Whether you’re experiencing the sudden and unexpected loss of a loved one or the sad conclusion to a long-term illness, the passing of a family member or partner can be an extremely difficult and challenging time. Add to this the additional responsibility of managing their estate, and it can soon start to feel overwhelming.

The emotional impact of losing someone can't be avoided. But having a clear understanding of the steps needed to administer their estate can at least alleviate some of your worries. Whether you choose to handle probate yourself or seek professional help, being knowledgeable about the process is a key way to avoid costly errors.

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Firstly, what is probate?

Put simply, probate is the legal process of administering a deceased person's estate. This includes organising their property, money, and possessions, settling any debts or taxes, and distributing the remaining assets to beneficiaries.

“There’s sometimes a misconception that ‘probate’ is a legal document, but it’s actually the process of managing an estate when someone’s died,” explains Haleema Sadia, solicitor at Hegarty. “It involves gathering in the assets, paying off any debts or tax liabilities that they might have had, and then distributing anything that’s remaining to the rightful beneficiaries of the estate. The ‘Grant of Representation’ is the legal document that provides the authority for the executor or administrator to be able to deal with everything. The type of Grant required will depend on whether the deceased left a Will or not.”

Not all estates need probate. For example, it’s not needed if all assets were jointly owned and pass automatically to the surviving owner. Probate is also not required if the estate value falls below the threshold set by banks and financial institutions; typically between £5,000 and £50,000, but each institution sets their own thresholds, and there are no other assets that require probate.

“In order to determine if probate is necessary, it often depends on working out the overall value of the estate and the types of assets that were owned. As well as seeing if they were jointly owned assets, such as shared bank accounts or property,” says Haleema. “If you're unsure about whether the estate needs probate, you can seek professional advice to make sure you're meeting all legal obligations.”

She continues, “At Hegarty, we can carry out an initial conversation over the phone to gain an overview of what assets the deceased held, so far as you are aware. However, with finances, it can happen that not everything has been previously disclosed. It’s quite common for there to be accounts or pension pots that the executor wasn’t aware of. If you’re planning to instruct a solicitor, it’s best to gather together as much information as you can about what the deceased owned to determine whether you need probate or not.”

Many people decide to undertake probate independently, thinking it will save them money. But the reality is that, when handled incorrectly, the process can be fraught with potential pitfalls that might cause delays and disputes.

What is the probate process?

The process starts with officially registering the death. This needs to be within five days in England, Wales, and Northern Ireland, or eight days in Scotland (including weekends and bank holidays). Gaining a death certificate is crucial for the next steps. Once you’ve arranged a funeral, you will receive a certificate for burial or cremation, often referred to as ‘the green form’.

Haleema says, “Essentially, when we’re first instructed, there will be immediate post-death duties to deal with, like registering the death and locating a will. Sometimes clients register the death prior to instructing us, but if not then we can easily do it for them. With a firm like Hegarty, we’re very local to the region, so very often we already hold the will. It doesn’t take too long for us to gather that information.”

Locating the will is an important early step. In the UK, the probate process can vary depending on whether the deceased left a will or died intestate (without a will). The will is a document that typically names the executor(s) responsible for managing the estate. The main advantage of having one is that it clearly outlines the deceased's wishes, which should reduce the chance of disputes later on. If there's no will, the rules of intestacy determine who can apply to be the administrator, and there may be additional steps to work out the rightful beneficiaries. This means that not having a will can sometimes lead to delays.

After this, the next step is to value the estate. This involves a detailed inventory of all assets - such as property, bank accounts, savings, investments, personal possessions, and life insurance policies. However, it also involves assessing the debts and liabilities. These might include mortgages, loans, credit card balances, and utility bills. As part of the executor's responsibilities, preparing accurate accounts detailing these figures is essential.

At this stage, you can apply for a Grant of Representation. This legal document gives you the authority to manage the deceased's estate. A Grant of Probate is issued when there's a valid will, while a Grant of Letters of Administration is issued when there's no will. Once this has been done, the executor can access the deceased's assets, close accounts, sell property if needed, and settle outstanding debts. The remaining assets are distributed according to the will or intestacy rules.

