When a loved one dies, it can be a deeply emotional and challenging time – and managing the legal side of things only adds to the pressure. If you are named as the executor under their Will or are their next of kin, you may find yourself wondering what paperwork you need to complete, how to start probate, and what happens throughout the process.
In this guide, we walk you through each step of the probate process, helping you understand what you need to do, when to do it, and what to expect at each stage. Working with a probate professional can make this journey much smoother, offering reassurance, guidance, and expertise along the way.
Step 1: Register the death
The first step is to register the death. In England and Wales, this usually needs to be done within five days. Once registered, you’ll receive the death certificate – it’s a good idea to order several copies, as banks and other organisations will likely request one to close accounts. Completing this step is essential to efficiently managing your loved one’s estate.
Step 2: Locate the Will
Next, check whether there is a valid Will. The Will names the executor, who is responsible for administering the estate. If there’s no Will, the estate will be handled under the rules of intestacy, with the closest relative applying to act as administrator. While the process is similar to probate, the legal authority in this case is called ‘letters of administration’. Probate professionals can help ensure the correct documentation is filed in either scenario, reducing delays and potential errors.
Step 3: Get the estate valued
Before applying for probate, you’ll need to determine the estate’s total value, including:
- Property Savings and bank accounts
- Investments
- Personal belongings
- Any debts, such as mortgages or loans
Contacting banks, financial providers, and utility companies for balances can take time. Accurately valuing the estate is crucial for calculating inheritance tax. This stage can feel overwhelming – a probate professional can guide you through valuations, liaise with institutions, and ensure nothing is missed.
Step 4: Report to HMRC and settle inheritance tax
Not all estates pay inheritance tax; it depends on the estate’s value and allowances. Even if no tax is due, you must report it to HMRC. If tax is owed, some or all of it must usually be settled before probate is granted. Probate professionals can advise on payment options, liaise with HMRC, and help avoid delays or penalties.
Step 5: Apply for probate
To apply for probate, you’ll need:
- The original Will (if there is one)
- The death certificate
- Relevant probate application forms
- The application fee
If everything is in order, the Probate Registry will issue the grant of probate or letters of administration, giving you legal authority to manage the estate. A probate professional can help ensure your application is complete and accurate, saving time and reducing stress.
Step 6: Collect assets and pay debts
Once the grant of probate is issued, you can start gathering the estate’s assets, such as selling property, closing bank accounts, or cashing in investments. Make sure all debts are settled before distributing assets.
Step 7: Distribute the estate
Finally, distribute the estate according to the Will or intestacy rules. Keep detailed records of every step – a professional can ensure compliance and provide reassurance if anything is later questioned.
Let a probate professional manage the process
At Hughes Probate Services, we know that probate can feel overwhelming, especially while you’re grieving. Working with a probate professional not only eases the administrative burden but also ensures the estate is handled accurately, efficiently, and in line with the law.
For guidance or compassionate support with your probate application, contact Julie to arrange a free initial consultation.