paperwork

If the person left a will, try to locate the original document and identify the executors named in it.

The will might be kept at home, with a solicitor or with a will storage provider.

It can also be helpful to start gathering information about bank accounts, property, pensions, investments and outstanding bills.

Remember: You do not have to resolve the entire estate in the first few days. Focus on the immediate arrangements, keep important documents together and take each stage as it comes. Some legal and tax deadlines will still need attention, so it is worth identifying those early.

2. What is probate, and do I need it?

Probate is a term you may hear frequently after someone dies, but it isn’t always clear what it means.

Put simply, probate is the legal process through which the person entitled to administer an estate obtains formal authority to deal with the deceased’s assets, where a grant is required.

If someone has left a will, the document issued to the executors is usually called a Grant of Probate.

If there is no will, the appropriate person may instead apply for Letters of Administration.

Both are types of grant of representation. They provide evidence of the authority needed to deal with certain assets.

Is probate always necessary?

No. Not every estate requires a grant.

For example, it may not be needed where:

• The estate consists mainly of jointly owned assets that pass automatically to the surviving owner.
• The deceased held relatively modest sums with financial institutions willing to release them without a grant.
• There are no assets for which a grant is required.

However, the position depends on how assets were owned and the requirements of the organisations holding them.

A property owned solely by the deceased will generally require a grant before their personal representatives can sell or transfer it. Where the deceased owned property jointly with someone else, the position depends on the ownership arrangements. If they held their beneficial interest as a tenant in common, that interest passes under their will or the intestacy rules, but the legal title passes to the surviving legal owner or owners. A grant is therefore not necessarily required to sell the property, although an additional trustee may need to be appointed.

Not sure whether you need probate? Before beginning an application, it is worth checking the deceased’s assets and asking the relevant banks or financial organisations what they require. A solicitor can help you establish whether a grant is necessary.

3. Who is responsible for dealing with the estate?

If you’ve been named as an executor, you may be wondering what you’ve actually agreed to do.

An executor is responsible for administering someone’s estate in accordance with their will and the law.

This can involve:

• Identifying and protecting their assets.
• Establishing what they owned and owed.
• Obtaining any necessary grant of probate.
• Dealing with tax and outstanding debts.
• Collecting in money and other assets.
• Distributing the estate to the people entitled to inherit.

These are important responsibilities, and executors can be personally liable in some circumstances if an estate is administered incorrectly.

That doesn’t mean you need to be a legal or financial expert.

Being an executor doesn’t mean you have to do everything yourself.

You can seek professional advice on particular questions, ask a solicitor to prepare the probate application, or instruct a solicitor to deal with the estate administration more fully.

If there is more than one executor, it is also important to communicate clearly and agree how responsibilities will be managed.

What if I don’t want to act as executor?

Being named in a will does not necessarily mean you must take on the role.

Depending on whether you have already become involved in administering the estate, you may be able to step aside or have your involvement dealt with in another way.

It’s worth obtaining advice before taking action, particularly if you are unsure about your responsibilities.

4. What happens if someone dies without a will?

If someone dies without a valid will, they are said to have died intestate.

This means their estate will generally be distributed according to the legal rules of intestacy, rather than according to any wishes they may have expressed informally.

These rules determine who is entitled to inherit, depending on which relatives survive the deceased.

For example, a surviving spouse or civil partner and children may have different entitlements depending on the family circumstances and the value of the estate.

An unmarried partner does not automatically inherit under the intestacy rules simply because they lived with the deceased, even if they had been together for many years.

That can come as an upsetting surprise.

There are also specific rules about who is entitled to apply to administer an estate where no valid will exists.

If your family circumstances are complicated, or you’re unsure who should be dealing with the estate, legal advice can help establish the correct position before decisions are made.

5. How do I find out what the estate is worth?

Before applying for probate, you’ll usually need to establish what the person owned and what debts or liabilities they left behind.

This is known as valuing the estate.

