The probate process explained

In most cases, the person responsible for administering an estate will be chosen by the deceased and specified in the will. Typically, it will be a close friend or family member, or a legal professional, such as a solicitor. The deceased does not necessarily need to ask you, or seek your permission, before naming you as executor.

If there is no will, the deceased’s estate will be subject to intestacy rules, and the estate will be administered by the next of kin.

The executor named in a will can also be a beneficiary, meaning they can inherit assets from the deceased. In fact, it’s common for a person to appoint one of the major beneficiaries as their executor – for example, their partner or one of their children.

In many cases, a will may appoint more than one person to administer the estate, known as Joint Executors. A person may appoint joint executors to:

• Share the workload
• Give multiple family members decision-making power
• Ensure oversight over executors’ work.

If you’re appointed as a Joint Executor, you’ll need to work collaboratively with the others to ensure probate is managed effectively.

If you’re named as the executor of someone’s will, you can decide whether to settle the estate yourself, or to appoint a professional to work on your behalf.

Alternatively, you can decline to be the executor – if, for example, you don’t have time or you’re too unwell. In this case, you’ll need to sign a Renunciation, essentially resigning from the position. This won’t affect any entitlements you have as a beneficiary.

Another beneficiary may have to step up, or a professional will need to be employed to take your place.

The process can take a long time, even with a straightforward estate comprising just one or two bank accounts. Generally, it will take around three to six months from when the person dies, until the assets are distributed to beneficiaries. You should consider whether you’re able to take on this time commitment, or whether you’ll need assistance.

In most cases, you’ll need to apply for grant of probate before you can settle someone’s affairs. However, it may not be necessary if the deceased’s estate was worth less than £15,000, or if their assets were held jointly and are passing to a surviving spouse or civil partner.

It’s most common for a person to keep their will in their home, so the first step is to search the deceased person’s house. Safes, filing cabinets and locked drawers are obvious starting points. Obviously, you’ll need the permission of the deceased person’s family before you do this.

If the will isn’t kept at home, you can also ask their bank, as it may be stored in a safe deposit. Similarly, if they used a will-writing service, or a solicitor, it is possible that they hold the document.