Dealing with the estate, wills and probate

When someone dies, it’s important to know if there’s a will, so you know what to with the person’s estate.

A will is a legal document that sets out how a person's estate should be administered. This includes who should benefit from the estate and how.

It may also appoint an executor and guardians to administer the estate, and may set out funeral wishes.

We don’t usually ask to see the will to close or release funds from an account. But, we may ask to see proof that you have permission to administer the person's estate. This is called a grant of probate.

If a person dies without leaving a will, their estate has to be shared out according to the rules of intestacy. This usually means that the closest living relative can inherit the estate.

The rules of intestacy can be complicated. You can check who can inherit the estate and follow the guidance at gov.uk who inherits when someone dies (opens in new window)

Sometimes, the will doesn't name an executor to administer the estate. Or the executor is named, but they are unable to act. In this case someone will need to apply to the probate office to be an administrator. Who can apply depends on if there was no will, or if there was a will with no executor named.

In Scotland applications to administer the estate are made to the Sheriffs Court to be the executor-dative.

Probate is the legal process of dealing with someone’s estate after they’ve died. It involves proving the will is valid (if there is one), and giving someone the authority to manage the estate.

Probate documents we may ask to see

A grant of probate. This is needed when:

• There is a valid will, and the person who died named an executor in their will.
• Whether or not you need it depends on the size and type of the estate and how much it’s worth.

Letters of administration. This is needed when:

• There’s no valid will, or the named executor cannot act. 
• To apply, you’ll need to be eligible according to intestacy rules. This is normally the closest living relative.

In Scotland you’ll need to apply to be an executor to get a document called confirmation.

Other organisations have their own rules, so you’ll need to check with each one.

A solicitor or probate specialist can help with some, or all of the tasks. This will come at a cost, but they will be familiar with the whole process.

Nationwide doesn’t offer legal or probate services, but MoneyHelper has a helpful guide for when and how to use a solicitor. Use it to help you decide the best option for your situation.

MoneyHelper guide - when to use a probate specialist (opens in new window)

When you register the death at the register office, you also need to tell the Government that the person’s benefits, tax and National Insurance payments need to stop. There may be tax to pay, or their estate might be owed some tax back.

You can do this using the Government's online service Tell Us Once. This service lets you report the death to most government organisations in one go. This includes if the person who died was living in England, Scotland or Wales.

When you register the death at the register office, they will give you a reference number to use the service.

For information on how to use Tell Us Once and the full list of government organisations, visit the Tell Us Once service page.

We can issue a certificate of interest for the person’s sole accounts up until the date of their death. If this would help, please call our bereavement helpdesk on 0800 464 30 18.

Just so you know, we’re only able to provide tax and interest information on joint accounts up to the date the member died.

Our bereavement team are here for you if you have questions or need help.

Go back to our pages: Bereavement support, Paying for the funeral and expenses