The Probate Process Explained: What Happens When Someone Dies

Losing a loved one is never easy, and dealing with their affairs can feel overwhelming. Probate is the legal process that takes place after someone dies, ensuring their property, money, and possessions—known as their ‘estate’—are managed and distributed correctly. In England and Wales, there are clear steps that must be followed, and it’s usually the executors named in the will who take on this responsibility.

When is Probate Required?

Probate isn’t always needed, but it’s usually required if the person who has died owned significant assets in their sole name. This might include a house or flat, bank accounts with substantial balances, stocks and shares, or certain insurance policies. If assets are jointly owned, or the estate is very small, probate may not be necessary, but most estates with property or larger sums of money will need to go through this process.

The Probate Process Step-by-Step

The journey through probate begins with registering the death and obtaining the official death certificate from the registrar. Next, it’s important to locate the most recent valid will and identify who the executors are. These are the people responsible for managing the estate.

Valuing the estate comes next. This means working out the total value of everything the person owned, as well as any debts they owed. Once you have this information, you can apply for probate by submitting an application to the Probate Registry, along with the correct fee.

If Inheritance Tax is due, it must be paid before probate is granted. Only then can the executors collect the assets—this might involve closing bank accounts, selling property, or gathering investments. After all assets are collected, any outstanding debts and taxes must be settled. Finally, the remaining estate is distributed to the beneficiaries as set out in the will.

How Long Does Probate Take?

The time it takes to complete probate can vary. For simple estates, the process might be finished in three to six months. More complicated estates, especially those involving property sales or disputes between beneficiaries, can take a year or even longer. The size and complexity of the estate, whether Inheritance Tax is payable, and how quickly assets can be realised all play a part in how long things take.

Executors should be aware that they have personal responsibility for making sure everything is done correctly. Mistakes can have serious consequences, so it’s important to approach each step with care—especially for larger or more complicated estates.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances. For specific guidance