Probate is the legal and financial process involved in dealing with the estate of a person who has passed away. This includes managing their assets, paying any debts and distributing inheritance in accordance with their will—or, if there is no will, under the rules of intestacy. At Blackstone Solicitors, we provide expert guidance through each stage of the probate process, ensuring that our clients are supported during what can be an emotionally and administratively challenging time.
Below, we outline the key steps involved in the probate process in England and Wales.
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- Establish Whether Probate Is Required
Not every estate requires a grant of probate. The need for probate generally depends on the size and complexity of the estate, as well as the types of assets involved.
If the deceased person held assets in their sole name—such as a property, significant bank accounts, or investments—then probate is usually required. If the assets were held jointly and pass automatically to a surviving joint owner (such as a spouse), probate may not be necessary.
Banks and financial institutions each have their own thresholds and requirements, so it’s important to contact them to confirm whether a grant of probate will be needed.
- Locate the Will and Identify the Executors
The next step is to locate the deceased person’s will, if one exists. The will names the executors—those responsible for administering the estate. Executors can be family members, friends, professionals, or a combination.
If there is no will, the person is said to have died intestate. In this case, an administrator (usually the next of kin) must apply for a grant of letters of administration, which gives them the legal authority to manage the estate.
- Value the Estate
Before applying for probate, the estate must be accurately valued. This involves:
- Listing all assets (e.g., property, bank accounts, investments, personal belongings)
- Identifying all liabilities (e.g., mortgages, loans, credit card debts, utility bills)
- Determining the value of any gifts made in the last seven years
- Considering jointly owned assets and foreign assets, if applicable
Valuing the estate is important for assessing whether inheritance tax (IHT) is due and for completing the required HM Revenue & Customs (HMRC) forms.
- Calculate and Pay Inheritance Tax (If Applicable)
Inheritance tax may be payable on estates exceeding the nil-rate band, currently £325,000 (as of the 2024–25 tax year). There may also be additional allowances, such as the residence nil-rate band, depending on the circumstances.
Once the estate has been valued, the appropriate IHT forms must be completed and submitted to HMRC. If tax is due, at least part of it must be paid before probate can be granted. Payment can often be made using funds from the deceased’s bank account via the Direct Payment Scheme.
It’s crucial that executors correctly assess and pay any inheritance tax owed, as they can be held personally liable for mistakes.
- Apply for the Grant of Probate (or Letters of Administration)
Once inheritance tax has been addressed, the executor can apply for a grant of probate using the official probate application form. This can be done online or by post.
The application requires:
- A copy of the death certificate
- The original will and any codicils
- Completed inheritance tax forms
- The probate application form (PA1P for executors, or PA1A if there is no will)
Upon approval, the probate registry issues the grant of probate (or letters of administration), providing the legal authority to collect and distribute the estate.
- Gather the Assets
After probate has been granted, the executor or administrator can begin collecting the deceased’s assets. This typically involves:
- Closing bank accounts
- Selling or transferring shares and investments
- Redeeming life insurance or pension policies
- Selling or transferring property
- Collecting outstanding debts owed to the estate
The funds gathered will be used to settle any liabilities, including funeral expenses, outstanding bills, taxes, and administration costs.
- Pay Debts and Expenses
Before beneficiaries receive their inheritance, all outstanding debts and expenses must be paid from the estate. This includes:
- Funeral costs
- Utility bills and council tax
- Loans and credit cards
- Solicitor and professional fees
- HMRC liabilities
It’s important to wait a reasonable period before distributing the estate, in case unknown debts or claims emerge. Executors may choose to place a statutory notice in The Gazette and a local newspaper to protect themselves from liability for unidentified creditors.
- Prepare Estate Accounts
Once all debts have been paid and assets collected, estate accounts must be prepared. These accounts provide a detailed summary of:
- All assets and their value
- All liabilities and payments made
- Income received during the administration period
- The final distribution to beneficiaries
The estate accounts should be approved by all executors and, where appropriate, shared with the beneficiaries. Accurate accounts help avoid disputes and demonstrate that the estate has been handled properly.
- Distribute the Estate
With the estate accounts approved, the final step is to distribute the remaining assets to the beneficiaries, as set out in the will or under intestacy rules.
Distribution may include:
- Cash payments
- Transfer of property
- Gifts of personal possessions or specific legacies
If any beneficiary is a minor or lacks mental capacity, special arrangements—such as trusts or deputyship—may need to be put in place. Executors should retain records of all distributions.
- Finalise Tax Affairs and Close the Estate
Finally, the executor should complete any outstanding tax matters, such as submitting a tax return for the deceased and ensuring that all income tax or capital gains tax due during the administration period has been settled.
Once all tasks have been completed, the estate can be formally closed. Executors should retain records for at least 12 years, in case of future queries or disputes.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we understand that probate is more than just a legal procedure—it’s a deeply personal process that takes place at a time of loss. Whether you are named as an executor, dealing with intestacy, or facing a complex or contested estate, we can provide clear, compassionate, and professional support every step of the way.
Our probate services include:
- Advising on whether probate is needed
- Preparing and submitting probate applications
- Managing estate administration and distribution
- Handling contentious probate matters
We act for clients across England and Wales, offering expert guidance tailored to each individual case. Our goal is to make the process as smooth and stress-free as possible, giving you peace of mind that everything is being handled correctly and efficiently.
If you need assistance with any aspect of probate, contact Blackstone Solicitors today to speak to one of our experienced probate solicitors.
To read more about our services, please visit:
https://blackstonesolicitorsltd.co.uk/services-for-you/probate/
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of probate. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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