It may involve gathering information about:

• Property: Homes, land and other property interests.
• Money: Bank accounts, savings and cash.
• Investments: Shares, ISAs and other investments.
• Personal belongings: Vehicles, jewellery, artwork or other valuable possessions.
• Business interests: Shares in a company or an interest in a business.
• Debts: Mortgages, loans, credit cards and unpaid bills.
• Gifts and other arrangements: Certain gifts made before death, trusts, jointly held assets and other interests that may be relevant for inheritance tax purposes.

Not every asset is treated in the same way. For example, some jointly owned assets may pass directly to another owner, and pension or life insurance benefits may fall outside the estate, depending on the arrangements.

The valuations needed may also differ according to the type of asset and the tax reporting requirements.

For a straightforward estate, gathering this information may be relatively manageable. For an estate involving property, investments, business interests or overseas assets, it can take considerably longer.

Our advice: Keep a clear record of the information you receive, the organisations you’ve contacted and any payments made on behalf of the estate. Good records can make the remaining stages considerably easier.

6. Will Inheritance Tax need to be paid?

Inheritance Tax is often one of the first things families worry about when dealing with an estate.

However, not every estate pays Inheritance Tax.

Whether tax is payable depends on the value of the estate, the available allowances, exemptions and reliefs, and other relevant circumstances.

For example, transfers to a spouse or civil partner may qualify for an exemption, and certain estates may benefit from additional allowances relating to a family home.

Before applying for probate, you will need to establish the relevant estate values and whether a full Inheritance Tax account must be submitted to HM Revenue & Customs (HMRC).

Where tax is due, some will normally need to be paid before a grant can be issued.

There are also deadlines to consider. Inheritance Tax can begin attracting interest if it is not paid by the end of the sixth month following the month of death, even if the estate administration is still ongoing.

This can feel particularly daunting if much of the estate’s value is tied up in a property rather than held in cash.

Depending on the circumstances, there may be ways to arrange payment, including instalments for certain types of assets.

If you are unsure about the estate’s tax position, seeking advice early can help avoid errors, unnecessary delays and additional costs.

7. How do I apply for probate?

Once you have established that probate is required, identified who is entitled to apply and gathered the necessary estate information, you can prepare the application.

The main steps are:

Step 1: Identify the correct applicant

This will usually be an executor named in the will, or an eligible person under the relevant rules if there is no will.

Step 2: Establish the estate’s value and tax position

You will need the appropriate figures for the application and, where required, to complete Inheritance Tax reporting and make the necessary payment arrangements.

Step 3: Gather the required documents

If there is a will, you will generally need the original signed will and any codicils. Additional documents may be required depending on the circumstances.

Step 4: Submit the application

Applications can be made online or by post, depending on the circumstances. An application fee may apply.

Step 5: Receive the grant

Once the Probate Registry has processed and approved the application, the grant can be issued.

A solicitor can handle the application for you or help with individual stages if you prefer to do some of the work yourself.

You can also find information about applying directly through the government’s probate service.

How long does it take to obtain probate?

There is no single timeframe that applies to every estate.

Delays can arise if information is missing, valuations are complicated, HMRC needs to review tax information, or the Probate Registry raises questions.

It’s also important to remember that receiving the grant does not mean the estate has been fully administered. There may still be substantial work to complete afterwards.

8. What happens after probate is granted?

Once the grant has been issued, the personal representatives can usually deal with the assets for which formal authority was required.

This might involve closing accounts, collecting money, selling or transferring property and dealing with outstanding liabilities.

Pay debts and settle tax

Before distributing the estate, the executors or administrators must establish and deal with the deceased’s debts and the estate’s liabilities.

This may include outstanding household bills, loans, tax liabilities and expenses associated with administering the estate.

It is important not to distribute money prematurely, as personal representatives can potentially become personally liable for unpaid debts if insufficient funds are retained.

Distribute the estate

Before distributing the estate, the personal representatives must deal with the appropriate debts, tax liabilities and expenses, retain sufficient funds for outstanding liabilities, and consider any claims or potential claims against the estate. The timing of distributions requires particular care where someone may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Distributing too early can expose personal representatives to personal liability, so advice may be needed before payments are made to beneficiaries.

This will normally be in accordance with the will, or the intestacy rules if there is no valid will.

