Probate explained: what executors need to know after someone dies

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When someone dies, the practical and legal responsibilities can feel overwhelming. Alongside grief, you may need to arrange the funeral, protect the person’s home, contact banks, deal with bills and work out who is legally allowed to manage the estate. If you have been named as an executor in a will, you may be responsible for dealing with probate and making sure the estate is administered properly.

Probate is the legal process that confirms your authority to deal with a person’s money, property and possessions after they die. In England and Wales, this usually means applying for a grant of probate if there is a valid will. If there is no will, a close relative may need to apply for letters of administration instead. Speaking to Probate Solicitors London can help you understand your duties, avoid mistakes and manage the process with confidence.

This is a common issue for many families. The Office for National Statistics reported that 568,613 deaths were registered in England and Wales in 2024. Many of those estates will have involved bank accounts, property, pensions, personal belongings, tax issues or family questions that needed careful handling. Probate is not always complicated, but it does require accuracy, patience and clear records.

What does probate mean?

Probate gives you legal authority to deal with the estate of someone who has died. The estate includes everything they owned, such as their home, savings, investments, jewellery, vehicles, furniture and personal possessions. It also includes debts, loans, credit cards, utility bills and any tax that must be paid.

If the person left a valid will, the executors named in the will are usually responsible for applying for probate. Once the grant of probate is issued, you can use it to close accounts, sell or transfer property, collect money and distribute the estate to beneficiaries.

If there is no will, the estate is dealt with under the rules of intestacy. In that situation, the person who applies is called an administrator rather than an executor. The legal duties are similar, but the people who inherit are decided by law rather than by the deceased person’s wishes.

Your first steps after someone dies

Before you start dealing with the estate, there are several immediate steps to take. You should register the death, arrange the funeral, secure the person’s home and find the original will if one exists.

You may also need to notify banks, insurers, pension providers, utility companies, mortgage lenders and government bodies. Many organisations will freeze accounts once they are told about the death. This can help protect the estate, but it may also mean you cannot access money until probate has been granted.

At this stage, do not rush into distributing possessions or promising money to beneficiaries. As executor, you are personally responsible for administering the estate correctly. If you distribute assets too early and later discover unpaid debts or tax, you could be held responsible.

Find and check the will

The will is one of the most important documents in the probate process. It should name the executors, explain who should inherit and may include funeral wishes or specific gifts.

You should check:

  • Whether the will is the most recent version
  • Whether it appears to have been signed and witnessed correctly
  • Who has been appointed as executor
  • Whether any codicils were added later
  • Whether any beneficiaries have died
  • Whether there are gifts of property, money or personal items

If there are doubts about the will, you should get legal advice before taking action. Problems can arise if a will appears damaged, unsigned, unclear, homemade, disputed or inconsistent with family expectations.

Work out the value of the estate

Before applying for probate, you need to value the estate. This means identifying all assets and debts as at the date of death.

Assets may include:

  • Property and land
  • Bank and building society accounts
  • ISAs and investments
  • Business interests
  • Vehicles
  • Life insurance policies
  • Jewellery, antiques and personal possessions
  • Money owed to the deceased

Debts may include:

  • Mortgages
  • Credit cards
  • Personal loans
  • Care home fees
  • Utility bills
  • Funeral expenses
  • Tax owed to HMRC

Property should usually be valued carefully, especially if inheritance tax may be due. In London, where property values are often high, even a modest estate can become more complex if a home is involved. You may need estate agent valuations or a formal professional valuation, depending on the circumstances.

Check whether inheritance tax is due

Inheritance tax is one of the main reasons probate can become complicated. The standard inheritance tax threshold is £325,000. In many cases, anything above the available threshold may be taxed at 40%, although exemptions and reliefs can apply.

There may also be a residence nil-rate band where a home is left to direct descendants, such as children or grandchildren. Transfers between spouses or civil partners are usually exempt, and unused allowances may sometimes be transferable.

You should not guess inheritance tax figures. If the estate includes property, investments, business assets, foreign assets, lifetime gifts or trusts, it is sensible to seek advice. Mistakes can delay probate and may create penalties or interest.

Apply for the grant of probate

Once the estate has been valued and any required inheritance tax forms have been dealt with, you can apply for the grant of probate.

The probate application fee is currently £300 for estates valued over £5,000. There is no application fee where the estate is £5,000 or less. You may also want extra official copies of the grant, as banks, investment providers and the Land Registry may each need one.

The application will usually require details of the deceased person, the estate value, the will and the executors. If everything is in order, the Probate Registry will issue the grant. Delays can happen where information is missing, the will raises questions, tax forms are incomplete or the estate is more complex.

Collect assets and pay debts

After probate is granted, you can start collecting the estate assets. This may include closing bank accounts, selling investments, transferring or selling property and receiving money owed to the deceased.

You must also pay debts and expenses before distributing money to beneficiaries. This may include funeral costs, tax, credit cards, loans, care fees, household bills and professional fees.

It is important to keep estate money separate from your own money. Open a dedicated executor account if needed, and keep a clear record of all income and payments. Good records can protect you if beneficiaries ask questions later.

Distribute the estate to beneficiaries

Once debts, taxes and expenses have been paid, the remaining estate can be distributed according to the will. If there is no will, the estate must be distributed under the intestacy rules.

Before making final payments, you should prepare estate accounts. These should show what assets came into the estate, what debts and expenses were paid, and how the final balance has been divided.

Beneficiaries may ask to see the estate accounts. Clear records help reduce misunderstandings and show that you have acted properly.

Common mistakes executors should avoid

Being an executor carries real responsibility. Common mistakes include:

  • Distributing money before all debts are known
  • Ignoring inheritance tax deadlines
  • Failing to keep proper records
  • Using estate money for personal expenses
  • Selling assets without proper authority
  • Misunderstanding the will
  • Failing to communicate with beneficiaries
  • Overlooking pensions, insurance policies or foreign assets
  • Dealing with a disputed estate without legal advice

Even honest mistakes can cause delays, disputes or financial loss. If you are unsure, it is usually better to ask for advice early rather than trying to fix a problem later.

When should you get legal help?

You may be able to manage a simple estate yourself, especially if there is a valid will, no property, no inheritance tax and no family dispute. However, legal support can be valuable where the estate includes property, business assets, foreign assets, tax issues, missing beneficiaries, unclear wording in the will or disagreement between family members.

You should also seek advice if someone is challenging the will, if you are unsure whether the deceased had mental capacity when the will was made, or if you are worried about personal liability as executor.

Final thoughts

Probate is about more than paperwork. It is about making sure someone’s final affairs are handled properly, debts are paid, beneficiaries receive what they are entitled to and the executor is protected throughout the process.

If you have been appointed as an executor, take your time, keep careful records and avoid making decisions before you understand the estate fully. With the right advice, you can manage the process more confidently and reduce the risk of delays or disputes.

If you need help applying for probate or administering an estate, Atalaw Solicitors can guide you through the process with clear, practical legal advice. Contact the team today to discuss your probate matter and understand your next steps.