Losing a loved one is a difficult time, and dealing with legal and financial matters can feel overwhelming. From a probate perspective, there are important steps to follow to ensure the deceased’s estate is handled correctly. This guide outlines the key actions to take when someone dies in the UK.
1. Register the Death
The death must be formally registered. An official death certificate will be issued, which is necessary for probate, estate administration, and other related processes. It is recommended to obtain multiple copies of the death certificate for future use.
2. Locate the Will (If There Is One)
The will determines how the estate is distributed. Check if the deceased left a will and identify the executor(s)—the person(s) responsible for administering the estate. If there’s no will, the estate is distributed under intestacy rules, and a close relative (usually next of kin) will apply for Letters of Administration.
3. Apply for Probate (If Required)
What does probate mean when someone dies? Probate is the legal process of validating a will and granting authority to the executor to manage the estate. Not all estates need probate, but it’s usually required if:
- The deceased owned property or land
- They had significant savings or investments
- Assets were held solely in their name
To apply for probate:
- Complete the PA1 form (or use the online service)
- Submit the original will (if one exists) and death certificate
- Pay the probate application fee (£273 for estates over £5,000)
4. Value the Estate
The executor must calculate the total value of the deceased’s:
- Property and land
- Bank accounts and investments
- Personal possessions (e.g., cars, jewellery)
- Debts (mortgages, loans, unpaid bills)
This determines whether Inheritance Tax (IHT) is due. Estates below the £325,000 threshold (or £500,000 if leaving a home to direct descendants) may not owe IHT.
5. Pay Any Inheritance Tax
If the estate exceeds the IHT threshold, the executor must file an IHT400 form and pay any tax due within six months of the death. Some assets may qualify for relief (e.g., business or agricultural property).
6. Distribute the Estate
Once probate is granted and taxes are settled, the executor can:
- Close bank accounts
- Sell or transfer property
- Pay outstanding debts
- Distribute remaining assets to beneficiaries
7. Finalise the Estate
After all debts and distributions are complete, the executor should prepare final estate accounts and provide beneficiaries with a statement.
Need Help with Probate? Let Us Handle the Probate Process
Dealing with probate can be complex, especially while grieving. Mistakes can lead to delays, disputes, or even financial penalties. As probate specialists we can:
✅ Guide you through every step – from applying for probate to distributing assets
✅ Handle Inheritance Tax calculations – ensuring no overpayment or penalties
✅ Save you time and stress – so you can focus on what matters most