
Updated September 2026 | England and Wales
When someone close to you dies, even
ordinary tasks can feel difficult. Being told that you are an executor, or that
you may need probate, can leave you wondering where to start.
You do not need to understand the whole
process today. Begin with the immediate arrangements, establish whether there
is a Will, and get help with the responsibilities ahead.
If you would like professional support, contact Fern Wills & LPAs for an
introduction. Whether or not we prepared the Will, we can
introduce you to an appropriate probate or estate administration specialist.
These practical steps apply whether a Will
has been found or not. Family members can often help with the immediate
arrangements.
Register
the death. The medical examiner’s office will
explain when you can register it. You normally need to do so within five days
of receiving that confirmation, including weekends and bank holidays. If a
coroner is involved, follow the instructions you are given. The GOV.UK registration guidance explains
where to start.
Ask
about death certificates and Tell Us Once. The
register office can explain how to obtain official copies of the death
certificate and access Tell Us Once, which informs participating government
organisations. Banks, insurers, utility companies and other private
organisations still need to be told separately.
Make
the funeral arrangements. Check for funeral wishes
or an existing funeral plan and speak to a funeral director. If paying for the
funeral is a concern, ask the deceased’s bank whether it can pay the funeral
invoice directly from their account.
Protect
the home and important documents. Secure keys,
paperwork and valuables. Make arrangements for anyone who depended on the
person who died, including pets. If a property will be empty, contact the
insurer promptly about its requirements.
Keep
a simple record. A folder or notebook for letters,
receipts, calls and reference numbers is enough to get started.
Do not use the deceased’s sole-account bank
card or online banking, even if you know the details. Avoid giving away money
or possessions until the person dealing with the estate has established what
can safely be distributed.
The Will helps establish who has been
appointed to deal with the estate and who should inherit. The estate means the
property, money and possessions left by the person who died.
Look for the signed original and any later
Will or formal amendments, called codicils. Keep everything safe. Do not write
on the Will or remove its staples or bindings. If its history or condition may
matter, make a brief separate note of where it was found, who found it and who
now holds it.
The people appointed to deal with the
estate are called executors. Those who inherit are called beneficiaries.
Someone can be both, but holding the Will or being the main beneficiary does
not automatically put someone in charge.
If several executors are named, they should
discuss how the work will be handled. If an executor has died, cannot act,
cannot be contacted or disagrees with the others, a specialist can establish
the appropriate route. If you are unsure whether you want to act, get advice
before taking on the administration or signing away your role.
If Fern prepared the Will, let us know that
the person has died.
Check personal papers, document folders and
correspondence from solicitors, Will writers or storage providers. Ask close
family whether they know where it was kept.
A copy may identify the person who prepared
it or provide clues about the original’s location. Keep it.
Not finding a Will immediately does not
mean there is no Will. If the original remains missing, a specialist can advise
on further searches and what the available evidence means.
The intestacy rules determine who inherits,
and legal priority rules determine who can deal with the estate. The person
dealing with it is usually called an administrator.
Being the most willing family member does
not automatically give someone authority to act. Unmarried partners and
stepchildren who have not been legally adopted by the deceased do not
automatically inherit under the intestacy rules.
Get help establishing the correct position
before making promises about anyone’s inheritance.
An executor is responsible for dealing with
the estate in accordance with the Will and the law.
That generally involves identifying and
protecting assets, establishing their value, dealing with debts and tax,
keeping estate accounts, and passing the remaining estate to the beneficiaries.
Applying for probate may be one part of that work.
You do not have to know how to do all of
this already. Professional support can cover particular tasks or a much wider
part of the administration. Executors who appoint a specialist still retain
responsibilities, so the division of work should be clear.
A trust means that trustees hold and manage
money or property for the people or purposes set out in the Will. For example,
someone may have a right to live in a home, or an inheritance may be held for a
child.
