Probate involves administering the deceased person’s estate, and is the process by which the executor/ administrator deals with all of the deceased person’s affairs. Before distributing the estate to the beneficiaries, they need to settle any debts, pay inheritance tax (payable if the estate’s value is above a certain amount), close accounts (like bank accounts), sell or transfer any properties and generally notify those who need to know that the person has died.

Each estate can vary hugely, so it can be difficult to say that probate takes x amount of time. However, as a rule of thumb, a straightforward estate can take up to six months, and those with more complicated affairs can take considerably longer.

The best place to start is by checking to see if the deceased made a Will. This will tell you if they wanted their assets to go to particular people and will also say who they want to deal with it (the executors). This might also help you to identify what the deceased owned. If there is a Will, you can begin to identify the assets and who the deceased wanted to leave them to. If there isn’t a Will, you will need to find out who the living family members are as they are the ones who will end up receiving the assets. In the meantime, you can access the Government’s ‘Tell Us Once’ service which lets you report the death of a loved one to most government organisations in one go.

When writing a Will, you will be asked to name at least one executor. You can choose anyone you like, but should consider someone close to you who you trust who either has good knowledge of your affairs, or who you’re happy to divulge your affairs to. 

It’s not a legal requirement to have a Will, but dying without one in place means you die ‘intestate’.Under the rules of intestacy, the estate is distributed to members of the deceased’s family in a pre-determined order of entitlement.

Ultimately, if a person dies intestate and no relatives can be found, their estate passes to the Crown (effectively the Government), in a process called bona vacantia. Dying intestate makes the administration of the process of the division of the estate slower and more complex. It is estimated that more than fifty percent of all people do not have a will.

If there isn’t a Will, or the named executor on a will does not want to take on the task, an administrator will apply for probate. This will often be the deceased person’s spouse, civil partner or child.

If you can’t find a copy of your Will, you should contact the solicitor who drew the Will up for you and they will be able to guide you.

If you think the deceased might have made a Will, then a notice can be placed in local newspapers to check if any local probate practitioners, Willwriters or solicitors are holding a copy. You can also check with Certainty who are building up a database of registered Wills.

Whatever role you have in the probate process, the important thing is to make sure you understand what you are signing or being told. If you don’t understand, be sure to ask your lawyer to explain it for you – it is their job to help you. You can find a Probate Practitioner regulated by the CLC, the Regulator of Property and Probate Lawyers here.