What happens after probate is granted?
If you’ve submitted a probate application, you’ll likely have some questions about what happens after probate is granted. This process can be daunting, and the number of tasks you need to complete may seem overwhelming. That’s why we’ve created this helpful guide to highlight the next steps and tasks you may need to consider.
The probate application is submitted online or by post by the Personal Representative(s) or a legal representative working on their behalf. The Personal Representative will be an Executor if there is a Will or an Administrator if your loved one did not leave behind a Will. If you haven’t already applied for probate, you can check whether probate is required and find out how to apply.
Once probate is granted by HM Courts and Tribunals Service, the Personal Representative (PR) named on the Grant can deal with the money, property, and possessions of the person who has passed away. This is referred to as their ‘estate’ and the process of administering it is called ‘estate administration’. This can include closing a bank account, cashing in insurance or pension lump sums, and selling or transferring property. Essentially, the Grant of Probate allows the PRs to legally distribute what is named in the Will to the beneficiaries.
What needs to be completed once probate is granted?
There are a number of tasks that may need to be completed in the estate administration process, but they can often be completed before the Grant is issued. These may include registering the death, arranging the funeral, arranging clearance of the property, valuing the assets and debts, postal redirection, contacting utility companies, sourcing specialist buildings insurance, and obtaining property and contents valuations.
Once probate has been granted, the following tasks may need to be completed, depending on the makeup and value of the estate. You may not need to complete all of these tasks, and find that you need to complete additional tasks too:
- Close bank or building society accounts
- Sell or transfer the property
- Cash in insurance and pension policies
- Complete tax work
Tax work could cover Inheritance Tax, Income Tax, and/or Capital Gains Tax. If required, you must complete the relevant Inheritance Tax (IHT) forms, calculate any IHT, and ensure it is paid within HMRC guidelines.
You may also need to complete Income Tax work for the year of death and for the period since their passing, as well as review the estate for Capital Gains Tax.
- Sell or transfer shares
- Set up any Trusts outlined in the Will
- Settle all debts and liabilities
Debts and liabilities should be dealt with before you distribute funds to beneficiaries. This could include paying off any debts, such as a mortgage, credit card, car finance, loans, etc.
Sell or transfer property
If the person who has died owned property, you will need to arrange to transfer the property into the name of the beneficiary(s) or arrange the sale of the property.
Distribute inheritance to the beneficiaries
This needs to follow what is outlined in the Will if there is one, or according to the rules of intestacy if there isn’t a Will. The rules of intestacy outline what relatives are legally entitled to inherit. Read more about the rules of intestacy.
Produce estate accounts
You will need to produce a set of estate accounts to confirm the values of assets and debts as of the date of death, any income received, and the amounts paid or transferred to the beneficiaries.
Several other tasks may need to be completed in the estate administration process, but they can often be completed before the Grant is issued. These include:
- Registering the death;
- Arranging the funeral;
- Arranging clearance of the property;
- Valuing the assets and debts;
- Postal redirection;
- Contacting utility companies;
- Sourcing specialist buildings insurance;
- Obtaining property and contents valuations.
What happens after probate is granted if there is no Will?
If there isn’t a Will, additional work may be required to identify who is legally entitled to inherit. This could include tracing the family tree to ensure the correct people inherit, or tracing missing beneficiaries if the person who died lost contact with relatives. Even if you believe you have a clear picture of the family, it is still advisable to professionally verify the family tree. Find out more about who inherits if there is no Will.