What Is Probate?
A Practical Guide to Understanding What is Probate and When it May be Necessary After a Death.
When someone dies, their money, property and possessions may need to be dealt with before they can be passed on to the people entitled to inherit. Probate is the legal process that gives an authorised person the right to manage certain aspects of the estate. The process can seem complicated, particularly when you're also making funeral arrangements. However, probate is not required for every estate, and it does not usually need to be completed before a funeral can take place.
​
For information about the broader complexities of managing an estate after a death, please see our main guide linked below.
What Does Probate Mean?
Probate is the legal authority used to deal with someone's estate after their death. In England and Wales, the document issued when an executor applies successfully is called a grant of probate. The grant confirms the executor's authority to deal with the estate. This may include accessing certain bank accounts, managing property and arranging for assets to be passed on to beneficiaries.
​
​If someone dies without a valid will, the person responsible for administering the estate may instead need letters of administration. The process is similar, but the legal authority and who can apply differ.
When Is Probate Necessary?
Probate is not automatically required whenever someone dies. Whether it is needed depends on the assets involved and the requirements of the organisations holding them.
​
For example, probate may be required when:
​
-
The person owned a property solely in their name.
-
A bank or building society requires formal proof of authority before releasing funds.
-
The estate includes investments or other assets that cannot be transferred without the appropriate documentation.
​
In other circumstances, probate may not be necessary. Some banks will release smaller balances without a grant, and certain jointly owned assets may pass directly to the surviving owner. There is no single financial threshold that applies to every estate. Each organisation may have its own requirements, so the process will depend on the person's circumstances.
What Happens During the Probate Process?
The process involves establishing what the person owned, confirming the value of the estate and obtaining the necessary legal authority where required. Depending on the circumstances, the person managing the estate may need to:
​
-
Identify the person's money, property, possessions and outstanding debts.
-
Establish whether Inheritance Tax needs to be reported or paid.
-
Apply for a grant of probate or letters of administration, if required.
-
Deal with the estate's financial responsibilities before distributing the remaining assets.
​
The time involved varies. Straightforward estates may be dealt with more quickly, while property sales, tax matters or complications with the paperwork can extend the process.
For more information, see the official GOV.UK guidance on applying for probate.
Does Probate Affect Funeral Arrangements?
Probate and funeral arrangements are separate processes. Families can generally arrange a funeral without waiting for probate to be granted, although the death will usually need to be registered first unless a coroner is involved.
​
The cost of the funeral may be paid from the person's estate, where funds are available. In some circumstances, a bank may release money from an account specifically to cover funeral expenses before probate has been granted. The arrangements depend on the bank's requirements and the circumstances of the estate.
If you're arranging a funeral while other matters remain unresolved, you can still discuss the available options and costs with a funeral director. Alternatively, we have a guide prepared to explain how to arrange a funeral and the various aspects that you might need to consider.
How Long Does Probate Take?
The time it takes to obtain probate varies depending on the estate and the circumstances of the application. Straightforward cases may progress more quickly, while others can take several months or longer.
​
Delays can occur if information about the estate is difficult to obtain, tax matters need to be resolved or the application contains errors. Obtaining the grant is also only one part of the process. Selling property, settling outstanding debts and distributing assets can take additional time. As a result, there is no single timeframe that applies to every estate. The overall process will depend on the assets involved and any complications that arise.
What Happens if There is No Will?
When someone dies without leaving a valid will, their estate must be dealt with under the rules of intestacy. This affects who can inherit and who may apply for the legal authority needed to manage the estate.
​
The probate process can be different when there is no will, as an eligible person may need to apply for letters of administration rather than a grant of probate. Whether formal authority is required will depend on the estate and the assets involved.
​
If you're arranging a funeral while other matters remain unresolved, you can still discuss the available options and costs with a funeral director. Alternatively, we have a guide prepared to explain how the rules of intestacy work, who may be responsible for managing the estate and how this can affect funeral arrangements.