How long does probate take?

The time taken can vary significantly depending on the complexity of the estate and a few other contributing factors. On average, the entire process usually takes between nine months and a year. However, larger estates with diverse assets may take 18 months or longer, particularly if property needs to be sold. If assets are owned in other countries, dealing with these can also complicate the process.

Don’t forget that if the estate's value exceeds the inheritance tax threshold of £325,000, additional forms may need to be completed and if there is inheritance tax to pay this needs to be paid before the Grant of Representation can be issued. Reliefs and exemptions are available. Remember that income tax and capital gains tax may also apply to the estate.

“Delays can be caused by the complexity of the deceased’s financial affairs,” explains Haleema. “For example, maybe they had an investment portfolio or property portfolio, or they had money in lots of different savings pots. That is going to take longer to deal with than someone who simply had money in the bank.”

There are also other potential complications to consider. Any disputes among beneficiaries or challenges to the will can delay the process. Executors must allow time for any potential creditors to come forward. This is typically achieved by placing notices in The Gazette and a local newspaper, with a two-month waiting period. If beneficiaries can't be located or executors are unwilling or unable to act, this can cause delays too.

It’s important to communicate clearly with everyone involved to reduce the likelihood of disputes or misunderstandings. “It’s a bit of a sensitive area, but how the family works together can affect how long the process takes” adds Haleema. “If you have a complicated family situation, then that can throw a spanner in the works if they want to contest the will.”

While much of the probate timeline is outside the executor's control, there are ways to assist the process. Begin gathering information and valuing the estate as soon as possible. Keep accurate records of all communications and actions taken. Consider hiring a probate specialist or solicitor, particularly for complex estates. Their expertise can help avoid delays caused by errors or oversights.

Haleema explains, “Hiring a professional, like a solicitor, will definitely help because you’re instructing someone who’s already very familiar with the process, so they can crack on with the work. As an executor who’s new to probate, you’re having to learn the ropes of what you need to do as you go along.”

Professional help in probate

Mismanagement of the estate or perceived unfairness can sometimes cause family disagreements, particularly in such an emotionally-charged process as probate. “An independent professional can often act as a neutral party to defuse tensions,” explains Haleema. “It adds a level of separation to everything, because you have someone managing the process who’s less emotionally involved. It really helps keep everything moving along.”

To prevent unnecessary delays, seek professional valuations and carry out thorough investigations to ensure all assets and debts are accounted for. Only after confirming that all obligations and expenses have been covered, and after the creditor claim period ends, should you proceed with the final distributions. Remember that administering an estate is a legal duty that can have serious implications if mistakes are made.

Haleema says, “Sometimes people try to do it themselves first, and then they get completely overwhelmed. The main thing for executors to understand is that they are personally liable for the estate and any debts that are owed. For example, a lot of the time, people will pay beneficiaries out very quickly, and they don’t necessarily understand that if they haven’t got all of those debts sorted, they are going to have to pay for that out of their own finances. There are also statutory deadlines for individuals who may want to make a claim on an estate. Sometimes an executor will distribute funds without making sure that the time in which someone can contest a will has actually lapsed, which leads to people then contesting after the money has already been distributed.”

It's crucial to keep a copy of all transactions in case they are needed in the future by creditors, beneficiaries, or the court. Some organisations might require you to keep records for a significant period. While it's possible to handle probate without professional assistance, many people choose to seek help from solicitors or probate specialists to navigate the complexities and ensure all legal requirements are met - providing you with peace of mind.

“We’re very aware of the sensitivity needed when working with families of bereaved individuals in such difficult times,” explains Haleema. “You can see the impact that your work is having on individuals when you’re helping and guiding them through the process.”

“A lot of the time, this is someone’s entire life that they’ve worked for. They’ve paid off their house, they’ve saved their money, and I’m now being entrusted to make sure everything is done properly so that the family can benefit from their hard work. I’m being trusted to deal with assets that people have worked their whole lives to accumulate to pass on to loved ones. That feels like such a privilege.”