Wills & Probate
Probate is the process of dealing with a person’s estate and following their will.
Basic will & probate process
- Testator writes a will & appoints executor(s)
- Testator stores the will in a safe place
- Testator dies
- Executor accesses the will
- Executor applies for probate (if needed)
- Executor receives Grant of Probate (if needed)
- Executor gathers & distributes assets, following the will
Key definitions
A will is a legal document that outlines what a person wishes to happen to what they own or care for upon their death. This can include decisions on who should care for their children or pets.
A testator is the person who is writing their will and an executor is the person who will make sure the decisions in the will are acted upon.
Probate is the process of dealing with someone’s assets when they die. Assets can be anything the person owned such as property, money, cars, and any other possessions.
A Grant of Probate is the legal document that gives executors access to the testator's assets and the right to distribute them (following the direction of the will).
Frequently Asked Questions
- Register their death with the local authority. You can do this on the government website.
- Pay for a death certificate from the local authority. This will cost £11 in England, £10 in Scotland and £8 in Northern Ireland.
- Find the testator’s will. If you are unsure where the deceased kept their will you might ask their solicitor or estate planner, such as Countrywide Tax & Trust.
- Tell HMRC the estimated value of the estate.
- Apply for a Grant of Probate or a Grant of Letters of Administration if there isn’t a will.
- Gather together the deceased’s assets. You may need to gain access to bank accounts in order to do this.
- Pay any outstanding debts the deceased had. You will need to consult their financial records and paperwork in order to do this.
- Place a Deceased Estates Notice with The Gazette and perhaps also put a notice in the local newspapers. This allows any remaining creditors (people or organisations that the testator owed money to) to come forward.
- After two months have passed and all debts are paid, the executor can distribute assets to the beneficiaries and complete the wishes outlined in the will.
The probate process is admin-heavy and can be complex to deal with, especially at a time of grief. Professional help can be a great support at this time.
If someone dies but has not made a will, they have died “intestate”, which means that their estate is subject to intestacy laws rather than their personal wishes. Because they won’t have chosen an executor, their spouse or a close family member (such as their parent or child) is given the legal right to deal with their estate.
In this situation, it often comes as a surprise to the family member who will be taking on the estate administration. Sometimes it can be helpful to have an expert to guide you when it comes to follow intestacy laws.
If that’s you, find out more about how we can support you with probate.
There are certain situations when an executor doesn’t need to apply for a Grant of Probate. This might be when as estate is small in value, if the deceased only had savings, or had jointly owned assets – for example, shares, bank accounts or property.
You should contact the financial organisations that the deceased used, such as their bank or even a financial advisor if they had one. They will be able to let you know whether they require a Grant of Probate in order to release the assets.
Browse Other Resources
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Probate Services
Find out more about how our expert team can help with probate