WHAT HAPPENS WHEN PROBATE IS GRANTED
Receiving the grant of probate is an important milestone. However, it’s only the beginning of the estate administration process. From this point, you’ll be in charge of managing the estate, paying any debts and taxes, and eventually distributing assets to the beneficiaries.
In this guide, we’ll walk you through what happens after probate is granted. Explore the first steps you should take, how to handle assets and debts and what to do if unexpected issues arise.
A grant of probate gives you the formal legal authority to manage the deceased's estate. With it, you can access bank accounts, sell or transfer properties, collect shares and pensions and pay off debts owed by the estate.
If there is a valid will naming you as executor, you may be able to begin some preliminary tasks before the grant is issued. However, in cases of intestacy or where a will doesn't name executors, the grant is what provides your legal authority to act.
Explore how to apply for probate in our guide.
Getting probate is a big step, but your work as executor starts now. The first job is to make sure the estate is safe and organised before you deal with debts or share assets.
Here’s what to do first:
Once you’ve completed each step, you can start settling debts and distributing assets to beneficiaries.
By the time probate is granted, you should already have a full list of everything the person owned and their values, as this information is required for the probate application itself. This includes money in bank accounts, property, investments and personal items.
Now that you have the grant, you can use it to formally collect these assets. Contact banks, pension providers and investment companies with a copy of the grant of probate to access and transfer funds or close accounts as needed.
To access a deceased person's bank accounts, you'll need these documents:
Some banks may ask for extra documents, so it's a good idea to confirm what's required before visiting a branch.
Before an executor can start distributing assets according to a will, they must pay off any debts and taxes from the estate. These include:
Learn more about what happens to debt when someone dies in our guide.
Once probate is granted and all debts are paid, you can sell assets as the executor. This includes property. You can ask an estate agent to value the house and put it on the market.
You can list a property before probate is granted, but the sale can only be completed after you receive it.
As an executor, you must sell at the open market value. If you sell for less, you need to have consent from the beneficiaries to do so. If you don’t, you may need to personally pay them the difference. Selling for less than the open market value may also mean you need to declare the undervalue to the relevant tax authorities.
If there are any disputes or unexpected claims after a grant of probate, you should remain neutral and seek specialist legal advice. At this point, it’s best to stop distributing assets until the claim or dispute has been resolved.
As an executor, you need to keep clear records of everything you do. This protects you and makes it easier to show how you managed the estate if anyone asks.
Keep track of:
You can only start sharing assets after all debts and taxes are paid. This makes sure the estate is settled and avoids problems later.
Sometimes, you can make a partial distribution if the estate has enough funds. This means giving beneficiaries part of their share early. But keep enough money aside for any bills or taxes that might come up.
When you distribute assets, follow the will exactly. If there is no will, you should follow the intestacy rules. Keep records of what you pay and to whom. This shows fairness and protects you if questions arise.
Many estates are settled within six to 12 months, but the time can vary based on complexity.
Simple estates with few assets may be finished in a few months. If a property needs to be sold, tax issues arise or beneficiaries disagree, delays can happen.
Larger estates, or those with overseas property or business interests, may take a year or in some cases, many years. Keeping clear records and acting quickly can help speed things up.
Finding a will after probate has been granted can change everything. If the new will is valid, the grant of probate may need to be cancelled and replaced. This means you must stop any work on the estate straight away.
Contact the Probate Registry as soon as possible and explain what has happened. They will tell you what steps to take. You may also need legal advice, especially if assets have already been distributed. Acting quickly helps avoid disputes and makes sure the estate is handled correctly.
Whether you have questions about probate or just want to find out more, the expert team are on hand to help.
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