What actually happens during probate?

Probate is a process many people only encounter during one of the most difficult periods of their lives. When someone dies, their family is often left trying to understand unfamiliar legal terms, deadlines and responsibilities at a time when they are already grieving. It is completely normal to feel unsure about what to do or where to start. This guide explains the probate process in clear, practical language, so you know what to expect and why each step matters.

What Is Probate?
Probate is the legal process of dealing with a person’s estate after they die. The estate includes everything they owned: property, money, investments, personal belongings and any debts. If the person left a valid Will, the executors named in it can apply for a Grant of Probate. If there is no Will and the person died intestate, only certain individuals are entitled to apply for a Grant of Letters of Administration. Both documents essentially serve the same purpose: they enable the executors or administrators to collect in the assets, pay any debts and distribute the estate.

Many people assume probate is only needed for large or complicated estates, but that is not always the case. Whether probate is required depends on the type of assets and how they were owned.

Step 1: Confirming Whether Probate Is Needed
The first task is to work out whether probate is required. This depends on the structure of the estate rather than its size. Probate is usually needed when:

• The person owned a property in their sole name or as tenants in common

• Banks or financial institutions who will not release funds, over a certain
amount without a Grant

• There are shares or investments in the person’s sole name

Some assets can be transferred without probate. For example, jointly owned property passes automatically to the surviving owner. Many banks also release small balances without a Grant, although each institution sets its own threshold. Our probate team can quickly assess the estate and confirm whether probate is likely to be required, which prevents unnecessary work and delays.

Step 2: Identifying the Executors or Administrators
If there is a Will, the executors named in it are responsible for administering the estate. If there is no Will, the law sets in strict order who can apply to be appointed as Administrator. Administrators and Executors are collectively known as Personal Representatives. Personal Representatives often feel anxious about the responsibility, but they are not expected to be experts. Their role is to act reasonably, keep accurate records and seek professional help where needed.

If a Personal Representatives does not wish to act, they can step aside, and another person can take on the role. A solicitor can guide families through this if there is uncertainty or disagreement.

Step 3: Valuing the Estate
Before any forms can be submitted, the estate must be valued. This is often the most time‑consuming stage because it involves gathering information from multiple organisations. Personal Representatives will need to:

• Check whether there is a will or they have the correct Will

• Conduct a Will search and Asset search

• Contact banks, building societies and investment providers

• Obtain property valuations

• Identify pensions, life insurance policies and workplace benefits

• List personal belongings of significant value

• Check for outstanding debts, loans or bills

Accurate valuations are essential because they determine whether Inheritance Tax is payable and which forms must be completed. Even when no tax is due, HMRC may still require detailed information about the estate.

Step 4: Completing the Inheritance Tax Forms
This stage can feel daunting, as the forms are detailed and the rules can be complex. Personal Representatives must:

• Complete the relevant IHT forms

• State the value of all assets and liabilities

• Claim any allowances or exemptions

• Pay any inheritance tax due before any Grant is issued (in some cases, instalments are allowed)

Mistakes may lead to delays or penalties, which is why many executors choose to instruct an experienced, trusted law firm, this ensures the forms are accurate and that all available allowances are properly applied.

Step 5: Applying for the Grant
Once the estate has been valued and tax forms are complete, the application for the Grant can be submitted to the Probate Registry. This includes:

• The original Will (if there is one) and

• The probate application and Legal Statement

Processing times vary, and delays are common, at the Probate Registry, especially during busy periods. A solicitor helps ensure the application is complete and correctly prepared, reducing the risk of it being returned for amendments.

Step 6: Collecting the Assets
After the Grant is issued, the Personal Representatives can begin collecting the assets. This may involve:

• Closing bank accounts

• Selling or transferring property

• Cashing in investments

• Collecting pension lump sums or life insurance payments

This is the point where the estate starts to move forward in a practical sense, a Personal Representative must keep clear records of all money received. A solicitor as has a regulated client account to make this easy.

Step 7: Paying Debts and Expenses
Before the estate can be distributed, to the beneficiaries, all outstanding liabilities must be settled. These may include:

• Utility bills

• Funeral costs

• Loans or credit cards

• Professional fees

Personal Representatives are personally liable if debts are missed, so careful checking is essential. A solicitor can help identify any liabilities that might not be immediately obvious.

Step 8: Finalising Tax
IHT, CGT and Income Tax
A crucial step before distributing the estate is finalising the tax position of the estate. Any inheritance tax owing will need to be paid and clearance obtained from HMRC. Additionally, if the estate generates income during the administration period, or if an asset has increased in value, the personal representatives may need to account to HMRC in relation to estate income tax and Capital Gains Tax.

Step 9: Preparing Estate Accounts
Executors must prepare a full set of estate accounts showing:

• All assets collected

• All payments made

• The final balance available for distribution

These accounts should be shared with beneficiaries for transparency. They also provide protection for the Personal Representatives if questions arise later.

Step 10: Distributing the Estate
Once everything is accounted for, the estate can be distributed according to the Will or, if there is no Will, the intestacy rules. This may involve transferring money, property or personal items. should keep copies of all receipts and confirmations.

How Long Does Probate Take?
One of the first questions families ask after a bereavement is how long probate will take. Unfortunately, there is no single answer that applies to every estate. The timescale depends on the complexity of the assets, whether there is a valid Will, how quickly organisations respond, and the current processing times at the Probate Registry and HMRC. That said, there are typical stages and realistic expectations that help families plan.

For a straightforward estate, probate usually takes between nine and eighteen months from start to finish.

More complex estates - for example, those involving complex assets, business assets, disputes or missing information - can take longer.

Final Thoughts
Probate can feel overwhelming, especially when you are grieving or dealing with complex family circumstances. A solicitor’s role is to guide you through each stage, ensure the legal requirements are met and reduce the stress that often accompanies the process. With the right support, probate becomes a structured, manageable series of steps rather than a daunting task.

If you are faced with dealing with probate then get in touch with our friendly team who can talk you through what’s needed and how we can help you.