After someone dies, there are often legal and financial matters that need to be dealt with. This process is known as estate administration and may involve applying for probate. If you've never dealt with an estate before, it can seem complicated. This guide explains what probate is, when it's needed, who is responsible for applying and the main steps involved in administering someone's estate.
Probate is the legal process of managing a person's estate after they have died. An estate includes everything the person owned, such as:
Probate gives the legal authority to deal with these assets before they can be distributed to the beneficiaries.
No.Not every estate requires probate. Whether probate is needed depends on several factors, including:
Some estates can be dealt with without applying for probate.
If the person left a valid will, the executor named in the will usually applies for a Grant of Probate. This legal document confirms that the executor has the authority to administer the estate according to the person's wishes.
If there is no valid will, probate cannot usually be granted. Instead, the person entitled to deal with the estate applies for Letters of Administration. The person appointed is known as the administrator, rather than the executor.
If there is a will: The executor named in the will usually applies for probate. If there is no will: The law sets out who can apply to administer the estate, usually beginning with the closest living relatives.
Their responsibilities may include:
Being an executor is an important legal responsibility and can sometimes take several months to complete.
Every estate is different. Simple estates may be completed within a few months, while more complex estates can take considerably longer, particularly where property, inheritance tax or legal disputes are involved.
Not always. Many straightforward estates can be administered without using a solicitor.
However, professional legal advice may be helpful if:
Yes. Probate is not usually needed before arranging a funeral.
Some banks will release funds for funeral expenses or close smaller accounts without probate. Requirements vary between financial institutions.
No. Some estates can be administered without a Grant of Probate, depending on the assets involved.
Yes. More than one executor or administrator can usually act together.