Probate guides

Here you'll find information to help you understand the probate process and how our products can help.

What is probate?

Probate is the legal process that takes place after someone dies, ensuring their estate is distributed according to their wishes or, if they have not defined their wishes, with the laws of ‘intestacy’.

In the United Kingdom, this process involves several steps overseen by the Probate Registry, which is part of His Majesty’s Courts & Tribunal Service. The main objective of probate is to validate the deceased person's will, if there is one, and to appoint the executor named in the will to manage the estate's affairs.

During probate, the deceased person's assets, such as property, money, and possessions, are gathered and valued. Outstanding debts and taxes are then settled from the estate before distributing what remains to the beneficiaries.

If the deceased left a will, then this will generally identify who should receive what from the estate once it is ready to be distributed. If they didn't leave a will, the process is known as intestate succession, and the estate is divided according to the laws of intestacy. Executors play a crucial role in probate, handling administrative tasks such as notifying relevant organisations, calculating and paying any inheritance tax, and distributing assets to beneficiaries.

Due to the length of time that probate can take, some beneficiaries choose to take an advance on the money that they are due using an Inheritance Advance loan.

Probate can be a complex and time-consuming process, often taking several months to complete. Factors such as the size of the estate, the number of beneficiaries, and any disputes that arise can all impact the duration. In many cases, an executor will choose to appoint a professional firm – typically a solicitor – to help them with the process.