Losing someone you love is profoundly difficult, and the practicalities that follow can feel overwhelming. From managing their estate to understanding legal obligations, it can be hard to know where to start. This guide outlines the key steps in the probate process and offers practical advice to help you navigate this challenging time with clarity and care.

1. Take a moment to grieve

The first and most important step is to acknowledge your loss. Probate and estate administration can wait until you are able to make decisions calmly. Enlist the support of trusted family, friends, or professionals to help share responsibilities and reduce immediate pressure.

2. Check if there is a will

A will provides clear guidance on how the deceased wished their estate to be handled. If a will exists, it names an executor — the person responsible for managing the estate, paying debts, and distributing assets. If there is no will, the estate is considered “intestate,” and rules set out by law determine who inherits. Both scenarios can be complex, and professional advice is often beneficial.

3. Apply for a Grant of Probate

The Grant of Probate is the legal document that gives the executor authority to manage the estate. Your solicitor can help you prepare the application, ensuring all necessary forms and documents are submitted correctly. If the estate is intestate, a similar document called a “Letters of Administration” is required. Obtaining the grant is a crucial step before any property can be sold, bank accounts accessed, or assets transferred.

4. Gather and value assets

Once you have legal authority, the next step is to identify and value all assets belonging to the deceased. This includes property, bank accounts, investments, pensions, and personal belongings. Accurate valuations are essential for paying inheritance tax, if applicable, and ensuring fair distribution.

5. Pay debts and taxes

Before assets can be distributed to beneficiaries, any outstanding debts must be settled. This includes mortgages, loans, credit cards, and funeral expenses. Inheritance Tax may also be due, and filing requirements must be met on time. Your solicitor can provide guidance to ensure compliance and avoid penalties.

6. Distribute the estate

After debts and taxes are handled, the remaining assets can be distributed according to the will or the rules of intestacy. Executors are responsible for making sure beneficiaries receive their entitlement accurately. Clear record-keeping is essential, especially in larger or more complex estates, to prevent disputes or misunderstandings.

7. Seek professional guidance

Probate can be a lengthy and emotionally taxing process, particularly when estates are complex or beneficiaries live in different locations. Solicitors provide vital support, helping you navigate legal obligations, manage communications, and handle property and financial matters efficiently. Professional advice ensures that the estate is administered properly and that the wishes of your loved one are respected.

You are not alone

Managing the estate of a loved one while grieving can feel overwhelming, but support is available. At O’Hara Solicitors, our probate team helps families through every step, from securing the Grant of Probate to final distribution. We focus on practical, compassionate guidance, helping you make informed decisions while relieving unnecessary stress.

Losing someone is never easy, but with careful planning and professional support, the practical process that follows can be handled with care and clarity.