What is Probate? A Plain English Guide to the UK Process

Probate is one of those words that sounds complicated but describes something fairly straightforward. When someone dies, their assets need to be collected, their debts paid, and what's left distributed to the people entitled to inherit. Probate is the legal process that makes this possible.

I've guided hundreds of families through probate, often during the hardest time of their lives. My goal with this guide is to explain exactly what's involved so you know what to expect – and to reassure you that while probate takes time, it's more manageable than most people fear.

What is Probate in Simple Terms?

Probate is the legal process of dealing with someone's estate after they die. The word 'probate' specifically refers to 'proving' that a will is valid, but people use the term more broadly to mean the whole process of sorting out the deceased's affairs.

The process involves several key steps:

1. Identifying everything the person owned and owed
2. Getting legal authority to deal with their assets
3. Paying any debts, taxes, and expenses
4. Distributing what's left to beneficiaries

The 'legal authority' part is crucial. Banks, financial institutions, and the Land Registry won't let you access someone's assets just because you're their relative or named in their will. You need an official document called a Grant of Probate (or Letters of Administration if there's no will) before most organisations will release funds or transfer property.

When is Probate Needed?

Probate isn't always necessary. Whether you need it depends on what the person owned and how they owned it.

You usually DO need probate if:

• The person owned property in their sole name
• They had bank accounts or savings above certain thresholds (varies by bank)
• They owned stocks, shares, or investments
• They had assets worth more than £5,000-15,000 in any single institution

You usually DON'T need probate if:

• Everything was held jointly with someone else (passes automatically to survivor)
• Assets are below the bank's threshold for releasing without probate
• Everything passes through nominations (like some pensions and life insurance)
• The estate is very small

There's no fixed value above which probate is required. Some banks release up to £50,000 without probate; others won't release anything over £5,000. If you're not sure whether you need probate, contact each institution holding the deceased's assets and ask what their requirements are.

The Probate Process Step by Step

Step 1: Register the death and gather documents

Before you can apply for probate, you need to register the death and obtain death certificates. You'll need several copies – banks, pension providers, and other organisations often want to see originals.

Gather key documents:

• Death certificate
• The original will (if there is one)
• Details of all assets (bank statements, property deeds, investment records)
• Details of all debts (mortgages, loans, credit cards, bills)

Step 2: Value the estate

You need to work out the total value of everything the person owned at the date of death, including:

• Property (get estate agent valuations or professional valuations for probate)
• Bank accounts and savings
• Investments, shares, and premium bonds
• Personal possessions (car, jewellery, furniture)
• Money owed to them
• Pensions and life insurance (though these often pass outside probate)

You'll also need to list all debts: mortgage, loans, credit cards, unpaid bills, funeral costs.

Step 3: Complete inheritance tax forms

Even if no inheritance tax is due, you need to complete an inheritance tax form as part of the probate application. Most estates use the short form (IHT205) if no tax is owed and the estate qualifies as 'excepted'. Larger or more complex estates need the full form (IHT400).

Step 4: Apply for probate

You can apply online at GOV.UK or by post. The application requires:

• The original will (if there is one)
• The death certificate
• The inheritance tax form
• The application form
• The application fee (£300 for estates over £5,000, free for smaller estates)

Step 5: Wait for the grant

Currently, straightforward applications take 8-12 weeks. Once approved, you receive the Grant of Probate (or Letters of Administration) – the document that gives you legal authority to deal with the estate.

Step 6: Administer the estate

With the grant in hand, you can:

• Close bank accounts and collect funds
• Sell or transfer property
• Cash in investments
• Pay off debts
• Pay any inheritance tax due
• Distribute the remaining assets to beneficiaries

How Long Does Probate Take?

The timeline varies depending on the complexity of the estate:

Getting the Grant of Probate: 8-12 weeks currently, though this can be faster or slower depending on workload and any issues with your application.

Full estate administration:

• Simple estate (no property, few accounts): 3-6 months
• Typical estate (including property): 6-12 months
• Complex estate (multiple properties, business interests, disputes): 1-2 years or more

Delays are common if:

• Property needs to be sold
• There are foreign assets
• Beneficiaries are hard to trace
• Someone challenges the will
• Inheritance tax calculations are complex

How Much Does Probate Cost?

Application fee: £300 for estates over £5,000 (free for estates under £5,000)

Additional copies of the grant: £1.50 each (you'll want several copies)

Solicitor fees (if you use one):

• Fixed fee for probate application only: £500-1,500
• Full estate administration: 1-5% of estate value, or hourly rates of £150-350

Other potential costs:

• Property valuations: £150-500
• Searches and certificates: £50-200
• Missing asset searches: variable

You don't have to use a solicitor. If the estate is straightforward and you're comfortable with paperwork, you can do probate yourself using the government's online service. About 60% of applications are made without professional help.

Probate With vs Without a Will

The process is similar whether or not there's a will, but there are some key differences:

With a will:

• You apply for a 'Grant of Probate'
• The executors named in the will are responsible for the estate
• Assets are distributed according to the will's instructions

Without a will (intestacy):

• You apply for 'Letters of Administration'
• The administrator is decided by intestacy rules (usually spouse, then children)
• Assets are distributed according to intestacy rules, not family wishes

Both processes take roughly the same time and cost the same in fees. The main difference is who's entitled to apply and who inherits.

Who Applies for Probate?

If there's a will: The executors named in the will have first right to apply. If they don't want to or can't, there's a hierarchy of who else can.

If there's no will: The person with the highest right to inherit can apply, following this order:

1. Spouse or civil partner
2. Children (over 18)
3. Parents
4. Siblings
5. Other relatives

Only people over 18 can apply for probate. If all executors are under 18 or unwilling to act, someone else will need to apply.

Common Questions About Probate

Can the estate pay debts while waiting for probate?

Some banks will release funds to pay funeral costs directly to the funeral director before probate is granted. Other essential bills (like mortgage payments to prevent repossession) may also be payable, but check with each institution.

What if someone disagrees with the will?

Disputes can significantly delay probate. If you expect a challenge, get legal advice early. Claims must usually be made within 6 months of probate being granted, but potential claimants can register a 'caveat' to prevent probate being granted while they investigate.

Do I have to pay inheritance tax before probate?

If inheritance tax is due, you typically need to pay at least some of it before probate is granted. HMRC offers an option to pay from the estate's bank accounts or borrow against the estate, as you can't access the full estate until you have probate – creating a catch-22 that arrangements exist to solve.

Can I start clearing the house before probate?

You can make the property secure and remove perishables, but be careful about disposing of items before probate. You're not technically the legal owner until probate is granted, and you need to account for everything in the estate.

Probate can feel overwhelming, especially when you're grieving. Remember that there's no rush – take the time you need, ask for help when you need it, and don't be afraid to seek professional advice if the estate is complex or if you're unsure about anything.