The passing of a loved one is a challenging and emotional time. In the midst of grief, there are practical matters to attend to, including handling their estate (that is to say all of their financial and digital assets, including property that they may own) through the process known as probate.  

Probate is the legal process of dealing with a deceased person's estate, ensuring their assets are distributed according to their wishes. If there is a will, the appointed individuals known as "executors" are responsible for carrying out these wishes. In cases without a will, the estate will be distributed following the rules of intestacy, and the responsibility falls on those with a legal right as per the intestacy rules. 

To find a specialist probate and estate lawyer near you, visit our find a lawyer page.  

What immediate steps do I need to take when someone dies? 

At this most difficult time, the things that need to be dealt with immediately include: 

• Registering the death – notify the registrar of births and deaths about the passing, obtaining multiple copies of the death certificate for the various financial institutions to be contacted.  The death usually needs to be registered within five days unless the coroner is involved, in which case the registration process may be delayed. 
• Arranging the funeral and paying the expenses 
• Locating the will –and ascertain if any funeral wishes are outlined 
• Securing the assets – safeguard the deceased's property, valuables, and documents, especially if any properties will be unoccupied. 
• Checking for insurance coverage on the property and notifying relevant providers, such as utility companies. 
• Redirecting the deceased's mail  
• Collecting personal documents, compiling an inventory of assets and liabilities, and checking for any gifts of money, property or other assets made by the deceased during their lifetime 
• Informing banks and other financial institutions about the death and registering the death certificate with them. 
• Contacting the car insurer and household service providers, including council tax, gas, electricity, telephone services and any other relevant companies. 

The grant of probate or letters of administration 

Following the funeral, attention turns to the deceased's estate. If required, you may need to apply for a grant of representation. A grant of representation is a document that proves that the person dealing with the deceased’s assets has the legal right to do so. This can be granted through probate (with a will) or letters of administration (without a will).  

Members of The Association of Lifetime Lawyers can assist you in both the initial steps listed above and, in this process, including completing necessary tax forms, handling complex estates, and addressing tax-related matters. To find a member near you, visit our find a lawyer page. 

How long can probate take? 

Applying for a grant of probate can be complex and time-consuming, often taking up to 12 months or more. Your lawyer or personal representatives will need to produce documents detailing a list of assets and potential liabilities, as well as complete the appropriate HM Revenue and Customs tax forms where required and pay any inheritance tax owed.  Some smaller estates where no tax is payable are now exempt from completing tax forms, but information regarding the assets in the estate still forms part of the application for the grant and it’s important that accurate information is collected and provided.   

Many probate applications can now be dealt with online but some need to be submitted on paper applications by post – our Lifetime Lawyers can guide you through the process.  Once the application for the grant is submitted, the Probate Registry aims to deal with applications as quickly as possible, though some more complex applications are taking longer. 

If inheritance tax is payable this is due within six months of the date of death before interest begins to accrue.   

What happens after probate is granted? 

Once the grant of representation is obtained, the personal representatives must undertake various duties, including: 

• Registering the grant – sending an office copy of the grant to the financial institutions. 
• Estate administration – collecting estate assets, settling debts and administration expenses. 
• Tax returns – completing tax returns for the deceased's income and capital gains  
• Notice to creditors – placing statutory advertisements protecting the personal representatives against liability for undisclosed debts from creditors. 
• Monitor claims – ensuring no claims arise against the estate in the six months following the grant. 
• Asset distribution – deciding on whether assets are to be sold or transferred to beneficiaries; handling bank balances, stock and share sales; and encashing policies. 
• Property management – determining whether to sell or transfer the deceased's house to beneficiaries. 
• Preparing accounts – accounting to beneficiaries for all estate assets, debts, and expenses, and calculating their entitlements.  
• Beneficiary tracing – locating and identifying beneficiaries. 
• Legacy payments – paying legacies within one year of death and distribute the remaining estate, obtaining receipts from each beneficiary. 

Probate is an important process that ensures the proper distribution of a deceased person's estate. While the journey may seem daunting, members of The Association of Lifetime Lawyers can provide invaluable guidance and support throughout this challenging time. To find a Lifetime Lawyer specialising in probate near you, visit our find a lawyer page.