The probate process can feel overwhelming when you are already dealing with the grief of losing a loved one. Understanding what is involved and in what order — can make a significant difference. At Curtis Legal, we guide executors through every stage of the probate process with clarity and care, ensuring the estate is administered correctly, efficiently and with no hidden costs.
If you need help with the probate process, we act on a transparent fixed fee basis so there are no surprises. Call us free on 0800 214 216 or use the link below to get an estimate of the likely legal fees for administering the estate.
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📊 Get Fee EstimateWhat Is the Probate Process?
The probate process is the legal procedure by which a deceased person’s estate is administered and distributed. It involves identifying and valuing the assets of the estate, settling any debts and liabilities, paying any inheritance tax due, obtaining the Grant of Probate or Letters of Administration, and distributing the remaining estate to the beneficiaries.
The probate process applies whether or not the deceased left a valid will, though the steps differ depending on the circumstances. Where there is no will, the intestacy rules determine who can apply to administer the estate.
The Probate Process — Step by Step
Register the Death and Obtain the Death Certificate
Register the death at the local register office. It is helpful to use the “tell us once” service as this automatically notifies all government agencies of the death. We recommend obtaining multiple certified copies of the death certificate — typically 2–5 as financial institutions and other organisations may each require sight of an original document before releasing information or assets.
Locate the Will and Identify the Executor
If the deceased left a will, locate the original document. The will appoints one or more executors who are responsible for administering the estate. If no will exists, the intestacy rules determine who has priority to apply for Letters of Administration.
Value the Estate
Before applying for the Grant of Representation, the personal representative must value all assets and liabilities of the estate — including property, bank accounts, investments, personal possessions, business interests and any outstanding debts. An accurate valuation is essential for inheritance tax purposes and the Probate Registry application.
Submit the Inheritance Tax Return and Pay Any Tax Due
If the estate exceeds the nil-rate band — currently £325,000, or up to £500,000 where the residence nil-rate band applies — inheritance tax must be reported to HMRC and any tax due paid before the Grant of Representation will be issued. Inheritance tax is currently charged at 40% on the value above the available threshold and must be paid by the end of the sixth month after the person’s death. If the deadline is missed HMRC charges interest on the outstanding amount until such time as it is paid in full.
Apply for the Grant of Representation
The Grant of Representation is the legal document giving the personal representative authority to deal with the estate’s assets. The application is made to the Probate Registry and currently costs £300 for estates over £5,000. Processing times vary but typically take several weeks.
Administer and Distribute the Estate
Once the Grant of Representation has been obtained, collect the assets, settle any remaining debts and liabilities, and distribute the estate to beneficiaries in accordance with the will or intestacy rules. Personal representatives who distribute assets before all debts are settled can be held personally liable.
How Long Does the Probate Process Take?
The length of the process to administer the estate varies significantly depending on the complexity of the estate. A straightforward estate with no property, no inheritance tax liability and a clear will might be completed within three to six months. A more complex estate — particularly one involving property, business interests, foreign assets or disputed claims — can take considerably longer, sometimes one to two years or more.
We will give you a realistic timeline at the outset and keep you updated throughout every stage of the process.
Do You Need a Solicitor for the Probate Process?
There is no legal requirement to use a solicitor to deal with the probate process. However, many people choose to instruct a solicitor because the process involves legal, tax and administrative responsibilities that can be complex and time-consuming. Mistakes in the process can result in personal liability for the personal representative, including liability for debts discovered after distribution.
Having Curtis Legal handle the probate process on your behalf provides reassurance that every step is completed correctly, every available exemption is claimed, and you are protected from the risks of getting it wrong.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
Common Questions About the Probate Process
Does every estate need to go through the Probate process?
Not always. Small estates — typically those worth less than £5,000 with no property — may be dealt with without a Grant of Representation. Joint assets that pass automatically to a surviving spouse or civil partner also fall outside the process. We can advise you on whether probate is required in your specific circumstances.
Can the Probate process be delayed?
Yes. Common causes of delay in the probate process include missing assets or documents, disputes between beneficiaries, inheritance tax complications, and delays at the Probate Registry itself. We manage the probate process proactively to minimise delays wherever possible.
What is a Grant of Letters of Administration?
Where there is no will, or where the appointed executor is unable or unwilling to act, the probate process involves applying for a Grant of Letters of Administration rather than a Grant of Probate. The effect is the same — it gives the administrator legal authority to deal with the estate.
What happens if there are debts?
Debts must be settled from the estate before it can be distributed to the beneficiaries. The probate process involves identifying all creditors and ensuring that all valid debts are paid. Executors should not distribute the estate until all debts have been settled or properly accounted for.
Can I start the Probate process before the Grant is issued?
Some steps — such as valuing assets and completing the inheritance tax return — must be completed before the Grant is issued. However, you cannot collect or transfer assets in the deceased’s sole name until the Grant of Probate has been obtained.
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Speak to Simon Jenkins and the Team Today
If you need help with the probate process, do not wait. Early advice can prevent costly mistakes and make the probate process significantly smoother for everyone involved.
Call us free on 0800 214 216 for a confidential conversation with no obligation. Alternatively, email [email protected] or complete our online enquiry form and we will call you back the same day.
Curtis Legal Ltd is authorised and regulated by the Solicitors Regulation Authority. SRA Number: 450129.
Simon Jenkins has over 30 years of experience in probate, estate administration, medical negligence and personal injury. All articles on this site are written or reviewed by Simon before publication.
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