What is Probate & Step by Step Guide

What is probate?

“Probate” is the legal process of dealing with someone’s assets, possessions and money (their “estate”) after they die, and distributing them in accordance with a valid will (or in accordance with the rules of intestacy if there is no will). co-oplegalservices.co.uk+1
If there is a will, the executors named in the will typically apply for a grant of probate. If there’s no will, a “grant of letters of administration” is required. GOV.UK+1
The executor or administrator (sometimes collectively called the “personal representative”) is legally responsible for administering the estate. Irwin Mitchell+1

 

Why the process matters

• Until the grant is issued, many banks and financial institutions won’t release the assets. Kings Court Trust+1

• The personal representative has legal duties and may be personally liable for mistakes (debts unpaid, taxes unpaid etc). Forsters LLP | Leading London law firm+1

• It ensures taxes (notably Inheritance Tax in the UK) and debts are dealt with properly before distribution. simply.law+1

 

Key Stages & Tasks

Here’s a step-by-step breakdown of the process and the tasks involved. While every estate is different, this gives a practical roadmap.

Stage 1: Immediate Post-Death / Pre-Probate Preparation

Tasks:

1. Register the death at the local registry office (within 5 days in England & Wales). agespace.org+1

2. Arrange the funeral (check the will for any instructions) and obtain the death certificate. Age UK+1

3. Secure and protect the deceased’s assets: for example

   • Make sure property is insured and the utilities are being maintained. Forsters LLP | Leading London law firm

   • Redirect or stop post, notify banks/financial institutions of the death. simply.law

4. Locate any valid will, codicils, and ascertain who the executors are (or if there is no will). GOV.UK

5. If no will, identify who can act as administrator under the intestacy rules. Irwin Mitchell

Stage 2: Valuing the Estate & Identifying Assets & Liabilities

Tasks:

1. Make a comprehensive list of the deceased’s assets: property, bank accounts, investments, life policies, personal possessions. simply.law+1

2. Make a list of liabilities: outstanding debts, mortgages, loans, bills. Forsters LLP | Leading London law firm+1

3. Obtain valuations: e.g., market value of property, shares, personal effects. Forsters LLP | Leading London law firm+1

4. Use the online IHT checker (if relevant) to estimate the estate’s value for tax and probate purposes. GOV.UK

5. Consider protecting against unknown creditors (for example, by placing notices). Forsters LLP | Leading London law firm

Stage 3: Tax-return & Grant Application

Tasks:

1. Determine whether Inheritance Tax is payable. If yes, complete the full IHT400 return (and any schedules) and pay IHT within 6 months of death to avoid interest. Forsters LLP | Leading London law firm+1

   • If the estate is “excepted” (i.e., low value, etc) a shorter form may apply. GOV.UK

2. Once tax (if payable) has been dealt with or the return submitted, apply for the grant of representation:

   • If there is a will → apply for the grant of probate. GOV.UK+1

   • If there is no will → apply for letters of administration.

   • Use the relevant forms: PA1P, PA1A etc. Citizens Advice+1

3. Submit required documents: death certificate, original will (if applicable), IHT forms, completed application, fee (if applicable). GOV.UK+1

4. Wait for the grant to be issued. Processing times vary. Find IFAs & Financial Advisers+1

Stage 4: Administering the Estate (Once Grant is Received)

Tasks:

1. Notify relevant organisations (banks, insurers, pension providers, local authorities) by sending them a copy of the grant. simply.law

2. Collect in the assets of the estate: money, property proceeds, investments. Irwin Mitchell

3. Set up a bank account for the estate (executor’s account) to handle receipts and payments. simply.law

4. Pay debts and liabilities of the estate in the correct priority: funeral expenses, taxes, creditors, then beneficiaries. simply.law+1

5. Manage any ongoing responsibilities (e.g., property maintenance, insurance, tax returns for estate). agespace.org

Stage 5: Distribution of the Estate

Tasks:

1. Once all debts and taxes are settled, distribute the remaining assets according to the will or the rules of intestacy. simply.law

2. Prepare estate accounts for the beneficiaries (showing how the estate was dealt with). agespace.org

3. Close the estate bank account, and keep all records for at least 12 years (recommended). simply.law

Stage 6: Final Wrap-Up

Tasks:

• Ensure all documentation is filed and archived.

• Ensure any residual matters (e.g., unknown assets discovered later) are handled; the personal representative remains potentially liable. Forsters LLP | Leading London law firm

• Inform beneficiaries the process is complete and close the administration.

 

Typical Timescales & Complexity

• For a relatively simple estate, the grant may be issued within 2–3 months of the application. Farewill

• But the full administration (asset collection, debt settlement, distribution) often takes 6–12 months or more. Find IFAs & Financial Advisers+1

• Delays can occur if: the estate is complex; assets are overseas; there is no will; debts/gifts need tracing; the IHT return is required; or the probate application is incomplete.

 

Useful Links

• Government guidance: Applying for probate (England & Wales) — GOV.UK GOV.UK+1

• Step-by-step guide: Age UK “How to be an executor” (PDF) Age UK

• Checklist guide: Bereavement Advice Centre “Step by step guide to probate” bereavementadvice.org

• Explanation of stages: Simply Law “Stages of Probate”

 

Practical Tips for Executors / Administrators

• Keep good records: Every asset, liability, gift, correspondence. It helps protect against future claims.

• Communicate with beneficiaries: Being transparent helps build trust and reduce conflict.

• Don’t distribute the estate too early: Wait until you’re confident all debts, claims and tax liabilities are identified.

• Seek professional advice when the estate is large, has foreign assets, business interests, or if you expect disputes.

• Use the “Tell Us Once” service when available to notify government departments of the death. GOV.UK

• Manage property: If the deceased owned property, ensure it’s maintained, insured, utilities paid (to avoid deterioration or extra costs).

• Valuations matter: Overestimating or underestimating assets can lead to incorrect tax calculations or claims.

• Consider timescale: Be realistic, family may expect quick distribution, but legal/tax obligations may delay things.