- Probate
- 6 min read
The Probate Process, Explained Simply
What executors actually have to do, and how long it really takes.
Probate is the legal process of dealing with someone's estate after they die. If you've been named an executor, here's what's coming.
1. Register the death and find the will
Register the death within 5 days. Locate the original will, usually with the deceased's solicitor or in a safe at home.
2. Value the estate
List every asset (property, bank accounts, pensions, investments, possessions) and every debt. Get formal valuations for the house and anything of significant value.
3. Pay inheritance tax (if due)
If the estate is above the nil-rate band (currently £325,000, often £500,000 if leaving the home to direct descendants), inheritance tax is due. It has to be paid before probate is granted.
4. Apply for the Grant of Probate
The Grant is the court document that authorises you to deal with the estate. Banks and Land Registry won't release anything without it.
5. Collect, pay, distribute
Close accounts, sell or transfer the property, settle every debt and bill, then distribute what's left to the beneficiaries named in the will. Keep clean records throughout.
FAQs
How long does probate take?
A straightforward estate takes 6–12 months. Larger estates with property to sell or contested wills can take 18+ months.
Do I have to do it myself?
No. Most executors hire a solicitor, partly for the legal work, partly because executor liability is personal and getting it wrong is expensive.
— The takeaway
Probate is a marathon, not a sprint. Get organised early, keep records of everything, and don't distribute anything until the Grant is in hand.
— Wills & Probate
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