Probate guides

Step-by-step guide to probate

Navigating the probate process can be challenging, but following these steps can help ensure that the deceased person's estate is handled correctly and in accordance with their wishes and the law.

Step 1: Confirm the Executor or Personal Representative

The first step is to confirm who will be responsible for managing the estate of the deceased. The will generally names the ‘Executor’ of the estate, but if there is no will, the next of kin will typically apply to be the ‘Personal Representative’ for the estate. To all intents and purposes, the Executor and Personal Representative are one and the same, differentiated only by whether or not there is a will. It’s important to note that the Executor or Personal Representative cannot begin to sell or distribute any of the estate’s assets until they have received the ‘Grant of Probate’, which is covered in Steps 5 to 7 below.

Step 2: Gather Documents

Gather together all relevant documents, including the original will (if there is one), death certificate, bank statements, property deeds, and any other financial documents related to the estate.

Step 3: Choose Whether to Appoint an Administrator to Help

Most Executors and Personal Representatives choose to appoint a professional firm – typically a solicitor – to help them with the process. We provide information on trusted estate administration specialists here.

Step 4: Value the Estate

The Executor or their administrator must now determine the total value of the deceased person's estate. This includes all assets such as property, bank accounts, investments, vehicles, and personal belongings. It also involves identifying any outstanding debts, loans, or mortgages owed by the deceased.

Step 5: Apply for Probate

Complete the probate application form, which can be obtained from the Probate Registry or online through the gov.uk website. This form requires details about the deceased, their estate, beneficiaries, and the executor. Along with the form, you'll need to submit the will (if there is one), the death certificate, and an Inheritance Tax form (even if no tax is due). The Executor or their administrator should send these documents along with the required fee to the Probate Registry.

Step 6: Pay Inheritance Tax (if applicable)

If the estate’s value is above a certain threshold, inheritance tax may be due. The executor must calculate the tax owed and make arrangements to pay it before probate can be granted. If there is insufficient cash in the estate to pay Inheritance Tax, our Estate Advance for IHT provides Executors and Personal Representatives with a way of borrowing money to pay IHT that is then repaid directly from the estate once it is in a position to do so.

Step 7: Receive Grant of Probate

Once the Probate Registry processes the application, they will issue a Grant of Probate (or Grant of Letters of Administration if there is no will). This legal document allows the Executor or administrator to manage the deceased person's estate. It also confirms their authority to access bank accounts, sell property, and distribute assets to beneficiaries.

Step 8: Settle Debts and Distribute Assets

The executor is responsible for settling any outstanding debts or bills owed by the deceased. This includes funeral expenses, outstanding loans, and utility bills. After debts are settled, the remaining assets can be distributed to the beneficiaries as outlined in the will (or according to the laws of intestacy if there is no will). In cases where the estate lacks the cash to pay costs associated with its management – such as legal fees or property maintenance costs – then our Estate Advance could be the answer.

Step 9: Finalise the Estate

Once all debts are paid and assets are distributed, the Executor or Personal Representative must prepare final accounts detailing all financial transactions related to the estate. These accounts should be provided to the beneficiaries for approval. Once approved, the estate can be finalised, and the Executor or Personal Representative can request closure of the estate with the Probate Registry.

Additional Tips for Executors and Personal Representatives:

• Be prepared for the process to take several months, depending on the complexity of the estate and any potential challenges that arise.
• Keep detailed records of all financial transactions and communications related to the estate.
• If beneficiaries are not happy with the wait to receive what they are due, they can enquire about our Inheritance Advance loan, which allows them to access some of their inheritance immediately after the death. An arrangement fee applies and interest is charged on the amount that they advance.
• Consider seeking professional advice from a solicitor to lighten the load.
• Bereavement can be a very difficult time, and being responsible for managing the estate of the deceased can add to the challenge. If you’re finding it hard, support is available. You can read more about bereavement support here.