Probate is the legal process of sorting out all the property, money, possessions and debt of someone who’s died. Going through probate usually includes gathering a lot of information, applying for a Grant of Probate, selling property and possessions, and sharing out what’s left. Getting started can feel overwhelming. Follow these steps to make sure everything’s done right.
1. Register the death
In England and Wales, you need to register the death within five days. Find the nearest Registrar’s Office local to the person who’s died. You’ll need to take the medical certificate which confirms the cause of death with you. When you register the death, you can buy a death certificate for £11. It’s a good idea to order a few extra copies, as companies ask for this when transferring or closing accounts. The registrar will give you a unique code to use with the ‘Tell us Once’ service. This lets you notify multiple departments in one go, like HMRC, DWP, DVLA and the local council. Some other places to notify include:
Banks, building societies and credit card providers
Mortgage provider, landlord or council housing office
Land registry
Pension providers
Stocks and shares or premium bond providers
Insurance providers like life or home insurance
Utility bills: gas and electricity, water, TV licence and council tax
TV and internet
Dentist
Opticians
Social services or carers
Employer
When you speak to them, ask for:
balances
valuations
outstanding bills
any forms you’ll need to complete
any direct debits to be cancelled.
Exactly what you’ll need from each place to be notified will depend on the nature of the organisation. For subscriptions and deliveries, you can arrange a post redirection for ongoing mail and use the bereavement register or deceased preference service to stop unwanted direct mail. Trustestate’s online search tool has contact information for these providers, so it’s easier to let the right team know. We can contact providers for you too.
2. Find out if there’s a will and/or letter of wishes
If there’s a will or letter of wishes they might be held with their solicitor, or printed and stored with other important documents. If you can’t find it, there are online resources for tracing important documents or reference to where they're stored. The will should name an executor, who’s responsible for sorting the estate and carrying out the person’s wishes. If there’s no executor, or the named executor cannot or doesn’t want to act, there are steps they can take to allow the next of kin or beneficiaries can apply to be the administrator of the estate instead. If you can’t find a will or letter of wishes, that’s OK. The person’s estate will need to be shared out according to special rules called ‘the rules of intestacy’ instead.
3. Value the estate
Once you’ve let organisations know about the person who’s died, you can start to build a more detailed picture of the estate’s assets, and any debts and liabilities. You’ll need a value of the estate before you can apply for probate. In some instances estimates will be enough if you have a good understanding of the finances already, but you should always aim to get accurate figures from the relevant companies. You will need the grant of probate before any banks or building societies release the money to you. Whether you need it depends on the threshold set by the bank or financial organisation – this is usually anywhere between £5,000 and £50,000. Find any documents to do with:
The value of assets can change over time, so it’s important to keep records up-to-date throughout the process. Some assets can be hard to value, especially sentimental things like antiques or art. You might need to hire a valuer or specialist to help with this. It’s also recommended that executors to place a "deceased estates notice” in The Gazette and a local newspaper, to help find anyone who might be owed money by the estate. Read more about debts in probate. Trustestate lets you gather everything online in one place, rather than trying to keep track with pen and paper.
4. Check if there is inheritance tax to pay
Before you apply for probate, check if the estate is subject to inheritance tax. Check out our guide on everything you need to know about inheritance tax, including how to lower the tax you pay.
If inheritance tax is due
Submit the forms, pay the inheritance tax that is due up-front and get an authorisation code from HMRC for the probate application.
If there is no inheritance tax to pay
You’ll still need the estimated value of the estate to apply for probate.
5. Apply for probate
The probate registry charges a £300 application fee. You can apply yourself online or by post, or let Trustestate do it for you. You can read more about applying for probate and the process if there isn’t a will in our articles.
6. Get the grant of probate
You’ll usually get probate within 16 weeks. Sometimes it takes longer if you need to give more information. This is a legal document which means you have the authority to sort out the person’s estate. Extra copies of the probate document are £1.50 each. In England and Wales, creditors have 2 months and 1 day from when an ad is placed in the Gazette to make a claim against the estate. Read more about what happens to debt when you die.
7. Sort out the estate
This is often called estate administration or administering the estate. You’ll need to:
Send a copy of the grant of probate to all the providers you notified before.
Open an executor account with your chosen bank (this lets you gather all the money in one place).
Close all accounts of the person who’s died and ask the providers to transfer any money or assets.
List any properties for sale, if needed.
Using your executor account, pay off any debts or expenses
Prepare the final estate accounts, both to keep a record for yourself and share with the beneficiaries.
Pay the inheritance to beneficiaries according to wishes in the will.
If there’s no will, share assets according to the rules of intestacy.
Close down the executor’s bank account.
Trustestate can guide you through this process or take over all the administration for you.
How Trustestate can help
Sorting out all the admin someone dies can be a challenging and overwhelming process, at a very difficult emotional time. It's important to make sure it's done correctly and follows the wishes of the person who's died. Let Trustestate take out the hassle for a fixed transparent fee. We offer a simple, streamlined service with expert support at every stage.
What we offer
Use our Complete Probate service and we’ll manage every stage of the process – we’ll take over all the admin, apply to the court for probate, and share out the estate. Or if the estate is simple and you have time, you can use our Grant of Probate service, and manage everything with our easy-to-use online platform. Whichever service you choose, you’ll get dedicated advice every step of the way, and a dashboard to check progress at any time. Book a free call with one of our experts to find out more.