When someone dies in the UK, their estate—property, money, and possessions—must be legally managed. This process is often called probate, or estate administration, and it ensures that debts are paid and assets are distributed correctly. Whether you’re an executor named in a will or a family member handling an intestate (where there is no Will) estate, understanding probate is essential.
What Is Probate?
Probate is the legal authority to deal with a deceased person’s estate. If there’s a valid will, the executor applies for a Grant of Probate. If there’s no will, a close relative applies for Letters of Administration under the rules of intestacy. See our page on “What is Probate” here to read more.
Step-by-Step Probate Process
Register the Death
Start by registering the death and obtaining the death certificate. This is needed for all legal and financial steps.
Find the Will
Locate the original will, if one exists. It names the executor and outlines how the estate should be distributed. It is recommended to do a National Will Register check – your solicitor can do this for you.
Value the Estate
List all assets (property, savings, investments) and liabilities (debts, funeral costs). This helps determine if inheritance tax is due.
Report to HMRC
Complete either an asset and liability schedule, or an inheritance tax form (IHT400) – which one you do depends on the estate. Pay any tax due before applying for probate. The current threshold for a single person with no children is £325,000.
Apply for Probate
Apply for Probate and include all of the documents they ask you to send. The fee for application is £300 for estates over £5,000, with an additional £1.50 for extra copies.
Receive the Grant
Once approved, you’ll receive the Grant of Probate or Letters of Administration. This gives you legal authority to manage the estate.
Administer the Estate
Collect assets, pay debts, and keep records. You may need to sell property or close accounts. You will also need to report any income or capital gains tax during the administration period, and create estate accounts to show everything coming in and out.
Distribute the Estate
Follow the instructions in the will or intestacy rules. Provide the estate accounts to beneficiaries and ensure all distributions are documented.
Common Pitfalls
Delays in locating the will or valuing assets
Misunderstanding inheritance tax and other tax obligations
Disputes among family members
Failing to keep proper records
Final Thoughts
Probate can be complex, especially during a time of loss. But with clear steps and professional support, it becomes manageable. Whether you’re handling a loved one’s estate or planning your own, understanding probate helps protect your legacy and your family’s future.
Need help with probate? Speak to one of our qualified solicitors to guide you through the process and avoid costly mistakes!
Written with the assistance of AI – checked and amended by a qualified senior solicitor.
If you would like to discuss Probate and how we may be able to help, please give our friendly team a call on 0116 212 1000 or 01858 445 480 or complete our Contact Us form.
