When someone dies, the executor (or executors) named in their will must apply for probate, which gives them the legal authority to act on behalf of the deceased's estate. Generally, a person will choose a close friend or family member to act in this capacity when writing their will, and that person should keep beneficiaries up-to-date on how the process is going.

Unfortunately, not all executors can be relied on to provide additional information or updates on their progress. If they fail to tell you what is happening during probate, it can leave you feeling uncertain about what to expect in terms of an inheritance and prevent you from gaining closure following the death of a loved one.

Thankfully, there are a few different ways to take action in these cases, from probate searches that can let you know whether probate has been granted to legal options if you have broader concerns about an executor's activities and the lack of information you have received. Here, the wills and probate experts at JMW outline when the legal documents involved in the probate process become public, how to find out if probate has been granted, and how the process differs if the deceased person did not have a valid will.

How Can I Find Out if Probate Has Been Granted?

While executors are generally expected to act transparently and maintain communication with family members and expected beneficiaries when managing a deceased person's estate, they are not legally required to notify all beneficiaries when probate is granted or at any other stage of the process.

In practice, most executors will inform beneficiaries that probate has been granted, especially as it marks the point where administration of the estate can actively begin. If you have been waiting to hear from the estate's executor but have not, this does not necessarily mean that probate has been granted and that you have not been informed. The administration of an estate can take time, as the net value of the person's assets (minus their debts) must be calculated, and any Inheritance Tax paid, before the executor can apply for a grant of probate. Even after this stage, it can take anywhere up to 12 weeks or longer to receive the grant of probate, and the executor cannot begin their work until it arrives.

If you have not been told that probate was granted on the deceased's estate, you can write the executor of the estate and ask for an update. If you are dealing with an executor who is not fulfilling their legal responsibilities, their response (or lack thereof) can, in some cases, act as evidence to support a legal case to have them removed from their role.

If it has been three to six months since the person died and you have not been told that probate is moving ahead, you can also make a standing search. Grants issued are a matter of public record, and any member of the public can apply to the Probate Registry to access a copy of the grant. The person's will also become public once probate is granted and it may also be possible to secure a copy. It is free to perform a probate records search, which can indicate whether or not probate has been granted yet. There is a small fee to pay if you wish to order a copy of either the grant of probate or the will, which will not only confirm that probate has been issued but also provide information about who the executor is and some other basic information about the estate.

What Should a Beneficiary Do if They Have Concerns About Communication from an Executor?

Executors in the UK have legal duties to act in the interests of the estate and its beneficiaries and when they fail to provide reasonable updates or access to estate information, despite being asked to do so, it can be difficult to know what to do. When communication fails or is unreasonably delayed, one approach is for beneficiaries to seek legal advice or apply to the court to compel disclosure of estate information.

Beneficiaries should start by checking if probate has been granted with a Probate Registry search as the first step. From there, you should attempt informal contact and note down the details of any such efforts to obtain information. If the executor does not respond to reasonable enquiries after a reasonable time has passed, this could indicate a breach of duty.

In cases like this where there is an ongoing failure to communicate or act transparently, this may justify court intervention. An experienced wills and probate solicitor can issue a formal letter requesting an account of the estate on your behalf and, if that fails, make a court application to compel the executor to provide an inventory and account under section 25 of the Administration of Estates Act 1925.

It is not only a failure in communication that could lead beneficiaries to consider legal action. If you have grounds to believe the executor is mishandling the estate - for example, by delaying asset distribution, undervaluing property, or failing to settle debts - you may need to take steps to address this. Executors must distribute the estate once administration is complete, debts are paid, and Inheritance Tax matters are settled and, if this is not forthcoming, it can be worthwhile to ask for a full account of the estate - especially if a probate search shows that the relevant legal documents are already in place. The wills and probate specialists at JMW can advise you on the legal options available to you, depending on your specific circumstances.

What Happens if There Is No Valid Will?

If the deceased did not have a valid will, a relevant person (usually a close friend or relative) must apply for letters of administration. In these cases, the person is determined to have died intestate, which means that all of their estate is to be inherited by their spouse or civil partner, or shared between their partner and their children.

In cases where the deceased did not have a spouse, civil partner or children, their estate will pass to their parents, siblings, or other relatives according to the strict rules of intestacy. Beneficiaries who might have expected to receive something may not under these circumstances.

What Are the Next Steps?

As we have noted, while beneficiaries are not automatically informed the moment probate is granted, most will be notified by the executor as part of estate administration. If not, it is possible to perform a standing search through the probate service to confirm a grant independently once probate records become publicly available. If you still have concerns about an executor's conduct or cannot find out if probate has been granted through this approach and cannot understand why, speak to a solicitor.

JMW's wills and probate experts have a wealth of experience in this area and can support you at all stages of the probate process, whether you are a beneficiary, an executor or someone else. To find out more, call us on 0345 872 6666 or use our online enquiry form to request a call back at your convenience.