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What is Classed as a Person’s ‘Estate’?

When someone passes away, one of the first legal processes that follows is dealing with their estate. You might have heard the term before, in a will, a probate case, or from a solicitor, but what exactly does it include? 

In simple terms, a person’s estate refers to everything they own at the time of their death. That includes all assets, property, money and belongings, minus any outstanding debts or liabilities. It’s the total picture of what they leave behind. 

Let’s break it down in more detail. 

What Does an Estate Typically Include? 

An estate covers everything a person legally owned or had a right to at the time of their death. This usually includes: 

  • Property – Houses, flats, land or any buildings they owned (either fully or as a share in joint ownership). 
     
  • Money – Cash in bank accounts, savings, ISAs, investments, and premium bonds. 
     
  • Possessions – Vehicles, jewellery, furniture, electronics, art, or personal belongings of value. 
     
  • Pensions – Some pensions may form part of the estate, depending on the type and what was specified in the policy. 
     
  • Shares and Bonds – Any company shares, investments or stock portfolios. 
     
  • Business Assets – Ownership or shares in a business, if applicable. 
     
  • Life Insurance – If not written in trust, the payout from a life insurance policy may also be included in the estate. 
     

The total value of all these things (after debts are paid) becomes the value of the estate. 

What’s Not Included? 

There are also things that are typically not counted as part of the estate, though it depends on how they were set up legally. These might include: 

  • Jointly owned assets with a “right of survivorship” (e.g. a house owned with a spouse may automatically pass to them). 
  • Trust assets, if they were placed in trust before death. 
  • Certain pension pots, especially if they allow nomination of a beneficiary and don’t fall back into the estate. 
     

Knowing what’s included or excluded is key to working out whether inheritance tax applies,  and how things should be distributed. 

What Happens to the Estate? 

Once someone passes away, their estate needs to be sorted and distributed, and this process is called probate. If the person had a will, it typically names an executor, someone responsible for handling everything. If no will exists, the law decides who can manage the estate, following the rules of intestacy. 

The main steps usually involve: 

  • Collecting information on all the person’s assets and debts 
  • Valuing the estate 
  • Applying for probate (if needed) 
  • Paying off debts and any inheritance tax 
  • Distributing the remaining estate to beneficiaries 
     

It can be a smooth process, but it can also get complicated, especially if the will is unclear, family relationships are strained, or someone believes they’ve been treated unfairly. 

This is where contentious probate disputes often arise, with disagreements over who should inherit what, how assets have been handled, or even whether a will is valid in the first place. 

Why Does Your Estate Matter? 

Even if you don’t have large savings or multiple properties, your estate still matters, as it reflects your life’s work and provides for your loved ones after you’re gone. Taking the time to plan ahead, with a clear, legally valid will and well-structured assets, can reduce confusion, avoid delays, and minimise conflict later on. 

And for those handling someone else’s estate, knowing what’s classed as part of it can help avoid legal issues and emotional stress down the line. 

Make Sure to Sort Out Your Estate 

A person’s estate is more than just money or property, it’s the total of what they leave behind. Knowing what’s included (and what isn’t) helps make sense of wills, probate, and inheritance. It also highlights how important it is to plan ahead, communicate clearly, and avoid situations that may lead to contentious probate disputes. 

Whether you’re planning your own estate or trying to handle a loved one’s, getting the right guidance can make a difficult process a little easier to manage. 

What do you think?

Written by James Moore

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