A Simple Guide to Probate: What to Expect and How to Navigate the Process

Losing a loved one is never easy. Alongside the emotional impact, there are often legal and financial responsibilities to manage—many of which can feel overwhelming at an already difficult time. One of the most common processes people encounter is probate.

If you’ve been named as an executor, or you’re helping to manage someone’s estate, this guide will walk you through the probate process step by step in a clear and straightforward way.

Step One: What to Do Immediately After a Death

Before anything else, there are a few important legal and practical steps that need to be taken:

  • Register the death: In the UK, this must be done within five days. You should also check whether the deceased left any instructions about funeral arrangements, such as burial, cremation, or organ donation.
  • Protect the estate: Executors (or Personal Representatives) are responsible for safeguarding the deceased’s assets. This means ensuring property is secure, valuables are protected, and appropriate insurance is in place.
  • Notify relevant parties: If the deceased was involved in any trusts, the trustees should be informed as soon as possible.

Who is entitled to inherit?

At this early stage, it’s essential to establish whether there is a valid Will. If there is, it should be reviewed carefully to identify the beneficiaries and understand what each person is due to receive.

Sometimes complications arise—for example, if the Will may not be valid or if someone believes they have a claim against the estate despite not being included. Seeking legal advice early can help avoid costly issues later on.

Step Two: Valuing the Estate

Once the initial arrangements have been dealt with (usually after the funeral), the next step is to determine the value of the estate.

This involves identifying all assets—such as property, bank accounts, and investments—as well as any debts, including mortgages, care fees, and outstanding taxes.

Accurate valuations are important, particularly because they determine whether Inheritance Tax (IHT) is payable. In many cases:

  • Formal valuations may be required
  • Assets cannot be accessed until probate is granted
  • Property cannot be sold until the Grant of Probate is issued

However, banks may release funds specifically to pay any IHT due.

What about unknown debts?

Executors can be personally liable for debts—even those they weren’t aware of. To protect themselves, they can place Section 27 Notices (also known as Trustee Act Notices) in the London Gazette and a local newspaper.

This step helps ensure that if unknown creditors come forward later, the Executors are not personally responsible—although beneficiaries may still be affected.

Step Three: Dealing with Inheritance Tax (IHT)

Once the estate has been valued, the next step is to confirm whether IHT is payable.

Many estates fall below the tax threshold or qualify for exemptions, but an IHT return may still need to be submitted. Where tax is due:

  • Some or all of it may need to be paid before probate is granted
  • Payments are often made using funds released by banks

Because IHT rules can be complex—especially for larger estates, or those involving trusts, gifts, or overseas assets—professional advice is strongly recommended.

What if something is missed?

It’s not uncommon for additional assets to come to light later. If this happens, a corrective IHT return must be submitted and any additional tax paid promptly (including interest if applicable).

Step Four: Applying for Probate

Once valuations are complete and any IHT matters are addressed, you can apply for the Grant of Probate (or Letters of Administration if there is no Will).

This legal document gives you the authority to:

  • Collect the deceased’s assets
  • Pay outstanding debts
  • Distribute the estate to beneficiaries

Applications can be made online or by post, depending on the circumstances. The original Will must be submitted to the Probate Registry, and processing typically takes up to 16 weeks once all documents have been received.

What if an Executor doesn’t want to act?

Not everyone named as an Executor will want to take on the role. In these cases, they can either:

  • Reserve their power (step back but retain the option to act later), or
  • Renounce the role entirely (a permanent decision)

Step Five: Administering the Estate

Receiving the Grant of Probate is a major milestone—but it’s not the end of the process. In fact, it marks the beginning of estate administration.

Executors will need to:

  • Collect all assets
  • Pay off any debts and liabilities
  • Distribute gifts and cash legacies
  • Prepare detailed estate accounts

These accounts track everything that comes into and goes out of the estate and confirm what each beneficiary is entitled to receive. In some cases, interim payments may be made before everything is finalised.

You may also need to complete tax returns for the estate, particularly if income or capital gains arise during the administration period.

Once all obligations have been met, the remaining assets can be distributed to beneficiaries.

A good time for future planning

For beneficiaries, this stage can also be an opportunity to review their own estate planning—especially if they’ve received a significant inheritance.

 

How We Can Help

Every estate is different, and while the probate process follows a similar structure, the details can vary significantly. Breaking it down into clear steps can make it feel much more manageable—but expert support can make all the difference.

Whether you need help determining if probate is required, handling complex assets (including overseas property), or managing the entire process from start to finish, our experienced Private Client and Probate specialists are here to help.

We take care of the practical and administrative burden, explain everything in plain English, and provide reassurance during what is often a very challenging time.

 

If you’d like advice or support with probate, feel free to get in touch with our team.