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A Simple Guide to Probate & Executor Responsibilities

Posted: Tuesday, 17 March 2026 @ 12:25

What to Do When a Person Dies

A simple, practical guide to probate and executor responsibilities

When someone dies, the practical tasks that follow can feel overwhelming – especially while you're grieving. This guide explains, in simple terms, what needs to be done, who is responsible, and how probate works. Whether you're an executor named in a Will or a family member helping out, we're here to make this process clearer [citation:6].

What is probate? Probate is the legal process of dealing with someone's estate (their property, money, and possessions) after they've passed away. It involves proving the Will is valid, gathering assets, paying any debts and taxes, and distributing what's left to the beneficiaries [citation:2][citation:5].

Immediate Steps: The First Few Days

1. Get a Medical Certificate

A doctor needs to certify the death and issue a medical certificate of cause of death. If the death occurred in a hospital or care home, staff will usually handle this. If at home, you'll need to contact the GP practice [citation:9].

In most cases, the medical examiner's office will contact you to explain the cause of death and answer any questions [citation:6].

2. Register the Death

In England and Wales, you must register the death within 5 days (including weekends and bank holidays). You'll need to do this in person at a register office – ideally in the area where the person died [citation:6][citation:9].

What to take:

  • The medical certificate of cause of death (in its sealed envelope)
  • Proof of identity (passport, driving licence, recent bills)
  • The person's birth certificate, marriage/civil partnership certificate if available
  • Their NHS number, National Insurance number, and address [citation:9]

What you'll receive:

  • A Certificate for Burial or Cremation ('green form') – free
  • Death certificates – £12.50 each. Buy several copies now – they're much more expensive later [citation:9]

Notifying Government and Other Organisations

3. Use the Tell Us Once Service

When you register the death, the registrar will ask if you want to use the free Tell Us Once service. This notifies multiple government departments in one go, including [citation:3][citation:6]:

  • HMRC (for tax and Child Benefit)
  • DWP (to cancel benefits and State Pension)
  • Passport Office
  • DVLA (to cancel driving licence and vehicle registration)
  • Local council (for council tax, Blue Badge, electoral register)
  • Veterans UK (if applicable)

4. Notify Other Organisations

You'll also need to contact [citation:6][citation:9]:

  • Banks and building societies
  • Employer or business partners
  • Pension providers
  • Insurance companies
  • Utility companies (gas, electricity, water)
  • Credit card companies and lenders
  • Landlord or housing association
  • TV, broadband, and mobile providers

Understanding the Will and Executor's Role

5. Find the Will

Look for the Will among the deceased's paperwork. If you can't find it, you can search the National Will Register (there is a fee). The Will names the executors – the people responsible for administering the estate [citation:9].

Executor's role: Being an executor is a significant responsibility. You must follow the Will's instructions, act in the best interests of beneficiaries, and you can be personally liable if things go wrong [citation:1][citation:7].

6. What If There's No Will?

If someone dies without a Will, they die 'intestate'. The law decides who inherits – usually close relatives in a strict order. In this case, someone must apply to become the 'administrator' and obtain Letters of Administration instead of a Grant of Probate [citation:5][citation:9].

Managing the Estate

7. Value the Estate

You need to identify and value all assets and liabilities [citation:1]:

Assets include:

  • Property and land
  • Bank and building society accounts
  • Investments and shares
  • Pensions (some may be taxable)
  • Life insurance payouts
  • Personal possessions of value
  • Vehicles

Liabilities include:

  • Outstanding mortgages
  • Loans and credit card debts
  • Household bills
  • Funeral costs

Important: Obtain professional valuations, especially for property and valuable items. Inaccurate valuations can affect Inheritance Tax and expose you to personal liability [citation:7][citation:10].

8. Check if Inheritance Tax Is Due

Inheritance Tax is payable if the estate exceeds certain thresholds. The current nil-rate band is £325,000, with amounts above this taxed at 40%. Additional reliefs may apply, such as the Residence Nil-Rate Band if a family home is left to direct descendants [citation:1].

Gifts to spouses and charities are typically exempt. If any tax is due, it must usually be paid before applying for probate [citation:1].

9. Apply for Probate

A Grant of Probate (or Letters of Administration if there's no Will) gives you legal authority to deal with the estate. The application fee is £300 for estates over £5,000, or free for smaller estates. It typically takes around 16 weeks to receive the grant [citation:8].

Some assets (like jointly owned property or joint bank accounts) may pass directly to the surviving owner without needing probate [citation:8].

Property: Special Responsibilities

If the estate includes property, executors have additional duties [citation:10]:

  • Secure the property: Change locks if needed, arrange regular inspections
  • Arrange specialist probate insurance: Standard home insurance usually lapses when a property becomes empty
  • Maintain the property: Regular cleaning, garden care, repairs, winterising pipes
  • Pay ongoing costs: Council tax, utilities, mortgage payments
  • Obtain a RICS valuation: Essential for Inheritance Tax and setting a sale price [citation:10]

If the estate lacks cash to cover these costs, probate loans or estate expense loans may be available [citation:10].

Common Pitfalls to Avoid

  • Using the wrong Will: Ensure you have the most recent valid Will. Check there isn't a later one [citation:7].
  • Invalid Will: Check the Will was properly signed and witnessed. If not, an earlier Will may apply [citation:7].
  • Missing beneficiaries: If a Will leaves gifts to a 'class' (e.g., "my children"), you must locate all of them [citation:7].
  • Mixing estate funds with personal accounts: Always open a separate executor's bank account [citation:7].
  • Missing assets: Small forgotten accounts or digital assets can be overlooked [citation:7].
  • Inaccurate valuations: Outdated estimates can mean beneficiaries miss out [citation:7].
  • Selling property too quickly or cheaply: You must act in beneficiaries' best interests [citation:10].

Distributing the Estate

Once all debts, taxes, and expenses are paid, you can distribute what's left to the beneficiaries according to the Will (or intestacy rules) [citation:1].

Final steps:

  • Prepare detailed estate accounts showing all income, expenses, and distributions
  • Obtain receipts or signed releases from beneficiaries
  • Transfer property or assets (this may require new deeds or Land Registry registration) [citation:10]

Personal liability: Executors can be held personally liable if they distribute incorrectly or before all debts are settled. If in doubt, seek professional advice [citation:1][citation:4].

Getting Help

You don't have to do this alone. Many executors seek professional help, especially for complex estates. Solicitors can handle the entire process for a fixed fee, giving you peace of mind [citation:1][citation:8].

There are also specialist services for probate property management, insurance, and house clearance [citation:4][citation:10].

You're Not Alone

Administering an estate is a big responsibility, especially while grieving. Take it step by step, ask for help when you need it, and remember that professionals are there to support you [citation:6][citation:9].

If you need guidance, IPW members are here to help.

Disclaimer: This guide provides general information for educational purposes. It does not constitute legal advice. Every estate is different, and professional advice tailored to your specific circumstances is essential.