Someone Has Died

What to Do First

In the days immediately after someone dies, there are practical things that need to be taken care of. The death must be registered within 5 days in England and Wales. You will need to visit the register office in the area where the person died, bringing the medical certificate of cause of death issued by the doctor or hospital.

The registrar will give you a certified copy of the death certificate. You should order several copies, as you will need them for banks, insurance companies, and other organisations. Each copy costs a small fee. You will also receive forms to give to the funeral director and the Department for Work and Pensions.

You do not need to rush into dealing with the estate. Take the time you need to grieve. Practical matters like probate can wait a few weeks. However, you should secure the deceased person's property, notify their bank and insurance companies, and check whether there are any urgent bills or payments that need to be made. The Tell Us Once service, offered by most councils, lets you report the death to multiple government departments in one go.

What Is Probate?

Probate is the legal authority to deal with a deceased person's estate, meaning their money, property, and possessions. If the person left a will, probate gives the executor (the person named in the will to manage the estate) the legal right to access bank accounts, sell property, and distribute assets to the beneficiaries.

If the person died without a will, the process is called obtaining letters of administration. The closest relative, usually a spouse or child, can apply to be the administrator. The administrator has similar responsibilities to an executor, but the estate is distributed according to the rules of intestacy rather than a will.

Not every estate needs probate. If the deceased person's assets were all held jointly (for example, a joint bank account or a property owned as joint tenants), the assets pass automatically to the surviving owner. Similarly, if the estate is small and there is no property, banks and other organisations may release funds without requiring a grant of probate. As a general rule, probate is needed if the estate includes property or assets worth more than about £10,000 held in the deceased's sole name.

Do I Need a Solicitor for Probate?

You can apply for probate yourself without a solicitor. The government provides an online application process that is fairly straightforward. If the estate is simple, with just a bank account and some personal possessions, you can probably manage it on your own with some patience and careful record-keeping.

However, you should consider getting professional help if the estate is complex. This includes situations where there is property to sell, multiple beneficiaries, inheritance tax to pay, business assets, or assets held overseas. You should also seek help if there is any dispute about the will, if the deceased had significant debts, or if there is no will and the family situation is complicated.

Many solicitors offer probate services on a fixed-fee basis for straightforward estates, which can give you cost certainty. Others charge a percentage of the estate value, typically 1 to 2 percent, or an hourly rate. Banks and specialist probate companies also offer estate administration services, though they are often more expensive than a local solicitor. Always compare quotes and make sure you understand exactly what is included in the fee.

How Much Does Probate Cost?

The court fee for applying for a grant of probate is £300 for estates valued over £5,000, or £0 for estates under £5,000. You will also need to pay for certified copies of the grant, which cost £1.50 each. You should order several copies as banks and other organisations will need to see the original.

If you handle the probate yourself, the court fee is your only major cost. If you instruct a solicitor, fees vary depending on the complexity of the estate. For a straightforward estate with a valid will, no property, and no inheritance tax, solicitor fees typically range from £500 to £1,500. For a more complex estate involving property, multiple beneficiaries, or inheritance tax, fees can range from £2,000 to £5,000 or more.

If there is inheritance tax to pay, this must usually be paid before the grant of probate is issued. The current inheritance tax threshold is £325,000, with an additional £175,000 allowance if you are passing your home to direct descendants. Inheritance tax is charged at 40 percent on the value above the threshold. Your solicitor can advise on ways to manage the tax liability and arrange payment.

The Probate Timeline

The probate process typically takes 6 to 12 months from start to finish, though complex estates can take longer. The first step is to value the estate, which involves gathering information about all the deceased's assets and debts. This can take a few weeks, especially if you need property valuations or are waiting for information from financial institutions.

Once you have the estate value, you submit the probate application to the court. Processing times vary, but you should expect to wait 8 to 12 weeks for the grant of probate to be issued. During busy periods, it can take longer.

After you receive the grant, you can start collecting in the assets, paying debts and liabilities, and distributing the estate to the beneficiaries. You must place a notice in The London Gazette and a local newspaper giving creditors two months to come forward with any claims. This protects you as executor from personal liability for unknown debts.

The final step is to prepare estate accounts showing what assets were collected, what debts and expenses were paid, and how the remainder was distributed. You send these to the beneficiaries and ask them to sign off. Once everyone approves, your role as executor is complete.

If There Is No Will (Intestacy)

If someone dies without a will, their estate is distributed according to the rules of intestacy. These rules set out a strict order of priority for who inherits. A surviving married spouse or civil partner receives the personal possessions, the first £322,000 of the estate, and half of anything above that amount. The other half goes to the deceased's children, divided equally between them.

If there is no surviving spouse or civil partner, the entire estate goes to the children. If there are no children, it passes to parents, then siblings, then half-siblings, then grandparents, then uncles and aunts. If none of these relatives exist, the estate passes to the Crown.

Importantly, unmarried partners have no automatic right to inherit under the intestacy rules, regardless of how long they have been together. Similarly, stepchildren do not inherit unless they were legally adopted. If you are an unmarried partner or stepchild who has been left out, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but you will need legal advice to do this.

These rules cannot be changed by the family. If the deceased wanted their estate to be distributed differently, they needed a valid will in place before they died.