What is the Probate Process?

Losing a loved one is never easy. Alongside dealing with grief, families are often faced with the responsibility of managing the deceased person’s finances and estate. One of the most common questions we hear is: “What is the probate process?”

The probate process is the series of legal steps that settles a person’s estate after they die: valuing what they owned, paying any debts and tax, obtaining the legal authority to act, and passing what is left to the people entitled to it. Below, we explain when probate is needed and the eight steps involved.

What is Probate?

Probate is the legal process of administering a person’s estate after they have died. This includes collecting their assets, paying any debts and taxes, and distributing the estate to the beneficiaries.

If the deceased left a valid Will, the executor named in the Will usually applies for a Grant of Probate. If there is no Will, the closest relative may need to apply for Letters of Administration instead.

The term “probate” is often used to describe both the legal document (Grant of Probate) and the overall estate administration process.

When is Probate required?

One of the biggest misconceptions about probate is that it is always required when someone dies. In reality, whether probate is needed depends on the type and value of the assets the deceased owned. Probate is commonly required when a person owned property in their sole name, held substantial savings or investments, or had financial assets that cannot be transferred without legal authority.

In some cases, probate may not be necessary. For example, assets owned jointly with a spouse or civil partner often pass automatically to the surviving owner. Some banks and building societies may also releasesmaller amounts of money without requiring a Grant of Probate, although thresholds vary between institutions.

As every estate is different, it can sometimes be difficult to determine whether probate is required. Seeking legal advice at an early stage can help clarify the position and prevent unnecessary delays in administering the estate.

For more detail, read Do I Need Probate if there is a Will?.

The Probate Process, Step by Step

1. Register the Death

The first step is to register the death and obtain official death certificates.

These certificates will be required when notifying banks, utility providers, pension companies and other organisations.

2. Locate the Will

If the deceased made a Will, it is important to locate the original document.

The Will usually names the executor responsible for administering the estate. The executor’s role is to ensure the deceased’s wishes are carried out correctly.

If no Will can be found, the estate will be administered according to the rules of intestacy.

3. Identify Assets and Liabilities

Before applying for probate, the executor or administrator must establish:

• Bank account balances
• Property values
• Investments and shares
• Pension benefits
• Personal possessions
• Outstanding debts
• Mortgages and loans

Obtaining accurate valuations is essential, as this information will be required for inheritance tax and probate applications.

4. Calculate any Inheritance Tax

Depending on the value of the estate, Inheritance Tax (IHT) may be payable.

Even if no tax is due, information must usually still be submitted to HM Revenue & Customs (HMRC).

Speak to our experienced team who will be able to give advice on Inheritance Tax.

5. Apply for the Grant of Probate

Once the estate has been valued and the relevant tax forms completed, an application can be made for the Grant of Probate (or Letters of Administration if there is no Will).

This legal document gives the executor or administrator authority to deal with the estate.

Without it, many financial institutions will not release funds or allow assets to be sold.

Our infographic sets out the 11 steps to making an application for Probate.

6. Collect the Estate Assets

After the grant has been issued, the executor can:

• Close bank accounts
• Cash in investments
• Sell or transfer property
• Gather other estate assets

These funds are usually paid into an estate account while administration continues.

7. Pay Debts and Expenses

Before beneficiaries can receive their inheritance, all outstanding debts and liabilities must be settled.

This may include:

• Funeral expenses
• Utility bills
• Credit cards
• Loans
• Tax liabilities

Executors have a legal duty to ensure debts are paid correctly before distributing the estate.

8. Distribute the Estate

Once all debts have been settled, the remaining estate can be distributed to the beneficiaries in accordance with the Will or the rules of intestacy.

The executor will often prepare estate accounts showing:

• Assets collected
• Debts paid
• Expenses incurred
• Amounts distributed

When everything has been finalised, the estate administration process is complete.

How long does Probate take?

How long probate takes depends on the estate, and every estate is different. A simple estate can sometimes be administered in a matter of months, while more complex estates may take considerably longer.

Delays can arise where:

• Properties need to be sold
• Inheritance tax issues need to be resolved
• Disputes occur between beneficiaries

We cover the timing of the application itself in Is there a time limit to apply for Probate?

How we can help

We understand that dealing with the loss of a loved one can be overwhelming. Our experienced Probate and Estate Administration team provides practical, compassionate advice to help guide you through every stage of the process.

If you need help obtaining a Grant of Probate or managing a complex estate, we are here to help. You can see what this costs on our Probate fees page.

To speak with our Probate team, email info@ommlaw.co.uk or call 01525 378177.