The probate process explained

Probate is the process of dealing with the estate of someone who has died, which generally means clearing their debts and distributing their assets in accordance with their will. Being named executor or administrator of someone’s estate can seem daunting at first. But with a little help and advice, the probate process needn’t be stressful.

What does ‘probate’ mean?

The term ‘probate’ refers to the act of getting permission to carry out the wishes specified in a person’s will. In a broader sense, this term can also apply to the overall process of settling a person’s estate. Whoever is responsible for executing the will must abide by specific rules that dictate how to notify authorities and actually distribute the estate.

For permission to manage this process, you’ll need to apply for a grant of probate, or grant of confirmation in Scotland. There are separate rules if someone dies without a will, otherwise known as dying intestate.

How does probate work?

The term ‘probate’ refers to the act of getting permission to carry out the wishes specified in a person’s will. In a broader sense, this term can also apply to the overall process of settling a person’s estate. Whoever is responsible for executing the will must abide by specific rules that dictate how to notify authorities and actually distribute the estate.

The process for settling someone’s affairs will depend on whether you choose to do it yourself, or appoint a professional to act on your behalf. Appointing a professional can be a good idea and, if you are dealing with a complex estate, could be essential.

If you choose to carry out the will yourself, you will need to fill out the relevant forms (and, in England, apply to the Probate Registry) to obtain the right to act as an executor. Then you will be required to gather all the deceased individual’s assets and distribute them amongst the beneficiaries.

This will involve notifying banks, building societies, relevant government departments (such as the council and HMRC) of the person’s death, settling any accounts they hold, tallying up their assets and liabilities, paying off any inheritance tax that might be owed, and then distributing their assets.

Who is the executor of a will?

The person who administers probate is known as the ‘executor’ and is generally appointed in the deceased’s will. In most cases, the executor will be a family member or friend of the deceased. But it’s also possible to appoint a professional executor, typically a solicitor or will writer.

Professional executors will expect to be paid from the proceeds of the estate for carrying out this duty. They normally carry out the entire probate process and receive a fee for this, too.

Frequently Asked Questions

Often, your first experience with probate comes when a loved one dies, and you’re named as their executor. Below, we round up commonly asked questions from first-time executors.

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.