What Is Probate, Really? A Friendly Guide for First-Timers
If you’ve recently lost someone close to you, you might have heard the word "probate" being thrown around — by banks, by lawyers, or in official-looking letters that arrive at just the wrong time.
And if you’re anything like most people, you might be quietly wondering: what actually is probate? Do I need to do something? Is it urgent? Is it expensive? Can I do it myself?
The short answer is: probate is the legal process of handling someone’s estate after they’ve died. But like most legal processes, the details can feel murky — especially if you’re dealing with grief, paperwork, and confusing jargon all at once.
Let’s break it down.
What probate means
When someone dies, their money, property, and belongings (together known as their "estate") usually need to be passed on to the right people — whether that’s family, friends, or charities.
But before that can happen, someone needs legal permission to deal with it all. That’s where probate comes in.
Probate is the process of:
Confirming that the will is valid (if there is one)
Applying for the legal authority to manage the estate
Gathering information about the person’s finances
Paying off debts and taxes
Distributing what’s left to the rightful beneficiaries
The terminology and process can vary by country — and even within countries. For example:
In England, Wales, and Northern Ireland, the official document is called a Grant of Probate (or Letters of Administration if there’s no will).
In Scotland, the equivalent process is called Confirmation.
In the USA, probate is handled through state courts and may involve a court-appointed executor or administrator.
In Australia and Canada, the process is broadly similar, with region-specific terminology and thresholds.
Do I always need probate?
Not necessarily. Whether probate is required depends on what the person owned, how they owned it, and the laws in your region.
You might not need probate if:
Everything was jointly owned with someone else (like a spouse or partner)
The estate is relatively small
There are no assets that require formal legal transfer (like property, stocks, or large financial accounts)
Banks and financial institutions often have their own probate thresholds, which can vary widely. One might release funds under a certain amount without legal documents, while another might be more cautious.
If you’re unsure, the best approach is to contact the relevant companies and ask: "Do you require probate or legal authority to release these funds or assets?"
Can I do it myself?
Yes — many people handle probate without a lawyer, especially if the estate is straightforward. It takes time, patience, and organisation, but it’s absolutely possible.
You don’t need legal training, though it helps to:
Stay organised (spreadsheets are very helpful)
Keep clear records of money and decisions
Make a checklist of people and companies to contact
Be prepared for some bureaucracy and delays
In more complex cases — for example, if there’s property in different countries, disagreements between family members, or trusts involved — professional advice can be worth considering.
What if there’s no will?
If there’s no will, the estate is distributed according to local intestacy laws. You’ll still need to apply for legal authority to manage the estate — but the process and terminology may differ.
Usually, the rules around who can apply and who inherits are stricter when no will exists, so it’s worth checking what applies in your jurisdiction.
A gentle note
If you’re going through this right now — I’m sorry. It’s a lot to deal with, especially while grieving.
If you’re feeling overwhelmed, that’s completely normal. Probate isn’t something most people prepare for, and it can feel like you’ve suddenly been handed a huge task you never expected.
Take it one step at a time. Ask for help if you need it. A simple tool like our After Death Spreadsheet might make it easier to stay on top of things.
You don’t have to do it all at once. You’re doing the best you can.
