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Written by Emily Cross.
17 minute read
Grieving someone you love can be hard enough without the added weight of paperwork and practical decisions. We know how draining it can feel when your energy is already stretched thin by loss. If you’re finding it difficult to manage everything at once, you’re not alone, and you don’t have to do it alone, either. We’re here to offer guidance and a bit of breathing space during what may be an overwhelming time for you and your family.
When someone dies and leaves a will, the estate usually has to go through a legal process called ‘probate’. This is the legal act of confirming that the will is valid and accurately lays out your loved one’s wishes. If you are confused by this process, or if you have already read our guide in an attempt to understand what probate is, but need some additional information, we are right here to help.
In this guide, we will talk you through a DIY approach to probate that you may find saves you a significant amount of time and money. After reading you may still choose to contact a solicitor, but at least you will have a clearer understanding of your options at a time when you are already trying to cope with the death of a loved one.
Key takeaways
Probate is a legal process that confirms the validity of a will so that the named executor can manage the estate. If someone dies leaving behind money, property, or valuables, probate is typically needed to ensure the will is valid.
However, if assets are jointly owned and a surviving spouse or civil partner is present, probate may not be required. When someone dies without a will, a separate legal process called letters of administration must be followed instead.
We have created a guide on how to apply for probate with a will and the Gov.uk website can also provide guidance on how to apply for probate without a solicitor. The key steps are as follows:
The following documents will form a key part of your probate application:
Banks and building societies have different policies, but providing photo ID and the death certificate is a good starting point when requesting documents.
An estate contains things such as property, valuables, cash deposits, and investments such as stocks, shares, and in more rare cases, pension funds. Valuing an estate can be a subjective process by its very nature. The best practice is to value each item and entity at the current market price it could realistically command at the time of death. Valuing items at their insurance value or their cost of replacement is not typically done in the UK.
The estate may also have debts and liabilities which will then need to be taken into account. This is done by deducting them from the gross value of the estate, leaving you with the estate’s net value which can then be used for inheritance tax calculations.
The application process can be carried out online or on paper and will require Form PA1P if there is a valid will, and Form PA1A in the case of no will. If you find that the length and complexity of the forms are feeling like too much at this time, you may wish to consider hiring the services of a probate solicitor.
According to HMRC, Inheritance Tax (IHT) is generally not charged on estates valued under the standard Nil Rate Band (NRB) of £325,000, with anything above that typically taxed at 40%. However, this threshold can be higher in some circumstances.
If someone leaves their entire estate to their spouse or civil partner, their NRB isn’t used—and can be transferred, giving the surviving partner up to £650,000 in allowances.
There’s also a Residence Nil Rate Band (RNRB), which allows you to pass on your main home to direct descendants (like children or grandchildren), potentially raising the threshold to £500,000, as long as the estate is worth less than £2 million.
Gifts made before death can still count towards the estate. While most are considered within a 7-year window, HMRC may look back up to 14 years in more complex situations, such as gifts involving certain trusts or chargeable lifetime transfers.
There are multiple reliefs and exemptions that may apply, and it’s important to check how the rules relate to your situation. This Gov.uk guide is a helpful starting point. You may also wish to speak to a probate solicitor if you’re unsure how the rules apply.
The grant of probate is the legal document that gives you the right to administer the estate of the person who has died. Applications typically take 16–24 weeks to be processed. However, the full probate process — from application to distribution of the estate — can often take 6–12 months, especially for more complex estates.You may find that requesting updates at various stages of the process will help you manage your anxiety levels and help you understand what is going on.
Once the grant of probate arrives, you will be able to legally administer the estate. A common example of what it allows you to do is access the cash deposits and investments within financial institutions — every bank and building society will ask to see a copy.
Once probate is granted, you can begin administering the estate in accordance with your loved one’s will. If you find the prospect of doing so overwhelming or emotionally challenging, you may find it helpful to read through the following key steps you will be taking.
While some find they need help and support from a professional at this point, others may find that this step actually helps them cope with the death of a parent or other relative. Knowing that you’re carrying out their wishes can offer comfort and help you come to terms with what’s changed.
To access funds from banks and financial institutions, you will need to present them with the grant of probate documents you have received. They will also request to see a valid photo ID, with many banks requiring additional security steps as well. These vary from institution to institution and connecting at the earliest you feel able to do so can help you get everything ready.
If valuables or property are to be transferred, documentation highlighting the change of ownership will need to be drawn up. In the case of a property in the UK, this would take the form of the deeds of the property changing hands. And if you are selling valuables or property, you can do so just as you would your own possessions, the aim still being to secure a fair market price. You may also find it useful to take a quick look at our guide on what happens to bank accounts after death so that you can plan accordingly.
One of your main responsibilities will be to take control of clearing outstanding debts linked to the person who has died. A final tax return for the person will also need to be completed to show that income tax on all cash deposits and valuables has been paid before they are redistributed, as well as any inheritance tax due on the estate after your loved one has died.
Debts are typically paid out of the estate before the remainder is redistributed according to the wishes laid out in the will. This ensures that the person who has died clears their debts before leaving an inheritance for their family and loved ones.
Another of the key legal responsibilities of an executor is to distribute assets in accordance with the will. In cases where there is no will, the rules of intestacy come into effect and may cause added complications, especially in families with common-law partners who are not legally married.
It’s natural to feel somewhat anxious at this point, particularly if you are having to deal with extended family and a large estate. While we all navigate this step in our own way, one of the best pieces of advice we have heard over the years is to diligently keep records and obtain beneficiary receipts.