What Information Is Needed to Arrange a Funeral?
Although probate may be needed to manage someone's estate, you do not normally have to wait for the process to be completed before arranging their funeral. A funeral director can begin discussing the arrangements while other legal and financial matters are still being dealt with.
​
When you contact Clive Pugh Funeral Directors, we will ask for some basic information about the person who has died and the arrangements you are considering. This helps us understand your requirements and explain the decisions that need to be made.
​
Depending on the circumstances, this may include the person's full name and date of birth, where they have died, whether a burial or cremation is preferred and any known wishes for the service. We can also explain what information and documentation will be needed as the arrangements progress. You do not need to have every detail resolved before speaking to us. We can guide you through the practical steps involved in arranging the funeral, even if you are still waiting for information about the estate or probate.
How Clive Pugh Funeral Directors Can Help
If you're arranging a funeral while dealing with the practical matters that follow a death, it can help to have clear information about what needs to be organised. Once you appoint Clive Pugh Funeral Directors, we can coordinate the funeral arrangements and explain the decisions that need to be made. Depending on your circumstances, we can:
​
Depending on the circumstances, we can:
-
Discuss the available funeral options and help you understand what is involved.
-
Provide an estimate and explain the costs of the funeral.
-
Arrange the service, venue, coffin, transport and other practical details.
-
Liaise with the chosen cemetery, churchyard, crematorium, minister or celebrant.
-
Explain which decisions need to be confirmed before the funeral can proceed.
-
Keep you informed as the arrangements progress.
​
Our role is to manage the practical aspects of the funeral and provide support throughout the process. We do not handle probate applications or administer estates, but we can explain the funeral arrangements and associated costs so you understand what is involved.
​
Clive Pugh Funeral Directors can discuss your circumstances, answer your questions and explain the next steps involved in arranging a funeral in Shrewsbury, Shropshire or the surrounding areas. Contact Clive Pugh Funeral Directors when you are ready.
With You Every Step of the Way
Date and Time
Following registration, a date and time can then be arranged.
Cremation or Burial
In many cases a loved one will have left their own specific preference. Once the decision for a cremation or burial has been made, a venue for the service and order of events can be agreed upon.
Chapel of Rest
Our private chapel is available for you to spend time with your loved one, also allowing your relatives and friends the chance to say "goodbye".
The Funeral Service
We will liaise with the Clergy, Humanist Minister or Celebrant of your choice. Alternatively, if no specific Minister is requested we can suggest a Minister who will guide you through the order of service. The readings, hymns and eulogies will all be discussed.
Coffins, Caskets and Urns
We offer a large range of traditional coffins, caskets and urns. You can choose from many different styles and we offer a range of price points. Should you want to offer a unique tribute to your loved one, ask us about our customisation options. If you are looking for something in particular, please let us know. We will make every effort to accommodate your needs.
Vehicles
We take pride in being able to offer a comprehensive selection of vehicles. A horse drawn hearse is also available upon request.
Frequently Asked Questions
Can you arrange a funeral before probate is granted?
Yes. Funeral arrangements can generally proceed without waiting for probate, although the death will usually need to be registered first unless a coroner is involved. Probate relates to the administration of the estate rather than permission to hold a funeral.
Is probate necessary if there is a will?
Not always. Having a will does not automatically mean probate is required. The need for a grant depends on the assets involved and the requirements of the organisations holding them.
Who deals with probate if there is no will?
If someone dies without a valid will, an eligible person can apply to administer the estate. If the application is successful, they may receive letters of administration rather than a grant of probate. The estate is then dealt with under the relevant rules for people who die without a will.
Does probate cost money?
There may be costs involved in applying for probate and administering an estate. These can include the application fee, professional fees if a solicitor or probate specialist is involved, and other expenses associated with managing the estate. The amount varies depending on the circumstances. Current information about probate application fees is available on GOV.UK.