How probate works: a plain guide for executors

If you have been named as an executor, or have lost someone without a will, the word probate can sound daunting. In practice it is a process with clear steps. This guide walks through it in plain English. It is general information for England and Wales, not legal advice on a particular estate.

What probate is

Probate is the legal authority to deal with someone's estate after they die. Where there is a will, the executors apply for a grant of probate. Where there is no will, the closest relative applies for letters of administration. Both are types of grant of representation, and the process is similar.

Do you always need a grant?

No. A grant is needed to deal with assets held in the deceased's sole name above the threshold each institution sets, and always to sell or transfer property in their sole name. It is usually not needed for:

• property and accounts held as joint tenants, which pass to the survivor
• small balances, where the bank will release funds on sight of the death certificate
• life policies and pensions written in trust or paid under a nomination

Each bank and institution has its own limit, so ask them.

The steps in order

1. Register the death and find the will. The will should be located and the executors identified. Check for any later will or codicil.

2. Value the estate. List everything the person owned and owed at the date of death: property, bank accounts, investments, pensions, personal possessions, and debts. Property should be valued professionally. Gifts made in the seven years before death may also need to be identified.

3. Deal with inheritance tax. Report the estate to HMRC using the appropriate forms, and pay any tax due. Inheritance tax is normally paid before the grant is issued, which can create a cash flow problem; banks will often release funds directly to HMRC for this purpose.

4. Apply for the grant. The application is made to the Probate Registry, usually online, with the original will and the probate fee.

5. Collect in the assets. Once the grant is issued, send copies to each institution to close accounts, sell investments and transfer or sell property.

6. Pay debts and expenses. Settle any outstanding bills, loans and the funeral costs. Executors are personally liable if they distribute the estate and a debt later comes to light, so some place a statutory notice to creditors for protection.

7. Distribute and account. Pay any specific gifts, then distribute the remainder to the beneficiaries, and keep a set of estate accounts showing what came in and went out.

How long it takes

Timescales vary a great deal. Gathering valuations and dealing with HMRC can take a few months. The Probate Registry's own processing time varies. A straightforward estate often takes somewhere between six months and a year from start to finish; estates with property to sell, overseas assets or disputes take longer.

Can you do it yourself?

Many executors handle straightforward estates themselves. Others prefer help, especially where there is inheritance tax to pay, a property to sell, a trust in the will or any disagreement among the family. Help can range from guidance on what to do, through to a solicitor handling the whole administration.

Avoiding problems for your own family

Much of the difficulty executors face comes from uncertainty: no will, a will that cannot be found, or assets no one knew about. A clear and up to date will, stored safely with your executors told where it is, and a simple list of your assets kept with it, make the whole process far easier for the people you leave behind. We help families across Norfolk and Suffolk with exactly that.