The first step in the probate process is to identify whether the deceased person wrote a will and if so, to locate it. If there is a will, then responsibility must be taken by the person(s) referred to as Executors to ensure its contents are delivered. In the absence of a will, it is usually the nearest living relative who will be appointed as their Representative who administers the estate.
Probate is only required if the estate is over a certain value. Upon notifying banks and building societies of a death, they will inform you if probate is needed to release funds. Typically, probate is required if the person who died owned property, but this varies depending on ownership details.
To obtain a Grant of Probate or Letters of Administration (in England and Wales), you will need to gather detailed information about the estate and complete forms PA1P (when there is a Will) or PA1A (when there is no Will). If the estate exceeds £325,000, inheritance tax is due within six months after the month of death. Missing this deadline incurs interest and penalties on any unpaid amount.
Once the Grant has been obtained, assets can be gathered from banks and building societies. All debts must be paid before any beneficiaries named in the will can receive their gifts.
Where there are potentially lots of creditors, Statutory Notices safeguard estate Administrators from unexpected claims. While not legally required, these notices shield Executors or Administrators from personal liability if a creditor surfaces after the estate is settled.
It is possible to carry out probate yourself. If the estate is small and most funds are already managed by someone with Power of Attorney, consider handling it yourself. However, even simple estates can be time-consuming and involve extensive paperwork. Probate often takes months to finalise; larger estates may take over a year. Hiring a solicitor can save you significant stress and effort.
Get help finding probate solicitors. At the National Bereavement Service, we connect you with compassionate and professional solicitors who offer transparent pricing. Our trusted legal partners handle your case with sensitivity and clarity, ensuring you understand costs upfront. Whether it’s a flat fee or variable charges due to complexity, you’ll always know what to expect.
