Losing a loved one is one of life’s most challenging experiences. At McDonald and Tomlin Funerals, we understand that the days and weeks following a bereavement are often a blur of emotion and activity. While our role is to provide a dignified, compassionate farewell for your loved one in Peckham and across London, we also know that many families feel overwhelmed by the legal paperwork that follows.

Chief amongst these concerns is probate. It is a word often mentioned but frequently misunderstood. In this guide, we break down what probate is, why it matters, and how to navigate the process.

What Exactly is Probate?

In simple terms, probate is the legal process of dealing with the estate of someone who has died. An estate includes everything they owned; their house, money in bank accounts, shares, and personal possessions, minus any debts they owed.

When someone passes away, their assets are essentially "frozen" until the government grants a specific person the legal authority to manage them.

• If there is a Will: The person named to manage the estate is called the Executor. They apply for a Grant of Probate.

• If there is no Will: The person is said to have died "intestate." Usually, the closest living relative applies to be the Administrator. They apply for Letters of Administration.

Both documents serve the same purpose, they are the "official stamp" that allows you to close bank accounts, sell property, and distribute the inheritance.

Do You Always Need Probate?

Not every death requires a full probate application. You may not need it if the deceased:

• Only had savings or a small amount of money (usually under £5,000, though some banks have higher thresholds).

• Owned everything (like a house or bank account) jointly with a surviving spouse or civil partner, as these usually pass automatically to the survivor.

However, if they owned property in their sole name or had significant stocks and shares, probate is almost certainly required.

Key Steps in the Probate Process

Managing an estate can take time, often between six to nine months, or longer if the estate is complex. Here is a simplified timeline of the steps involved:

1. Register the Death: This should be done within five days in England. You will receive the Death Certificate, which you’ll need for almost every financial institution.

2. Value the Estate: You must identify all assets and debts. This includes getting a professional valuation on any property and checking bank balances as of the date of death.

3. Inheritance Tax (IHT): Before applying for probate, you must report the estate's value to HMRC. If the estate is worth more than the current threshold, you may need to pay Inheritance Tax.

4. Apply for the Grant: You can apply for probate online via the GOV.UK website or by post.

5. Settle Debts and Distribute Assets: Once the grant is received, you can collect the assets, pay off any outstanding debts (including the funeral account), and finally distribute the remaining balance to the beneficiaries.

How Funeral Costs Fit In

A common question we hear at McDonald and Tomlin Funerals is: "How do we pay for the funeral if the bank accounts are frozen?"

It is important to know that most UK banks and building societies will release funds directly to the funeral director to cover funeral expenses before probate is granted. You simply need to provide them with the original death certificate and our funeral invoice. This ensures that you can focus on arranging a meaningful service without the immediate worry of how to access the estate’s funds.

Why Choose McDonald and Tomlin Funerals?

As an independent funeral director in Peckham, we pride ourselves on being more than just a service provider; we are a part of the community. We know that the jargon of "executors," "beneficiaries," and "intestacy" can be daunting. While we are not solicitors, we can signpost you to trusted local legal professionals who specialise in estate administration and probate law.

Our goal is to ensure that every aspect of your experience from the first phone call to the final resting place is handled with the utmost dignity and transparency.

Practical Tips for Executors

• Keep Records: Track every penny spent and keep copies of all correspondence.

• Check for a Will: Search the house thoroughly and check with the deceased’s solicitor or bank.

• Don't Rush: While some things (like registering the death) are urgent, the probate process itself is a marathon, not a sprint. Take the time you need to grieve.

We are Here to Help

Whether you are looking for advice, need help arranging a traditional funeral service, or simply have questions about what to do next, our team is available.

McDonald and Tomlin Funerals provide compassionate care to families across London and the South East, ensuring your loved one receives the respect they deserve.