Losing a loved one is deeply emotional—and when you’re named as an executor, the responsibility of handling their estate can feel overwhelming. The probate process is layered with legal, financial, and practical demands. But handled in stages, with the right legal support, it becomes a structured pathway from grief to resolution.
This guide takes you through each stage of the probate process in plain English—covering everything from asset collection and tax filings to mistakes to avoid and myths to ignore.
Stage 1: Gathering Information & Securing the Estate
Initial Steps:
- Register the death and obtain official death certificates
- Secure the original Will (if any)
- Confirm who has legal authority: Executor (named in a Will) or Administrator (appointed by court if no Will)
Documentation & Information Needed:
- Bank statements and savings accounts
- Investments and pensions
- Life insurance and business interests
- Property and real estate (consider a RICS valuation, not just an estate agent’s figure)
- Vehicles, jewellery, artwork, and personal items (valued if over £500)
- Digital assets (social media, email, online banking, crypto)
- Foreign assets
- Debts and liabilities (credit cards, loans, funeral costs, mortgages)
- Copies of last three years of tax returns
- Lifetime gifts made in the 7 years before death
Securing the Estate:
- Secure any vacant property to prevent vandalism or pilfering
- Forward mail (important for discovering unknown debts or assets)
- Cancel utilities and subscriptions
- Maintain insurance for property and contents
- Check for unclaimed property in all relevant jurisdictions
Stage 2: Inheritance Tax (IHT) & Probate Applications
Inheritance Tax (If applicable):
- IHT is due within 6 months from date of death, or interest starts accruing
- Apply available reliefs: Nil Rate Band (£325,000), Residence Nil Rate Band (up to £175,000)
- Liquid assets (e.g. bank accounts) must be paid in full; property tax can be paid in 10 instalments
- Gifts made within 7 years are assessable for tax
Key Inheritance Tax (IHT) Forms: If the estate exceeds the tax-free threshold and is not an excepted estate, the IHT400 form must be completed, along with the appropriate supporting schedules depending on the nature of the assets. Once HMRC has reviewed the submission and confirmed that any tax due has been settled, they will provide authorisation for the probate application to proceed.
Probate Application Forms: To apply for the Grant of Representation, use form PA1P if there’s a Will, or PA1A if there isn’t. The application must be submitted with the original Will (if applicable) and a court fee of £300. Official sealed copies of the Grant can be ordered at £1.50 each—requesting 5 to 10 copies is generally advisable for ease of asset collection.
Stage 3: Estate Administration – Collect, Pay, Distribute
With the Grant of Representation in hand, you’re legally authorised to act.
Collecting & Liquidating Assets:
- Close and collect bank accounts
- Redeem investments or transfer them
- Sell or transfer property (conveyancing quote provided separately)
- Access digital assets with necessary authority
Pay Debts & Expenses:
- Funeral expenses
- Utility bills, mortgages, insurance
- Professional fees: solicitor, accountant, surveyors
- Executor expenses: mileage, postage, travel, stationery (keep receipts!)
- Outstanding tax obligations
Statutory Notices:
- Publish in The London Gazette and a local paper (approx. £400)
- Creditors have 2 months to make claims
- Protects the executor from personal liability if unknown creditors come forward later
Missing Heirs or Uncertain Will? Genealogy and Will Searches:
- If beneficiaries are unknown, missing, or cannot be contacted, a professional genealogist may be required
- Genealogists trace family lines to identify and verify rightful heirs, especially in cases of intestacy
- Where the existence of a Will is unclear, a Certainty Will Search can help locate any Wills
- Fees for these services vary depending on the complexity, number of relatives, and jurisdictions involved
Stage 4: Finalising the Estate
Estate Accounts:
- Statement of all funds received and paid
- Once approved, funds and property can be distributed to beneficiaries
- Itemised list of:
- Distributions
- Taxes paid
- Legal and third-party costs
- Final values of all assets
- Once approved, funds and property can be distributed to beneficiaries
Timescales:
- Typical administration: 6–12 months
- Complex estates: up to 2 years (e.g. foreign assets, disputed Wills, missing heirs)
Common Executor Mistakes to Avoid
- Missing tax and court deadlines
- Failing to advertise for creditors
- Distributing assets before the Grant is issued
- Not keeping receipts or accurate records
- Failing to secure property or sensitive documents
- Disorganised accounting
- Not forwarding mail
- Poor communication with beneficiaries
- Ignoring the terms of the Will
- Overlooking executor reimbursements
Remember, executors must not:
- Change the Will
- Sell assets below market value
- Act in self-interest
- Prevent Will contests
- Start distributing before getting legal authority
Probate Myths – Debunked
- “Everything goes to the government if there’s no Will” – Not true; intestacy rules apply.
- “All estates go through probate” – False; small estates under £5,000 or jointly owned assets may bypass probate.
- “Debts die with the deceased” – Incorrect; debts are paid from the estate.
- “An executor can’t also be a beneficiary” – They can, and often are (e.g. spouses or adult children).
- “Cremated ashes can go anywhere” – Not always; laws vary by location. Always check local rules.
How We Help: Comprehensive Probate and Estate Administration Services
Probate is not just a formality—it’s a legal responsibility with serious consequences if mishandled. Whether you’re an executor needing full support or a family member unsure of what comes next, our professional, structured, and compassionate service guides you through every step.
Our Probate and Estate Administration team offers tailored legal support, helping you manage the process with clarity and confidence. Our services include:
- Conducting a full audit of assets and liabilities
- Valuing estate assets and preparing Inheritance Tax (IHT) submissions
- Completing and submitting all necessary probate and tax forms
- Obtaining the Grant of Representation
- Collecting, managing, and distributing estate assets
- Settling estate debts, taxes, and expenses
- Preparing full estate accounts and coordinating final distributions to beneficiaries
- Placing statutory notices to protect against unknown creditors
- Liaising with HMRC, Probate Registry, financial institutions, and other parties
- Tracing missing beneficiaries or conducting Will searches when necessary
- Advising on claims against the estate and managing disputes
- Handling complex estates, including those with international assets or business interests
- Supporting families through intestacy where no valid Will exists
- Drafting Wills to reflect your wishes and protect your loved ones
- Establishing trusts and long-term planning for vulnerable beneficiaries
- Minimising Inheritance Tax through effective lifetime and post-death planning
- Providing ongoing updates and interim billing for transparent service
Dealing with probate or planning for the future can feel daunting—but our Private Client team is here to support you with expertise and compassion at every stage.
If you’d like help managing a loved one’s estate or planning your own affairs with clarity, contact our Private Client team today.
📞 Contact Rose Varsani on 0207 387 2032
📧 Or email pvarsani@lewisnedas.co.uk
Disclaimer:
This blog is for general information and interest only. It does not provide legal advice and should not be relied upon as such. If you’d like tailored legal guidance, please contact us directly.