Last updated- April 2026- England & Wales
A practical first-steps guide for family, friends, executors and would-be administrators in England and Wales.
If someone has just died, you may not yet know whether there is a Will, whether probate will be needed, or even whether you are the right person to deal with the estate. This page is here to help you get your bearings, avoid a few common mistakes, and work out the next sensible step.
Many people only contact us once things are already becoming messy: the Will cannot be found, no Will was made, nobody is sure who has authority, or the paperwork is becoming overwhelming. This guide is here to help before that happens.
This is general information only. It is not a full probate guide or personal legal advice.
It is easy to feel that everything has to be done immediately. It does not. The first job is to get organised, protect the estate, and work out who actually has authority to act.
If the signed original Will has been found, that is a strong start.
Your next priorities are usually:
Even with a Will, things can still become time-consuming where there is property, inheritance tax paperwork, several institutions to deal with, pressure on the executor’s time, or family tension.
If you want help with some or all of the administration while still staying in control, see our Probate (Executor Support).
This is one of the most common ways an estate becomes delayed, more stressful, and more expensive than the family expected.GOV.UK says the original Will is needed for the probate application and a photocopy cannot normally be used instead. If the original has been lost, extra evidence may be needed and form PA13 may apply for some applicants. That can be manageable, but it is not something families usually want to discover at the worst possible time. If you think there is a Will but you cannot find it, try this first:
If you have searched the house, asked the family, and still cannot find the signed original, contact us before anyone assumes the estate must simply be handled as though there were no Will.
This is exactly the sort of situation where Probate (Executor Support) can save time, reduce guesswork, and help you take the next step properly.
If no Will has been found, the estate may need to be handled under the intestacy rules.
That does not mean the most organised person can simply step in.
Where there is no Will, the person with priority normally applies to become the administrator of the estate. In many families, that will be the spouse or civil partner first, followed by adult children. A friend, sibling or neighbour may be very helpful in practice, but that does not automatically mean they have priority to apply. Your first priorities are usually:
If you are not sure who has priority, or the people with priority do not feel able to deal with things properly, contact us before assumptions harden into mistakes.
If the estate already feels daunting, see our Probate (Executor Support).
You do not always need paid support. Some very small or simple estates can be handled personally.
Support is often most useful where there is:
If that sounds familiar, Probate (Executor Support) may be the sensible middle ground.
Tell Us Once does not notify banks, mortgage lenders, insurers, utility providers or most private pension schemes for you. Those still need separate contact. Banks usually freeze sole accounts once they are told about the death. It is not a good idea to use the deceased’s debit card or online banking even if you know the details. In some cases, a bank may pay funeral costs directly from the deceased’s account if given the death certificate and the funeral invoice.
If you are facing a missing Will, no Will, uncertainty, pressure, property, paperwork or family complications, you do not have to carry the whole process alone.
See Probate (Executor Support) for practical step-by-step help while you stay in control.
You may also find these helpful:
Many families only discover the weakness in an estate plan when someone dies and the original Will cannot be found.
Having a Will is not enough. It also needs to be current, signed properly, and actually findable when your family needs it.GOV.UK requires the original Will for the probate application. A photocopy cannot normally be used in the usual way. If the original has been lost, extra evidence may be needed, which can add delay, stress and cost at exactly the wrong time. Once this immediate situation is under control, make sure your own affairs are easier for your family:
Fern can store original Wills and related documents even if they were not written by us. See Document Storage for more. If you also want a practical review of whether your documents are still fit for purpose, see our Will & LPA MOT