What is Probate?
Understanding Probate: What Happens, What to Expect, and Where to Start
When someone dies, everything can feel unfamiliar very quickly. Alongside the emotional impact, there are often practical questions that need to be answered. Many people find themselves trying to make sense of what needs to happen
while still processing what has happened.
For most families, this is not something they have dealt with before. It is completely normal
to feel unsure where to begin or how the process fits together. At Burt Brill and Cardens, we support individuals and families through this stage with clear and thoughtful guidance. While every situation is different, there are certain questions that
come up time and again. Understanding these can help bring a sense of direction at what can otherwise feel overwhelming.
What Is Probate?
Probate is the legal process of dealing with someone’s estate after they have died. In simple terms, it gives the person responsible, often a family member or executor, the authority to manage what the person owned, deal with any debts, and pass assets on to
the right people.
Not every estate requires probate, but where it does apply, it forms part of the wider process of putting someone’s affairs in order.
What Needs to Happen When Someone Dies
One of the first questions people ask is simply what they need to do, and in what order. In the early days, there are some immediate steps to take, but there is no expectation to understand everything all at once.
“In the early stages, it is not about having all the answers,” explains Stephanie Batts, Head of Probate. “It is about taking things step by step and knowing that there is a process to follow.”
For many people, the first steps are practical. This may include confirming whether a Will exists, registering the death and making arrangements for the funeral. There may also be people and organisations who need to be informed.
If it would help to see those early steps set out more clearly, you can follow a step by step guide to what to do when someone dies (Step 1 to Step 5 overview page), which brings together each stage in a straightforward way.
Within that, you might find yourself focusing on one step at a time. Some families begin by needing to establish whether a Will exists (Step 1), while others are focused on registering the death (Step 2) or arranging the funeral (Step 3).
There is no single way to approach this. What matters is having a sense of what needs to happen, and knowing that you can take each step as it comes.
Do You Always Need Probate When Someone Dies?
As things begin to settle slightly, many people start to wonder whether probate is something they will need to deal with.
It is a common assumption that probate is always required, but that is not necessarily the
case. Whether probate is needed often depends on how assets are owned. In some situations, assets pass automatically to a surviving partner. In others, particularly where property is involved, probate is required before anything can be dealt with.
Where property is owned solely in the name of the person who has died, probate is usually required before it can be sold or transferred. Some banks and financial institutions may release funds without probate, depending on the value of the account and their individual thresholds.
You may find that probate becomes relevant when you reach the stage of dealing with the estate itself, which is often introduced as part of the wider probate process (Step 5). For many families, this is the point where things begin to feel a little clearer, as the
structure of the process starts to take shape. If you would like to understand this more fully, you can read about whether probate is always needed when someone dies.
How Long Does Probate Take in England and Wales?
If probate is required, it is very natural to start wondering how long everything will take. For many people, this is not just a practical question. It is about wanting some sense of how long things might feel uncertain.
“Each estate is different,” says Stephanie Batts. “Some can be dealt with relatively quickly,
while others take longer depending on what is involved.”
Often, the timing of probate is shaped by what has already happened. Before anything can move forward, certain steps need to be completed, such as confirming whether there is a Will and ensuring the death has been registered. As the process continues, other factors may come into play. There may be property to deal with, financial matters to resolve or information that needs to be gathered. The time it takes can also be affected by HMRC processes where inheritance tax is involved.
It can help to understand that delays are not unusual, and they are often linked to the nature of the estate rather than anything going wrong. If you would like a clearer picture of what affects timing, you can read more about how long probate takes in England and Wales.
What Does an Executor Actually Have to Do?
For those who have been named as an executor, there is often a sense of responsibility that comes with the role. It is very common to feel unsure about what is involved or whether you will be able to manage everything properly.
The role tends to unfold gradually. At first, it may involve practical steps such as locating documents or making sure the right
people have been informed. Over time, it becomes more focused on understanding the estate and, where necessary, moving forward with probate.
You might find that you are moving between steps, perhaps returning to confirm whether a Will exists (Step 1) or ensuring that those who need to be informed (Step 4) have been contacted, before progressing further. Executors are responsible for ensuring the estate is dealt with properly, although many choose to seek professional support to help manage the process. Many executors find that things begin to feel more manageable once they understand that the role is about overseeing the process, rather than having to manage every detail alone.
If you would like a clearer explanation of what the role involves, you can read more about what an executor actually has to do here.
A Sense of the Whole Process
One of the reasons this can feel overwhelming is that it is not just one question that needs answering. It is often several things happening at once, or one after another, without it always being clear how they relate.
For many families, it begins with immediate practical steps, such as registering the death or arranging the funeral. From there, attention gradually shifts towards understanding the estate and deciding what needs to happen next. At some point, probate may become part of that process. In other situations, it may not be needed at all. Seeing it as something that unfolds gradually, rather than something that needs to be understood all at once, can make it feel more manageable.
A Personal Approach at an Important Time
Seeking legal advice at a time like this is not just about understanding the law. It is about feeling supported and knowing that someone is guiding you through what needs to happen. At Burt Brill and Cardens, we work closely with individuals and families to provide advice that is clear, considered and sensitive to the situation.
Clients work directly with a named solicitor who remains involved throughout. This means that advice is not only consistent, but also based on a real understanding of the circumstances. Our aim is to explain things in a way that feels calm and manageable, and to be there to answer questions as they arise.
Moving Forward, One Step at a Time
If you are dealing with the estate of someone who has died, it is entirely natural to feel unsure about what comes next.
There is a process to follow, but it does not need to be approached all at once. Taking things step by step, with the right guidance, can make it feel far more manageable.
Whether you are at the very beginning or partway through, having a clearer sense of the next step can make a meaningful difference. If you would like to speak with someone about your situation, our team can provide clear and practical guidance tailored to you.
For further information or to arrange a conversation, please contact us.
