How the Probate Process Works

Once a person has passed away, the Executors (if there is a Will) or Administrators (if there is no Will) formally appoint us to act on their behalf. We will open the file, issue initial documentation for completion, carry out identification checks, and take initial instructions to begin progressing the estate administration without delay.

We will work with you to identify the full extent of the estate, including all assets and liabilities. This typically includes property, bank accounts, investments, personal possessions, and any outstanding debts.

If the estate includes a property, we will advise obtaining a market valuation and may recommend placing the property on the market at an early stage, even before the Grant of Probate is issued.

Accurate valuations must be obtained for all assets as at the date of death. This includes property valuations, financial accounts, and personal items where appropriate.

These valuations are essential for calculating any Inheritance Tax liability and must be based on reasonable and supportable figures.

We prepare the appropriate Inheritance Tax forms based on the value of the estate:

• For smaller or non-taxable estates, a simplified return is used
• For larger estates, a full Inheritance Tax account must be submitted to HM Revenue & Customs

Where tax is payable, it is usually necessary to pay some or all of this before the Probate application can proceed.

Once the tax position is confirmed, we prepare and submit the application to the Probate Registry. This includes:

• The formal application
• The original Will (if applicable)
• Supporting Inheritance Tax documentation

We ensure that all requirements are satisfied to minimise delays in obtaining the Grant.

The Probate Registry reviews the application and, if satisfied, issues the Grant of Probate (or Letters of Administration).

This is a key legal milestone, as it provides the authority for the Executors or Administrators to deal with the estate.

If the estate includes a property, a sale can be agreed prior to this stage, but contracts cannot be exchanged until the Grant has been issued.

Once the Grant has been obtained, we assist in collecting and realising the assets of the estate. This includes closing bank accounts, encashing investments, and transferring funds into the estate account.

Where a property is involved, the sale can proceed to exchange and completion, with the net proceeds forming part of the estate.

Where the estate includes property, it is common for the property to be marketed before the Grant of Probate is issued. This can help reduce delays once the Grant is obtained.

However:

• Contracts cannot be exchanged until the Grant has been issued
• Completion takes place in the usual way thereafter
• Sale proceeds are paid into the estate for distribution

All debts and liabilities must be settled before any distribution can be made. These may include:

• Funeral expenses
• Outstanding household bills
• Loans or credit liabilities
• Tax due

We may also advise placing statutory notices to protect against unknown creditors.

We prepare a detailed set of estate accounts showing:

• Assets collected
• Liabilities paid
• Expenses incurred
• Balance available for distribution

These accounts are provided to the Executors and beneficiaries for approval.

Once all liabilities have been settled and the estate accounts approved, the estate is distributed in accordance with the Will or the rules of intestacy.

Following distribution, we ensure that all final administrative steps are completed. This includes finalising any outstanding tax matters and confirming that the estate administration has been properly concluded.