Yes, you can legally start the probate process before the funeral. However, in practice, most executors cannot submit a complete application until after the funeral due to the administrative steps required beforehand.
Why Applying Immediately Is Difficult
To submit an official application for a Grant of Probate in the UK, you must meet several strict prerequisites:
Official Death Registration – You must formally register the death first. The Registrar issues the official death certificate, which is mandatory for the probate application.
Full Estate Valuation – You must calculate the total value of all assets (bank accounts, property, investments) and debts. Gathering statements and professional property valuations usually takes several weeks.
Inheritance Tax Reporting – If Inheritance Tax is due, it must be reported to HMRC, and any tax owed must usually be paid before the Probate Registry will issue the grant.
Because securing full asset valuations and sorting tax affairs takes time, the funeral almost always happens long before the probate paperwork is ready to file.
If you’re unsure where to begin, our Probate Services explain each stage of the probate process and how we can help.
What You Can Do Straight Away
While you may not be able to send off the final probate application immediately, you can begin the preliminary groundwork as soon as the death is registered:
- Locate the original will and confirm who is named as executor.
- Notify banks and financial institutions to freeze the accounts.
- Request final closing statements and valuations as of the date of death.
Paying for the Funeral
You do not need to wait for probate or use your own money to pay for funeral costs. Most UK banks will release funds directly from the deceased’s frozen bank account to pay the funeral director’s invoice upon receipt of the official death certificate.
For help with estate planning, contact Probate London on 020 8017 1029.
