When Someone Dies: What Families Need to Know About Probate

When someone close to you dies, dealing with legal paperwork is often the last thing you want to think about. One of the first questions families ask is: “Do we need probate?” This short guide explains what probate is, when it is needed, and how we can help.

Probate is the legal process that allows someone to deal with a person’s estate after death. The “estate” includes property, money, investments, personal belongings, and any debts.

• If there is a Will, the executors apply for a Grant of Probate
• If there is no Will, close relatives apply for Letters of Administration

The grant gives authority to collect the assets, pay any debts, and distribute the estate.

No, not all estates need probate. 

You may not need probate if:

• Assets were owned jointly and pass automatically to a surviving owner.
• The estate is small and the financial institutions will release funds without a grant.

Probate is usually required if:

• The deceased owned property in their sole name.
• There are substantial savings, investments, or shares.

We can quickly confirm whether probate is needed in your circumstances. Whilst it isn’t always a legal requirement, obtaining a Grant of Probate is generally considered best practice when dealing with an estate. It gives the executors clear legal authority to act, helps banks and other organisations feel confident dealing with them, and reduces the risk of disputes or personal liability. Overall, a Grant of Probate brings clarity, security and peace of mind at what can already be a difficult time.

Most estates follow these steps:

• Registering the death.
• Identifying assets and liabilities.
• Dealing with Inheritance Tax (if applicable).
• Applying for the grant.
• Collecting assets and distributing the estate.

While this sounds straightforward, the paperwork and legal responsibilities can be demanding, particularly at an emotional time and especially if there are tax consequences.

This question is akin to “how long is a piece of string?”. Timescales can vary massively. Simple estates may take a few months whilst larger estates can take much longer, especially where there are complex financial assets, property or tax issues involved.

Many executors are concerned about the responsibility that comes with dealing with an estate. Probate can involve detailed paperwork, deadlines, and formal dealings with HM Revenue & Customs, banks, and other institutions. It is not unusual for people to worry about getting things wrong, missing something important, or having personal responsibility if mistakes are made. 

You are not required to instruct a solicitor, and some estates can be dealt with without professional help. However, many families choose to involve a solicitor to ensure the estate is administered correctly and to reduce the stress and administrative responsibility at what is often a difficult time. 

You can instruct a solicitor to either deal with the entire probate process or to support you with specific parts of it. The cost is normally paid from the estate, rather than from the executor personally. 

At Thomas Flavell & Sons Solicitors, we help families through the probate process with clear, practical advice and a calm, supportive approach. If you would like to talk through your situation or would simply like some guidance on what needs to be done next, our experienced Private Client Team is here to help.