We know and understand losing a loved one is never easy. On top of the emotional toll, the practical tasks that follow a death can feel overwhelming, especially when you hear the word “probate.” If you’ve recently lost someone close or you’re planning ahead, I’m here to guide you through probate process in straightforward terms, helping you understand what to expect and how to manage it.
What is Probate?
Probate is the legal process of administering a person’s estate after they’ve died. That includes gathering their assets, paying off any debts, and distributing what’s left to the rightful beneficiaries. If the person left a will, the person (or people) named as “executors” will be responsible for carrying this out. If there is no will, the rules of intestacy will decide who inherits, and an “administrator” will be appointed to handle the estate.
Can I do Probate myself?
Yes, you can apply for probate without using a solicitor but it’s important to understand the responsibilities involved. You’ll be legally accountable for ensuring the estate is dealt with properly, including valuing assets, paying any inheritance tax, capital gains tax and income tax and making distributions correctly. If the estate is straightforward, it might be manageable without legal help. But where there’s property, complex finances, or disputes, professional advice is a good idea.
The Probate Process
Here’s a simplified overview of what needs to happen when someone dies:
- Register the death
This must be done within five days and is usually carried out by a close family member. Go to gov.uk to register. - Find the Will (if there is one)
This document names the executors and outlines how the estate should be distributed. - Notify friends and family
Inform loved ones of the death and discuss funeral arrangements. - Arrange the funeral
Check if the deceased left instructions or a prepaid funeral plan. - Make arrangements for dependants and pets
Ensure any children or animals are cared for. - Value the estate
This includes all assets (property, savings, pensions, personal belongings) and liabilities (loans, credit cards, bills). - Submit Inheritance Tax (IHT) Forms and Pay Tax
If the estate is above the threshold, IHT will need to be paid. This can be complex and may need specialist help. The current threshold for an individual is £325,000. In some cases there might be an additional £175,000 if the person who died owned a property that was their home. There are several other reliefs from IHT which can be overlooked and HMRC won’t check if you have claimed all reliefs available. - Apply for the Grant of Representation
This is called a Grant of Probate if executors are dealing with the estate or Letters of Administration in all other cases. If executors are applying or the sole entitled beneficiary in an intestate estate is applying you can make the application online. All other applications have to be made by post using a PA1P (with a will) or PA1A (without a will). - Administer the estate
Once the grant is received, collect in the assets, pay off debts, and then distribute what’s left to beneficiaries. - Finalise and keep records
Keep a full record of the estate accounts. You are legally required to do so, and beneficiaries may ask to see them.
How Long Does Probate Take?
For straightforward estates, the whole process can take between 6 and 12 months from start to finish. However, it can take longer if there are delays in valuing assets, paying tax, or selling property.
What about digital assets?
In today’s digital age, many people leave behind a range of online accounts and digital possessions, from email and social media to online banking and cloud-stored documents.
To ensure your digital legacy is managed according to your wishes:
- Keep an up-to-date list of logins and passwords in a secure location.
- Leave instructions for how you’d like each account handled (e.g. memorialised, closed, passed on).
- Speak to your solicitor about including digital assets in your will or lifetime planning.
Doing so can help your executors manage your digital life as thoughtfully as your physical estate.
Do all Executors have to be involved?
No-when you are appointed as an executor you have a choice – you can take an active role and apply for the grant, you can take a back seat and “reserve your power” or you can give up your role as an executor by “renouncing”.
Can Beneficiaries access their inheritance straight away?
Unfortunately not. It usually takes several months , often 6 to 12 before beneficiaries start receiving their inheritance. This allows time for the estate to be properly valued, taxes paid, and debts settled.
I know probate can feel like a daunting task but with the right information and support, you can take it one step at a time.
If you’re unsure or would like guidance please do not hesitate to contact me on 07776 352430 or email me at jenny.wallker@cognitivelaw.co.uk.