Executors and trustees must bring the trust
into operation during the estate administration. The assets concerned may need
to stay in trust, and trustees may have continuing responsibilities after the
rest of the estate has been dealt with. Ask a specialist to explain the terms
and any property, tax or registration work before treating those assets as an
immediate inheritance to hand over.
No. Having a Will, or being named as
executor, does not automatically mean a probate application is required.
A grant of probate is the official document
confirming an executor’s authority to administer the estate. Where there is no
Will, the corresponding grant is usually called letters of administration.
Whether a grant is needed depends on the
assets, how they were owned and the requirements of the organisations involved.
For example, a home owned solely by the
person who died will normally require a grant before it can be sold or
transferred. Jointly owned assets may be treated differently, and banks have
their own requirements for releasing money. If there is a house to sell, our guide to
selling a house after probate covers that particular question.
An estate can need probate even when no
Inheritance Tax is payable. Being both an executor and a beneficiary does not
remove that requirement.
A specialist can establish whether a grant
is needed and explain the next steps. Obtaining the grant and completing the
estate administration are different stages.
You may want help because the estate has
complicated features. You may also simply feel overwhelmed, lack confidence
with paperwork, or have limited time.
There are two broad options to discuss with
the specialist.
Help
with particular tasks. You remain involved and
instruct a professional to handle agreed parts of the work, such as the probate
application.
Help
with the whole estate. You ask for broader support
with assets, debts, tax, estate accounts and distribution, with the scope
agreed at the outset.
Our Probate and
Executor Support guide explains these options further. You can
also contact Fern directly without reading another article first.
Missing Wills, trusts, overseas assets,
significant lifetime gifts or concerns about debts are reasons to seek advice
early. You do not need to investigate everything yourself before asking for
help.
If you are considering challenging a Will
or your inheritance, see Can You Contest a Will? If
you are responding to a brother’s or sister’s challenge, see what happens
when a sibling contests a parent’s Will.
For concerns about executor delays, missing
assets or unexplained accounts, contact Fern
for an appropriate specialist introduction. A formal claim or
deadline needs prompt specialist advice.
If a beneficiary simply wants to redirect
some of their inheritance by agreement, that is a different question. Our Deeds of
Variation guide explains the option. Take advice before giving
the inheritance away.
Probate and estate administration costs are
usually paid from the estate, provided sufficient funds are available.
Some fees or expenses may be payable
upfront. Other charges may be payable from estate funds when those funds become
available. The specialist will explain their fees, payment terms and what is
included before you decide whether to instruct them.
If the estate mainly consists of a
property, or you have little money available personally, mention this at the
start. Do not assume that payment can always wait until a property is sold.
If you would like support, contact Fern Wills & LPAsand ask for a probate or executor-support introduction.
Tell us briefly:
· Your name and how to contact
you.
· Whether a Will has been found
and whether you are an executor.
· Whether there is a property.
· What you would like help with,
including anything urgent.
You do not need every answer before getting
in touch.
Fern arranges the introduction. The
specialist advises on the estate, explains the available service and agrees
their terms directly with you. You remain free to choose your own adviser.
Where an introduction involves a referral
payment to Fern, the specialist pays it. This does not increase the fees you
pay. They will explain the arrangement before you decide to proceed.
An inheritance received or expected can
change what you own and what you want to happen to it. A bereavement may also
prompt you to reconsider your beneficiaries or the people you have chosen as
executors.
Once probate or estate administration is
underway, you can ask Fern to contact you by telephone or email in about three
months to review your own Will. You can request this when arranging the
introduction.
That gives you a planned opportunity to
consider your own arrangements after the immediate priorities. It does not
assume that the estate will be finished within three months.
A review does not necessarily mean you need
a new Will. It helps establish whether your existing arrangements still reflect
your circumstances and wishes.
Ask Fern about a Will review and a
three-month follow-up, or read about our Will & LPA
MOT.
This article provides general information
for England and Wales. Advice about the particular estate should come from the
professional instructed to assist with it.