As winter takes hold, seasonal illnesses such as influenza once again become an unwelcome but familiar part of life. Each year, the winter flu places added pressure on families, the NHS, and workplaces alike, often emerging abruptly and disrupting daily routines. While most people recover within a few weeks, the colder months also remind us of how vulnerable we can be to unexpected events, and how swiftly circumstances can change.
It is often during these quieter, darker months that people turn their attention to planning ahead, thinking about preparedness, and putting practical arrangements in place to safeguard loved ones should the unforeseen occur. For families coping with bereavement, this period can be especially difficult.
Alongside the emotional impact of loss, important legal and administrative matters must also be dealt with – one of the most significant being the probate process.
First, what is Probate?
In England, probate is the legal procedure through which a deceased person’s estate is administered. It ensures that assets are collected, outstanding debts and taxes are settled, and the remainder of the estate is distributed in accordance with the will or, if there is no will, the rules of intestacy.
Gaining a clear understanding of how probate works – and recognising when professional legal guidance may be helpful – can provide families with reassurance and clarity during what is often an incredibly challenging time.
What steps should you take after someone has passed away?
The first actions are to register the death, obtain the official death certificate, and make the necessary funeral arrangements.
If the deceased left a valid will, the executor named in it can apply for probate and is authorised to act from the date of death. Where there is no valid will, the process becomes more complex. In such cases, family members must apply to the Probate Registry for a grant of letters of administration, which provides the legal authority to manage and distribute the estate.
Executors or administrators must then identify all assets and liabilities and establish the value of the estate. This may include checking bank accounts, valuables, and property valuations, as well as confirming any outstanding debts such as credit card balances.
If the total value of the estate exceeds the nil-rate band (£325,000 for the 2025/26 tax year), the executor or administrator must submit a full account to HMRC detailing the estate and pay any inheritance tax due.
They will then need to apply for a grant of representation, which may be a grant of probate or a grant of letters of administration.
When is a grant of representation required?
To apply for a grant, you must complete the relevant application form and submit the original death certificate along with the original will. Once the court issues the grant, the executors or administrators are responsible for settling all outstanding debts before distributing the estate to the beneficiaries. If there is a valid will, the estate should be distributed according to the testator’s wishes; if not, it must be administered in accordance with the intestacy rules.
A grant is generally required where the estate includes real property, substantial funds in bank accounts, or investments such as stocks and shares. This is because organisations such as banks, the Land Registry, and investment companies will need to see the original grant before releasing or transferring these assets.
When should inheritance tax be paid?
Inheritance tax must be declared and paid before applying for a grant of representation. HMRC will confirm payment and issue the necessary reference for the application. Executors or administrators should ensure any tax due is settled when submitting the grant application.
Inheritance tax is not simply a charge on property or money left at death. It is based on the “loss to donor” principle, meaning any reduction in the estate’s value—such as gifts—may count as a transfer of value. Chargeable transfers occur on death and can also apply to certain lifetime gifts, though normal family expenses and transactions at full market value are excluded.
The nil‑rate band is the portion of an estate exempt from inheritance tax. For the 2025/26 tax year, this threshold is £325,000. Any amount above this is taxed at 40%, unless reliefs or exemptions apply, such as the residential nil‑rate band
What if my relative passes away without leaving me anything in their will?
A person is free to dispose of their estate as they wish, provided they have testamentary capacity and comply with the legal formalities for making a will. If no will exists, the estate will be distributed under the rules of intestacy.
However, the Inheritance (Provision for Family and Dependants) Act 1975 gives the court power to vary the distribution of an estate to ensure reasonable provision for family members and dependants. The purpose of this legislation is not to compensate disappointed beneficiaries but to meet the genuine needs of those who relied on the deceased.
How much do your change for the application for a grant of probate?
Our fees depend on the complexity of the estate. We charge £300 plus VAT per hour, and overall costs typically start from £3,000 plus VAT. You can view our full price list here.
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