Understanding Probate: What Happens After Someone Dies?

Losing a loved one is difficult enough without having to navigate unfamiliar legal responsibilities. For many people, probate is something they have never encountered before, and they may suddenly find themselves responsible for dealing with bank accounts, property, outstanding debts and distributing an estate, often while still coming to terms with their loss.

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Understanding the probate process can make this responsibility feel much more manageable and help ensure everything is dealt with correctly.

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What is probate?

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Probate is the legal process of administering someone's estate after they have died. This involves identifying their assets, settling any debts and taxes, and distributing what remains to the beneficiaries entitled to inherit.

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In many cases, a legal document is required before financial institutions will release significant funds or before property can be sold. Whether probate is needed depends on the nature of the assets, their value and how they were owned. For example, jointly owned assets may pass automatically to the surviving owner without requiring probate, while solely owned property or larger bank accounts will often require formal authority first.

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Grant of Probate or Letters of Administration?

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These terms are often used interchangeably, but they apply in different circumstances. A Grant of Probate is issued where the deceased left a valid will and appointed executors to administer their estate. Letters of Administration are usually required where no valid will exists, or where there is no executor able or willing to act, in which case a close relative will normally apply for authority to administer the estate.

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Although the names differ, both documents give the legal authority needed to deal with the deceased's affairs, and the administration process that follows is broadly similar.

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What happens if there isn't a will?

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One of the most common misconceptions is that a person's closest family members automatically inherit everything if no will has been made. In reality, estates are distributed according to the intestacy rules, which set out a strict legal order determining who inherits, prioritising spouses or civil partners and children.

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Unmarried partners, no matter how long they have been together, do not automatically inherit under the intestacy rules, and the same is true for stepchildren unless they have been legally adopted. This can produce outcomes that differ significantly from what the deceased may have intended, which is one of the reasons why making a professionally prepared will is so important.

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How long does probate take?

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While every estate is different, obtaining the Grant of Probate or Letters of Administration for a straightforward estate often takes several months. The full administration, including collecting assets, paying debts, dealing with any Inheritance Tax obligations and distributing the estate, commonly takes between six and twelve months. More complex estates involving property sales, trusts, business interests or family disputes can take longer.

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Although delays can sometimes be unavoidable, clear advice at an early stage helps set realistic expectations and keeps the administration progressing as efficiently as possible.

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Do you have to use a solicitor?

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There is no legal requirement to instruct a solicitor to deal with probate, and many executors choose to administer estates themselves, particularly where matters appear relatively straightforward. However, executors have significant legal responsibilities and can become personally liable if mistakes are made, whether in calculating Inheritance Tax, paying creditors, identifying beneficiaries or interpreting the terms of a will.

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Professional legal advice can therefore provide valuable reassurance, particularly where the estate is more complex or the executor is unfamiliar with the process. Some families ask a solicitor to handle the entire administration from start to finish, while others simply seek guidance on specific stages, and both approaches can help reduce the burden at what is often a very difficult time.

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At Marsons Solicitors, we understand that every family's circumstances are different. Whether you need advice on obtaining a Grant of Probate, dealing with an intestate estate or administering a more complex estate involving property, trusts or Inheritance Tax, we provide clear, practical guidance tailored to your situation, and can assist with as much or as little of the process as you need.

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