Doing so may feel like additional admin at a time when you want to focus on the emotional side of things, but it’s what will allow you to clearly prove that you are distributing the inheritance in accordance with your relative’s final wishes.
Knowing what to do when someone dies can be difficult, and not just because of the emotional side of things. Because of the complex history of the UK, there are variations in probate rules and laws between the four nations.
The HM Courts & Tribunals Service oversees the probate process in England and Wales, with the final decision being made and recorded by the Probate Registry. Probate can take as little as 12 weeks, but more typically 6-12 months as even apparently simple estates can often have a variety of complicating factors that need to be carefully taken into consideration. The probate process involves the will being certified as legally valid and uncontested, and the executor of the will being someone suitable for the role as laid out in the will.
In Scotland, the probate process is known as ‘confirmation’ and follows the same legal framework as in England and Wales. Applications for confirmation are made to the Sheriff Court and the legal document that grants the power to administer the estate is the certificate of confirmation.
In Northern Ireland, the probate process follows the same basic framework, with the exception that the probate threshold is set rigidly at £10,000. The Northern Ireland Courts Service oversees probate, whereas this is left to the Probate Registry in England and Wales. One key difference with the rest of the UK is that the laws of intestacy may be applied differently in relation to extended family and cohabiting partners who are not married. For a clearer understanding of these nuances, you may find it helpful to speak with a specialist solicitor.
Cross-border probate and international assets
Estates that are spread across multiple countries and span international borders are some of the most complex to administer and will frequently require professional input. While a definitive guide on what to do is beyond the scope of this guide, the following key considerations may serve as a suitable starting point:
There are a number of potential challenges you may face, not least of all when someone dies without a will. Even in the case of a valid will being in place, there is room for a variety of different issues to occur:
While a DIY approach may be a way to save money that also doubles as a welcome distraction for some, there is certainly no shame in reaching out for professional help if things become more complicated than you first thought. A probate solicitor who specialises in these types of complex arrangements and processes is one option, as is the halfway measure of seeking partial solicitor assistance. A period of reflection may help you decide which approach is right for you.
We believe that being a family-run funeral provider is about more than offering advice on things such as prepaid funeral plans when a loved one is still alive, or direct cremation services after they have died. Our goal is always to provide the help, support, and perhaps even the comfort that can make a difference at what is an understandably difficult time.
We sincerely hope that the words in our guide have helped you to understand your options when it comes to the world of DIY probate. You may choose to go ahead or you may choose to hire a solicitor — the decision is a personal one that needs to feel right to you.
Taking your time to read through the following FAQ section may help clarify your thinking so that you can make a decision the whole family is comfortable with.
If you have any questions, would like a brochure or simply would like a chat through our services, our award-winning team is here to help.
Unlike other providers, we won’t hassle you with constant calls. We’ll simply ensure you have the information you need and leave you to come to a decision in your own time. When you’re ready for us, our team will be ready to help.
Yes, the Gov.uk website states that you can apply for probate without a solicitor and will link you to the relevant point of entry. Doing so may help save money on legal fees, while some reading this may also find that it provides something to focus on that can serve as a welcome distraction. Understanding the process and what happens to your loved one’s possessions and valuables may also help with the grieving process.
Applying for probate will typically require a will (if one has been left), an official death certificate, and an inheritance tax form. This is so that your loved one’s wishes can be noted, their death can be confirmed, and the size of their estate can be recorded. There is also a probate application form (Form PA1P) that you can download from the Gov.uk website. This will need to be submitted along with the relevant fee payment outlined on the same page.
While you will understandably want closure so you can process your emotions, it’s important to know that probate is rarely a quick process. It will typically take 6-12 months, with more complex and expansive estates taking longer. Disputes around inheritance will also extend the length of time that probate takes.
The first stage — applying for a Grant of Representation so that the estate can be managed — typically takes 3-6 months. This is also when the estate needs to be valued so that any inheritance tax obligations can be clarified. Once the application for the Grant of Representation has been made, Gov.uk highlights that it can take 4-6 months for the Probate Registry to issue the grant.
Probate will still be needed regardless of whether or not there is a will. This is because probate is the legal process that grants someone (the executor) the right to deal with the estate of someone who has died. That said, if there is a will and all of the property and valuables in the estate are jointly owned by a surviving spouse or civil partner, you may find that you do not need to apply for probate. Contacting an independent legal professional may be the best course of action here.
Probate application fees vary depending on the size and value of the estate. If it is deemed to be worth more than £5,000, a fee of £300 will be charged. However, if the estate is worth £5,000 or less, no fee will be charged when applying for probate.
Valuing an estate involves taking into account property, valuables and heirlooms, cash deposits, stocks, and investments. Pensions may also need to be considered in some cases, depending on how they were set up and whether any benefits remain under the control of the estate. Detailed guidance on valuing an estate is available on the Gov.uk website, which you may find helpful.
According to the rules laid out by HMRC, inheritance tax needs to be paid within six months of the death of the owner of the estate. While this may sound like a short timeframe if you are struggling with coming to terms with your loss, let alone the complexity of the tax system, help is available. Something many families find useful is to reach out to HMRC and request that they be granted an extension.
Yes, you can enter into a process known as ‘contentious probate’ that will allow you to legally challenge probate. Grounds for contesting can include evidence of fraud, evidence that the person who has died was experiencing reduced mental capacity, as well as evidence that they were forced or coerced into agreeing to something that runs counter to their best wishes.
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