Losing a loved one is an emotional and often overwhelming experience, and alongside grief comes a series of legal and financial responsibilities. One key part of this process in England and Wales is probate (or estate administration), which allows the deceased’s assets to be legally dealt with and distributed. This guide walks you through what probate is, when it’s needed, and what typically happens after someone dies.
What is probate?
Probate is the legal process of handling someone’s estate (their money, property and possessions) after they die. It gives a named individual the right to pay any debts and taxes and distribute the remaining assets either according to a will or, if there isn’t one, the law.
The key legal document you may need is:
- A Grant of Probate if there is a valid will.
- Letters of Administration if there isn’t a will.
Both serve to authorise the personal representative to deal with the estate.
Not all estates need a Grant of Probate, for example, small estates or assets like joint bank accounts may pass automatically to surviving owners.
Step‑by‑step: What happens after someone dies
1. Register the death
The first legal step is to register the death with the local registrar. You’ll receive multiple copies of the death certificate, which are needed for many tasks ahead.
2. Find the will (if one exists)
If the person left a will, it may name one or more executors, individuals authorised to manage the estate. If there’s no will, the closest living relative can apply to be the administrator.
3. Value the estate
The estate must be valued to work out:
- Whether Inheritance Tax (IHT) is due.
- The total worth of property, money, possessions and other assets.
You’ll usually need this valuation before making a probate application.
Upcoming rule changes (from April 2027) may mean pension pots become subject to Inheritance Tax, adding complexity to tax calculations.
4. Apply for probate or letters of administration
Once you have the estate’s value and understand the tax position, you (or your solicitor) apply to the Probate Service. Online applications are common and typically take several weeks to a few months to be approved, though more complex cases can take longer.
What the executor/administrator actually does
After the Grant of Probate or Letters of Administration is issued, the personal representative then:
Collects assets
This includes obtaining funds from bank accounts, selling property if needed, and gathering any other investments or possessions.
Notifies organisations
They must let banks, insurance companies, HM Revenue & Customs and other institutions know the person has died, often by sending copies of the Grant of Probate.
Pays debts and tax
Outstanding debts, funeral costs, and any tax due must be paid out of the estate before distribution.
Distributes the estate
Finally, assets are passed on:
- According to the will if there is one
- Under the rules of intestacy if there isn’t, this determines who inherits and how much.
Once everything is done, the personal representative usually prepares final estate accounts showing how money was handled and distributed.
How long does probate take?
There’s no fixed timeline, but the process can take several months to over a year, depending on:
- The size and complexity of the estate
- Whether there’s a valid will
- IHT and tax matters
- Whether property needs to be sold
Simple cases with a straightforward estate and clear will often resolve quicker, while larger estates or disputed matters take longer.
Helpful tips
Estate value and IHT
Even if no tax is likely, you still usually need to report the estate’s value and notify HMRC before probate can be granted.
Keep clear records
Keeping accurate records throughout the probate and administration process helps protect executors and administrators from disputes or legal challenges later.
Seek professional support
Probate can be legally complex, particularly with taxes or disputed wills, so many families choose to work with a solicitor or specialist probate service.
Final thoughts
While no one wants to think about legal procedures during a difficult time, understanding probate and estate administration can ease stress and help families wrap up the financial affairs of a loved one efficiently and legally. With careful planning, like making a clear will, and the right support, this challenging process can become more manageable.