Probate, made simple.
When someone dies, their estate - their money, property, accounts and possessions - has to be settled. Probate is the legal permission to do that. Here's what it means, who carries it out, and where the time really goes.
What is probate?
Probate is the legal right to deal with someone's estate after they die. The official document that grants it is called a grant of probate (or, where there's no will, "letters of administration").
Banks, pension providers and the Land Registry usually won't release money or transfer property until they've seen that grant. So before anything can be shared out or settled, someone has to apply for it - and gather the full picture of what the person owned and owed.
When probate is needed
Usually when there's property, or larger sums held by banks and pension providers. Smaller, simpler estates sometimes don't need it.
If there's no will
The estate is shared out under fixed legal rules, and the closest relative usually applies to administer it instead of an executor.
What does an executor actually do?
An executor is the person named in the will to carry out someone's wishes. It's usually a husband, wife, son or daughter - rarely a lawyer, and rarely someone who has done it before.
The role is bigger than most people expect. The executor has to find and value everything in the estate, apply for probate, pay any tax and debts, then share out what's left - keeping careful records throughout, and personally responsible for getting it right. It often runs alongside grief, and a full-time job, and a family.
Most of the difficulty isn't legal. It's practical: knowing what exists in the first place. Which banks? Which pensions? What's that subscription still taking £40 a month? Where are the passwords, the policies, the deeds?
The steps an executor must complete.
Every estate is different, but the journey is usually the same. These are the steps, in order.
Register the death
Within five days. You'll be given documents you'll need again and again, so order several copies.
Find the will and the assets
Locate the will, then identify everything the person owned and owed - accounts, property, pensions, debts.
Value the estate
Add up the property, savings, investments and possessions, and subtract the debts, to reach a total.
Apply for the grant of probate
The legal document that proves you have authority to act on behalf of the estate.
Pay any inheritance tax
Often due before probate is granted - which can mean finding the money early.
Collect in the estate
Close accounts, cancel subscriptions, sell or transfer property, and settle outstanding debts.
Share out what's left
Distribute the estate to the people named in the will, and keep clear records of everything you did.
Where the time really goes.
The legal steps are rarely what hold things up. It's the detective work - and almost all of it could be avoided if the information had been gathered in advance.
Billions of pounds
sit in lost or forgotten accounts, pensions and policies across the UK
An executor can only settle what they can find.
Dormant bank accounts, old workplace pensions, small insurance policies and shareholdings regularly go unclaimed - not because anyone hid them, but because the family simply never knew they existed, and there's no single place to look. When an asset isn't declared, it can quietly stay lost for good. A plan written down in advance means nothing of value slips through the cracks.
The list, already written - by the one person who could.
Steps two and three are where families lose months. Wiseplan is that guide to the estate, gathered calmly in advance, ready to hand over the moment it's needed.
Without Wiseplan
- Phoning round banks to ask if the person held an account
- Sifting drawers, lofts and inboxes for paperwork
- Subscriptions quietly taking payments for months
- Guessing at wishes that were never written down
With Wiseplan
- Every account, asset and policy listed in one place
- Documents and details attached and ready
- A probate-ready pack to hand to the solicitor
- Wishes and letters, in their own words
Probate questions people ask first.
Is probate always needed?
Not always. Smaller or simpler estates - particularly where assets were jointly owned and pass automatically to a partner - may not need a grant of probate. Where there's property in a sole name, or larger sums held by banks and pension providers, it usually is required.
Can I refuse to be an executor?
Yes. Being named in a will doesn't oblige you to act. You can step aside (known as "renouncing"), provided you haven't already started dealing with the estate. You can also appoint a solicitor to do the heavy lifting on your behalf.
Do I need a solicitor?
Not necessarily. Many people handle probate themselves, especially for straightforward estates. A solicitor is worth considering where the estate is large, complex, disputed, or involves inheritance tax. Either way, having the full picture gathered in advance saves time and cost.
How much does probate cost?
There's a fixed application fee for the grant itself, plus the cost of extra copies. Solicitors' fees, where used, vary widely - sometimes a fixed price, sometimes a percentage of the estate. Scattered records tend to push every one of those costs up.
Make it easier for the people you love.
Wiseplan gathers everything an executor needs, before it's needed. Join the waitlist and we'll invite you in as we open.
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