The Probate Process Explained

The probate process can feel complicated, especially when you are coping with the loss of someone close. At Hibberts, our experienced probate solicitors guide families through each stage with clear advice and practical support. Whether you simply want to understand how probate works or you need help with the application and estate administration, we are here to help.

This page explains the probate process step-by-step so you know what to expect and how we can support you throughout as part of our probate services.

What Is Probate?

Probate is the legal process of dealing with someone’s estate after they have died. It involves valuing their assets, paying any debts or taxes, and distributing the remainder to the people entitled to inherit.

If the person who has died left a will, the executors named in the will are responsible for managing the estate. If there is no will, the estate is dealt with under the intestacy rules and a family member will usually need to apply for Letters of Administration.

When Is Probate Needed?

Probate is usually needed when:

• the person who died owned property in their sole name
• they held bank accounts or investments above the provider’s threshold
• organisations request a Grant of Probate before releasing funds

If most assets were jointly owned or fall below the relevant thresholds, probate may not be required. We can review the estate for you and confirm whether probate is necessary.

Step 1: Registering the Death

The first stage is registering the death with the local Registry Office. This provides the death certificate, which is needed to notify organisations and begin the estate administration process.

It is often helpful to obtain several certified copies, as many banks and financial institutions ask to see them.

Step 2: Identifying and Valuing the Estate

The executors must identify all assets and debts the person held. This typically involves:

• contacting banks, building societies and investment providers
• valuing property, personal belongings and vehicles
• checking pension and life assurance arrangements
• confirming any outstanding debts, loans or credit commitments

This valuation determines whether inheritance tax is payable and which forms need to be submitted to HMRC.

Step 3: Completing Inheritance Tax Forms

HMRC requires executors to complete inheritance tax paperwork, even when no tax is owed. The correct forms depend on the size and nature of the estate.

We can prepare these forms on your behalf and advise you on any inheritance tax reliefs, exemptions and deadlines.

Step 4: Applying for Probate

Once the necessary forms are completed, the executors can apply for the Grant of Probate. This document confirms their legal authority to deal with the estate.

If there is no will, a family member applies for Letters of Administration instead. We can advise you on which application is required and prepare the paperwork for you.

Step 5: Collecting in Assets

After probate is granted, the executors can close accounts, sell or transfer property, and collect any funds due to the estate. This stage often includes:

• closing bank and investment accounts
• selling or transferring property and vehicles
• cashing in policies and savings
• reviewing any outstanding bills or liabilities

We can manage these tasks on your behalf as part of our full estate administration service.

Step 6: Paying Debts and Expenses

Executors must ensure all debts, funeral costs, tax liabilities and expenses are paid before distributing the estate. Failure to do this properly can result in personal liability, which is why many executors choose to work with a solicitor.

Step 7: Preparing Estate Accounts

Estate accounts set out everything that has been received and paid out of the estate. These accounts are shared with beneficiaries and must be accurate and complete.

We prepare estate accounts for executors to ensure the process is transparent, compliant and fully documented.

Step 8: Distributing the Estate

Once all debts and expenses have been settled and estate accounts approved, the executors can distribute the remaining estate according to the will or intestacy rules.

If beneficiaries disagree with the distribution or how the estate is being handled, our contentious probate team can advise you on resolving disputes.

How Long Does the Probate Process Take?

Timescales vary depending on:

• the complexity of the estate
• how quickly organisations provide information
• whether property needs to be sold
• whether inheritance tax is payable
• whether any disputes arise

Simple estates can take several months, while more complex estates may take longer. We will give you realistic timescales at the outset and keep you updated throughout.

How Hibberts Can Help with the Probate Process

We offer a flexible service depending on how much support you need. Our team can:

• advise you on whether probate is required
• prepare and submit the probate application
• complete inheritance tax forms
• contact organisations and gather valuations
• collect in assets and handle property matters
• prepare estate accounts
• manage the full estate administration if preferred

Whether you want help with one stage or all stages of the probate process, we will guide you clearly and supportively. If you are an executor looking for tailored help, you may also find our Executor Support & Guidance service helpful.

Probate Process Explained – FAQs

Do I always need probate?
Not always. If assets were jointly owned or fall below certain thresholds, probate may not be required. We can confirm this for you.

Can I apply for probate myself?
Yes, but many executors choose to use a solicitor because probate and tax forms can be complex. We can help with just the application or the full estate administration.

How long does probate take?
This depends on the estate. Simple estates may take several months; complex estates usually take longer. We will give you a realistic estimate for your situation.

What if beneficiaries disagree?
Disputes can arise during probate. Our contentious probate team can support you with resolving disagreements or defending your position as an executor.

Get Help Understanding the Probate Process

If you need help with any stage of the probate process, from the application to full estate administration, our specialist team is here to help.

Contact Hibberts today by phone or complete our online enquiry form and we will get back to you promptly.