Prepare estate accounts

Estate accounts record the assets, money received, payments made and distributions to beneficiaries.

They help demonstrate how the estate has been administered and provide clarity to those entitled to inherit.

This is why probate is often better understood as a process rather than a single application. Obtaining the grant is one important step, but dealing with the estate properly can involve much more.

9. How long does the whole probate process take?

It’s understandable to want to know when everything will be finished, particularly if family members are waiting for an inheritance or a property needs to be dealt with.

Unfortunately, there is no fixed timeframe for completing an estate.

The time required can depend on:

• How quickly assets and debts can be identified and valued.
• Whether a property needs to be sold.
• Whether the estate has complicated tax affairs.
• Whether any beneficiaries or assets are difficult to locate.
• Whether there are trusts or overseas assets involved.
• Whether disagreements arise between family members or other interested parties.

Some straightforward estates can be administered relatively quickly. Others may take a year or longer, particularly where assets must be sold, tax affairs are complex or disputes arise.

A solicitor should be able to explain the likely stages and provide a realistic estimate once they understand the estate’s circumstances.

10. Can I deal with probate myself, or do I need a solicitor?

You are not always required to instruct a solicitor to obtain probate or administer an estate.

For some families, dealing with a relatively straightforward estate themselves is a practical option.

For others, the responsibilities, paperwork or family circumstances can make professional help particularly valuable.

You may want to consider legal assistance if:

• You’re unsure whether probate is required or who is entitled to act.
• The estate contains property, business interests or assets overseas.
• There are inheritance tax questions or complicated financial arrangements.
• You are concerned about debts or personal liability as an executor.
• The will is unclear, missing or potentially invalid.
• There are disagreements between executors, beneficiaries or family members.
• You simply don’t have the time or feel comfortable taking on the responsibility yourself.

You can choose how much help you need

Getting professional assistance doesn’t necessarily mean handing over the entire process.

At The Jonathan Lea Network, we can discuss your circumstances and the level of assistance that would be most useful.

For example, you may want help obtaining the grant but prefer to administer the estate yourself. Alternatively, you may want us to take responsibility for the legal work involved in administering the estate more fully.

There isn’t one approach that is right for every family.

Our role is to help you understand the options available and decide what is appropriate for your situation.

11. What if something isn’t straightforward?

Families don’t always find themselves dealing with a simple estate.

Sometimes the will cannot be found. Sometimes an executor is unable or unwilling to act. There may be questions about who should inherit, how certain assets were owned or whether someone has been properly provided for.

Disagreements can also arise between people who are already going through an emotionally difficult time.

If something doesn’t seem right, it is important to seek advice before taking steps that may be difficult to reverse.

Where there is a dispute about a will, inheritance or the administration of an estate, specialist advice can help you understand your position and the options available.

Our Contentious Probate and Will Disputes team can assist with these issues.

12. How The Jonathan Lea Network can help

We understand that dealing with someone’s estate isn’t just a legal process.

It can involve family relationships, financial concerns, unfamiliar responsibilities and difficult decisions at an already challenging time.

We won’t assume that you know how probate works, or that you need the same level of assistance as someone else.

We’ll start by listening to your circumstances.

From there, we can explain what needs to happen, identify where legal assistance may be appropriate and talk you through the available options in clear, practical terms.

Whether you need help with a probate application or more comprehensive support administering an estate, our aim is to make the process easier to understand and manage.

You can find out more about our Probate and Estate Administration services.

Talk to us about your situation

If you’re unsure where to begin, have questions about your responsibilities or would like assistance dealing with an estate, you’re welcome to get in touch.

Tell us a little about your circumstances and what you’re concerned about. We can help identify the appropriate next step and explain how we may be able to assist.

You don’t need to have everything worked out before contacting us.

Contact our Probate & Estate Administration team by email at wewillhelp@jonathanlea.net or by filling out our form here.

This guide provides general information about probate and estate administration in England and Wales. It is not a substitute for legal advice tailored to your circumstances. The requirements and deadlines applicable to an estate will depend on its particular facts.

Photo by Wolfgang Weiser on Unsplash