Probate

What is probate, and why does it matter?

Probate is the official process that confirms who has the legal authority to deal with a person's estate after they die — their money, property, investments and possessions. In England and Wales, when there is a valid will, the named executors apply to HM Courts & Tribunals Service for a grant of probate. This grant is the document banks, insurers and the Land Registry rely on before they will release funds or transfer assets. Without it, an estate can stay frozen: accounts stay locked, a house cannot be sold, and beneficiaries wait.

It matters because almost every family eventually has to deal with it, often at the worst possible time. Getting it right protects the executors personally, makes sure the right people inherit, and avoids costly delays. Getting it wrong — paying the wrong creditors first, distributing too early, or missing a tax deadline — can leave executors out of pocket. For a fuller introduction in plain terms, see our guide What is Probate? A Plain English Guide to the UK Process.

Do you actually need probate?

Not every estate requires a grant. Whether probate is needed depends less on the size of the estate and more on what it contains and how assets are owned. As a general rule, you are likely to need probate when the deceased owned:

• A property in their sole name, or as tenants in common with someone else;
• Bank or investment accounts above each institution's own threshold (often somewhere between £5,000 and £50,000, set by the provider, not the law);
• Shares, bonds or other investments held individually.

You often will not need probate where everything was held jointly — a joint bank account or a home owned as joint tenants normally passes automatically to the survivor by survivorship — or where the estate is very small and made up only of low-value accounts. Because every bank sets its own limit, two estates of identical value can have different outcomes. Our guide Do I Need Probate? walks through the common scenarios so you can check before you apply.

When there is no will

If someone dies without a valid will, they die intestate, and there are no executors. Instead, the closest relatives — usually a spouse or civil partner, then children — apply for Letters of Administration, which give the same powers as a grant of probate. The estate is then shared out under the strict intestacy rules rather than according to anyone's wishes. Under those rules a surviving spouse or civil partner receives the first £322,000 (plus personal possessions) where there are also children, with the rest divided. Unmarried partners and stepchildren inherit nothing automatically. Our guide Letters of Administration explains who can apply and in what order.

How the probate process works, step by step

The journey is broadly the same whether you are an executor or an administrator:

• Register the death and gather the paperwork — the will (if any), the death certificate, and a picture of the deceased's assets and debts.
• Value the estate — every asset and liability at the date of death. This figure drives both the probate application and any Inheritance Tax.
• Deal with Inheritance Tax (IHT) — report to HMRC and pay any tax due. IHT is charged at 40% on the value above the available nil-rate band of £325,000 per person (with the residence nil-rate band of up to £175,000 where a main home passes to direct descendants). A married couple or civil partners can combine allowances so that up to £1 million can pass tax-free in the right circumstances. Tax generally has to be paid before the grant is issued.
• Apply for the grant — online or by post to HMCTS, with the relevant statement of truth.
• Collect the assets and settle debts — close accounts, sell or transfer property, pay creditors.
• Prepare estate accounts and distribute — pay the beneficiaries and keep a clear record.

For a detailed walkthrough including the forms and the online service, see How to Apply for Probate: Step-by-Step UK Guide.

How long does it take?

Timescales vary widely. Straightforward estates can be wound up in six to nine months; complex ones — with property to sell, IHT to settle, or assets held abroad — frequently run beyond a year. The grant itself, once applied for, commonly takes several weeks to many weeks depending on HMCTS workloads and whether IHT clearance is needed first. Our guide How Long Does Probate Take in the UK? sets out realistic expectations and the things that most often cause delay.

What does probate cost?

There are two distinct costs to keep separate. First, the court application fee paid to HMCTS — a flat fee for estates above a low threshold, with smaller estates exempt. Second, any professional fees if you instruct a solicitor or estate planner to handle the work. The latter is where costs vary enormously: some firms charge a percentage of the estate (which can run into many thousands of pounds), while others offer a clear fixed price. Add valuation fees, the cost of certified copies of the grant, and statutory advertisements for creditors. Our full breakdown is in Probate Costs UK: Full Breakdown of Fees and Expenses.

Debts, disputes and difficult executors

Probate is not only about who inherits — it is also about settling what is owed. Debts do not simply disappear on death; they are paid from the estate before anyone inherits, and there is a legal order of priority. Beneficiaries are not usually personally liable, but executors who distribute before clearing debts can be. See What Happens to My Debts When I Die?.

Things can become harder when people disagree. An executor named in a will may be unwilling or unable to act — they can renounce or step back, and others can apply instead; our guide What If My Executor Refuses to Act? explains the options. Separately, a will can sometimes be challenged — on grounds such as lack of capacity, undue influence, or failure to provide for a dependant. Can I Challenge an Unfair Will? covers when that is possible and the strict time limits involved.

Can you do it yourself?

Yes — there is no legal requirement to use a professional, and many executors of simple estates apply themselves through the HMCTS online service. Whether that is wise depends on the estate. DIY makes sense for a modest, clearly-owned estate with one beneficiary; it is riskier where there is IHT to compute, a business, foreign assets, or any hint of family dispute, because the executor remains personally responsible for mistakes. Weigh it up with Can I Execute a Will Myself Without a Solicitor?

Common mistakes to avoid

• Distributing too early — pay creditors and allow for claims before handing money to beneficiaries.
• Under-valuing the estate — guesswork on property or shares can trigger HMRC penalties.
• Missing the IHT deadline — interest accrues, and the grant can stall until tax is paid.
• Accepting percentage-based fees without comparing — the same job can cost very different amounts.

How Ask an Estate Planner helps

Probate is stressful enough without wondering whether you are overpaying or out of your depth. Ask an Estate Planner is a free, independent comparison service. Tell us a little about the estate and your area, and we connect you with BCEP-trained estate planners who provide clear fixed-price quotes — so you can compare on value, not guess at an open-ended percentage bill. You stay in control: compare, choose, and only proceed if it suits you. Whether you simply need a second opinion on whether probate is required, or want someone to handle the whole administration, you can weigh your options with confidence and no obligation.