Value the estate.
Find out what the person owned and owed, and report it to HMRC for Inheritance Tax, even if none is due.
Sorting out someone’s estate
Probate
The legal right to deal with someone’s money, property and belongings after they die. Here’s what it involves, and how to make it easier for your own executors.
Plain English, and nobody will try to sell you anything.
How to make probate easier for your family.
Make a will. Name executors you trust, so it’s clear who’s in charge.
Keep a list. Your accounts, pensions, policies and where the paperwork is.
Put life insurance in trust. A policy in trust usually pays out without waiting for probate.
Tell your executors. Where your will is, and what you’d want done.
How probate works.
In England and Wales, for an executor named in a will.
- Step 1
Step 2Apply for probate.
Apply online or by post. If there’s Inheritance Tax to pay, some of it usually has to be paid first.
- Step 3
Deal with the estate.
Once you have the grant, collect the money, pay any debts and tax, and share out what’s left as the will says.
Questions about probate.
Short answers for England and Wales.
Is probate always needed?
Not always. If the estate is small, or everything was jointly owned and passes to the survivor, the banks and others may release it without a grant. Each organisation decides.
What if there’s no will?
A close relative, usually the husband, wife, civil partner or a child, applies for letters of administration instead. It does the same job.
Do I need a solicitor?
Not always. Many people apply themselves. If the estate is complicated, has a business or property abroad, or the family disagrees, a solicitor is worth it.
Is an executor personally liable?
You can be, if you pay out before debts and tax are settled. Take care, keep records, and get advice if you’re unsure.
Does life insurance go through probate?
Only if it isn’t in trust. A policy written in trust is usually paid to the trustees without waiting for probate.
What about Scotland and Northern Ireland?
In Scotland it’s called confirmation, and it works differently. Northern Ireland has its own probate office.
Useful information
Apply for probate
The official steps, forms and fees are on gov.uk/applying-for-probate.
After a death
What to do first, and where to find support: see when someone dies.
Inheritance Tax
Who pays it, and what’s exempt: see Inheritance Tax.
Still need support?
Ask a real person about probate or a policy in someone’s estate. We’ll help you find the right people.
Monday–Thursday 9am–7pm, Friday 9am–3pm
