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Losing someone close to you is difficult enough without having to deal with unfamiliar paperwork and legal procedures. After a death, there are several practical steps to take. Some need attention straight away, while others can wait.

One question families often ask is: Do we need probate, and where do we start? Here is a straightforward guide to what happens after someone dies in England and Wales.

Step 1: Obtain a medical certificate and register the death

The first step is to have the death confirmed through the appropriate medical process. A medical examiner will normally review the cause of death before the death can be registered. Some deaths are referred to a coroner for further investigation.

Once the registrar has been notified that registration can proceed, you can arrange to register the death. In England and Wales, deaths should normally be registered within five days, although delays may occur when a coroner is involved.

You can purchase copies of the death certificate. Having several copies may be useful when dealing with banks, insurers and other organisations.

Step 2: Arrange the funeral

The funeral can usually be arranged before probate is completed. Check whether the person left any funeral wishes, a prepaid funeral plan or relevant insurance.

If there is a Will, it may contain guidance about their preferred arrangements. Funeral wishes are generally not legally binding, but they can help families make decisions during a difficult time.

Funeral costs are normally paid from the deceased person’s estate. Some banks may release money directly to the funeral provider before probate is granted.

Step 3: Find the Will and identify the executors

The next step is to establish whether the person left a valid Will. A Will usually names one or more executors. These are the people responsible for administering the estate.

Their duties may include:

• Identifying and valuing assets
• Paying outstanding debts and taxes
• Applying for probate where required
• Distributing the estate to beneficiaries

If there is no Will, the estate is distributed according to the intestacy rules. In that situation, an eligible person, usually a close relative, may apply to administer the estate.

Step 4: Identify and value the estate

The estate includes the money, property and possessions someone leaves behind. This may include bank accounts, savings, investments, property, vehicles and personal belongings. The executor or administrator must also identify outstanding debts, such as mortgages, loans and unpaid bills.

Some assets may pass directly to another person outside the estate administration process. For example, jointly owned property may pass automatically to the surviving owner, depending on how it is held.

A clear picture of the estate is important before deciding whether probate is needed.

Step 5: Check whether probate is required

Probate is the legal process of obtaining authority to deal with a deceased person’s estate.

Where there is a Will, the executor may need to apply for a Grant of Probate. Where there is no Will, an eligible administrator may need to apply for Letters of Administration. Both are commonly referred to as a grant of representation.

When might probate be needed?

Probate is often required when:

• The deceased owned property in their sole name.
• They held substantial savings or investments.
• A bank or financial institution requires a grant before releasing funds.
• The estate includes assets that cannot be transferred without formal authority.

When might probate not be needed?

Probate may not be necessary if:

• The estate is small and financial institutions agree to release the funds without a grant.
• Assets were held jointly and pass automatically to the surviving owner.
• There are no assets requiring a grant of representation.

There is no single estate value below which probate is never required. Different banks and organisations have their own requirements. The need for probate depends on the assets, ownership arrangements and institutions involved.

Step 6: Deal with Inheritance Tax and apply for probate

Before applying for probate, the estate must be valued and the relevant Inheritance Tax requirements considered. Not every estate pays Inheritance Tax. However, some estates still have reporting obligations.

Where tax is due, some or all of it may need to be paid before the grant is issued. The executor or administrator can then submit the probate application to HM Courts & Tribunals Service.

Once the application is approved, the grant provides the formal authority needed to collect and deal with assets requiring it.

Step 7: Pay debts and distribute the estate

After obtaining the necessary authority, the executor or administrator can collect the estate’s assets. They must settle outstanding debts, taxes and administration expenses before distributing the remaining estate.

The beneficiaries then receive their inheritance according to the Will or intestacy rules. Executors should also keep clear records of money received, payments made and distributions.

It is important not to distribute an estate too early. Executors and administrators can become personally responsible for certain unpaid liabilities if they handle the estate incorrectly.

How long does probate take?

There is no fixed timescale for administering an estate. Straightforward estates may be completed within several months. More complicated estates can take a year or longer.

Delays may arise from property sales, tax matters, missing information, disputes or difficulties locating beneficiaries. Obtaining the grant is only one stage. The full estate administration process often takes considerably longer.

Do you need professional help with probate?

Not every estate requires professional assistance. However, probate can become complicated when there is property, a business, Inheritance Tax or a large number of beneficiaries. Professional support can also be valuable when family circumstances are sensitive or executors feel overwhelmed by their responsibilities.

At Jermyn Taylor Private Client Services, we understand that dealing with an estate can feel daunting, particularly while grieving. Our team can guide you through the probate process, explain your responsibilities and help you manage the necessary legal and administrative steps.

Dealing with a loved one’s estate? Contact Jermyn Taylor to discuss how we can help.

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This article provides general information for England and Wales and does not constitute legal advice tailored to individual circumstances.