How to Handle Probate: Step-by-Step Estate Guide

• Posted onJanuary 27, 2026

Handling probate after the death of a loved one can be daunting, particularly when legal responsibilities and strict deadlines are involved. From registering the death to distributing the estate, the process must follow specific rules and procedures. This step-by-step guide explains what probate is, when it is required, and how each stage works, helping you understand what to expect and when professional support may be beneficial.

Step 1: Register the Death and Gather Key Documents

The first step is registering the death and obtaining the death certificate. At the appointment to register the death you will be asked about the Tell Us Once service, which allows you to inform all relevant government departments when someone passes away.

You will also need:

• The Will (if there is one)
• Financial statements
• Property details
• Identification for executors/administrators

Step 2: Identify Who is Responsible for Administering the Estate

• If there is a Will, the named executors handle probate.
• If not, the closest relative becomes the administrator.

Executors and administrators have legal duties and can be personally liable for mistakes.

It is very important to try and locate any Will of the deceased, as if there are appointed executors, these are the only people with the legal authority to deal with the probate. If there is no Will, it is very important to be clear who the closest relative is for the same reason.

Step 3: Value the Estate

This includes:

• Property
• Bank accounts
• Investments
• Pensions
• Crypto Assets
• Personal belongings
• Debts and liabilities

Accurate valuations at the date of death are crucial for tax purposes.

Step 4: Submit the Inheritance Tax (IHT) Forms

Depending on the value of the estate, before applying for probate HMRC must receive the correct IHT forms, even if no tax is due. Executors must:

• Calculate IHT
• Claim any allowances (for example the Nil Rate Band, Residence Nil Rate Band)
• Pay tax due before probate is granted (in most cases)

Step 5: Apply for Probate

You apply online or by post through the Probate Registry. Once approved, the court issues either:

• Grant of Probate (if there is a Will);
• Letters of Administration with the Will annexed (where there is a Will but the Executors are not able to apply); or
• Letters of Administration (no Will).

This document gives authority to collect and distribute assets.

Step 6: Collect Assets and Pay Debts

Executors must gather all estate assets and settle:

• Loans
• Credit cards
• Utility bills
• Funeral expenses
• Taxes (including Income Tax and Capital Gains Tax where appropriate).

You should also place statutory notices (also known as section 27 Trustee Act notices) to protect the estate from unknown creditors.

Step 7: Prepare Estate Accounts and Distribute to Beneficiaries

Before distributing funds, executors must:

• Prepare full estate accounts
• Obtain beneficiary approval
• Ensure all liabilities are settled

Only then can the estate be distributed and the administration completed.

Probate Can Be Complex. Getting Professional Support Helps

Probate is time‑consuming, legally technical and carries personal risk for executors. Professional guidance ensures the process runs smoothly, avoids tax mistakes and the payment of unnecessary penalties, and can protect you from liability as an executor. Our Wills, Trusts and Probate team can assist with the entire probate process or provide support with specific stages.

To find out more about professional support in estate administration, please get in touch with our trusted and experienced team using the form on this page. Alternatively, you can call us on 01453 847200.