What Happens When Someone Dies? A Simple Guide to Probate
Dealing with the loss of a loved one is incredibly difficult, and the practical steps that follow can feel overwhelming. One of the biggest sources of confusion is probate — what it is, when it’s needed, and what happens next.
What Is Probate?
Probate is the legal process that gives someone the authority to deal with a person’s estate after they die.
The “estate” includes things like:
Property
Money in bank accounts
Investments
Personal belongings
Probate ensures everything is handled properly and passed on to the right people.
Do You Always Need Probate?
Not always. Probate may NOT be required if:
The estate is very small (usually under £5,000–£10,000 depending on the bank)
All assets were jointly owned — for example, a home owned as joint tenants
Money and belongings pass automatically to a surviving spouse or civil partner
Probate IS usually required if:
There is property in the person’s sole name
Banks or financial institutions ask for a “Grant of Probate” before releasing funds
The estate is large or has multiple accounts
If you’re unsure, we can help you determine quickly whether probate is needed.
Step‑by‑Step: What Actually Happens During Probate
1. Registering the Death
This must be done first. You’ll receive the death certificate, which you’ll need for all the next steps.
2. Finding the Will
If the person left a Will, it will name the executor(s) - the people responsible for managing the estate.
If there is no Will, the law decides who can apply; this person is called an administrator.
3. Valuing the Estate
The executor gathers details of everything the person owned, including:
Bank accounts
Property
Savings and investments
Pensions
Debts and bills owed
These values must be accurate because they are used for tax and legal purposes.
4. Working Out Inheritance Tax (If Any)
Before probate can be granted, HMRC needs to confirm whether Inheritance Tax is owed.
Executors complete the relevant tax forms and arrange payment (if due). Sometimes part of the tax can be deferred until property is sold.
5. Applying for Probate
The executor submits:
The probate application
The Will (if there is one)
The estate valuation
Confirmation of any tax paid
Once approved, the probate office issues a Grant of Probate (or Letters of Administration if there’s no Will).
This document gives legal authority to proceed.
6. Managing the Estate
With the Grant in hand, the executor can:
Close bank accounts
Sell or transfer property
Pay off debts and bills
Cash in investments
Deal with any claims or outstanding paperwork
This stage can take time, especially if property is involved.
7. Distributing the Estate
Finally, once everything is settled, the executor distributes the remaining assets to the beneficiaries named in the Will — or, if there is no Will, according to the rules of intestacy.
How Long Does Probate Take?
While every estate is different:
Straightforward cases can take 3–6 months
More complex estates may take 9–12 months or longer
Delays usually relate to property sales, missing documents, disputes, or tax issues.
How GDA Financial Partners Can Help
We understand how emotionally and practically challenging this process can be. At GDA Financial Partners, we support families by:
Helping determine whether probate is needed
Guiding executors through the process
Helping organise financial information
Offering advice on property, mortgages, and estate finances
Ensuring everything is handled smoothly and professionally
You don’t have to face the process alone.
This article is for general information and does not constitute personal financial advice. If you’re unsure what’s best for you, seek independent financial advice.
