Probate is the legal process of dealing with someone's estate after they die. It involves proving the will, gathering in assets, paying debts and any inheritance tax, and distributing what remains to the beneficiaries.
What is probate?
Probate is the legal process of dealing with a person's estate after they die. It involves proving the will (if there is one), identifying and valuing everything the person owned and owed, paying any debts and inheritance tax, and then distributing what is left to the people entitled to it.
The person who deals with the estate is called the personal representative. If they are named in a will they are an executor; if there is no will they are an administrator. It is a significant responsibility, often taken on at an emotionally difficult time, and many families are surprised by how much is involved.
Grant of Probate or Letters of Administration?
Grant of Probate
Issued where there is a valid will. The executors named in the will apply to the Probate Registry for the grant, which confirms their authority to deal with the estate.
Start probateLetters of Administration
Issued where there is no valid will (intestacy). The closest relatives, in the order set by law, apply to become administrators of the estate.
Start probateBoth are known as a grant of representation. Banks, building societies, pension providers, investment firms and HM Land Registry usually ask to see the grant before they will release funds or allow a property to be sold or transferred.
When is probate needed?
Probate is usually needed if the person who died owned:
- a property or land in their sole name, or as tenants in common with someone else;
- savings or bank accounts above the limit each provider will release without a grant;
- shares, investments or certain insurance policies held in their sole name.
Probate may not be needed where the estate is very small, or where assets were held jointly and pass automatically to the surviving owner by survivorship. Each financial institution sets its own threshold, so it is important to check before assuming. We can help you work out whether a grant is required.
An executor's responsibilities
Whether you are an executor or an administrator, the main steps usually look like this:
- Register the death and locate the original will.
- Secure and value the estate: property, bank accounts, investments, pensions, life policies, vehicles, possessions and any debts or liabilities.
- Report to HMRC and calculate any inheritance tax due. In most cases some or all of the tax must be paid before the grant is issued.
- Apply for the grant through the Probate Registry, part of HM Courts & Tribunals Service.
- Collect in the assets, close accounts, and sell or transfer property.
- Pay debts, taxes and expenses, including funeral costs and any income or capital gains tax arising during administration.
- Prepare estate accounts and distribute the estate to the beneficiaries in line with the will or the intestacy rules.
Personal liability: executors can be personally liable for mistakes, such as distributing the estate before all debts and tax are paid, or overlooking a beneficiary. Getting the right support early protects you as well as the estate.
Inheritance tax and probate
Every estate must be checked for inheritance tax. Many estates fall within the available allowances and are treated as excepted estates, meaning a full IHT account is not required. Others must complete a full inheritance tax account and pay tax at 40% on the value above the available allowances. Interest is charged on inheritance tax paid late, so timing matters. Learn more on our Trusts & IHT page.
If there is no will
When someone dies without a valid will, the intestacy rules decide both who can apply for Letters of Administration and who inherits. A surviving spouse or civil partner has first priority, followed by children, then parents, brothers and sisters and more distant relatives in a fixed order. Unmarried partners have no automatic right to apply or to inherit, which can leave them in a very difficult position and may force them to make a claim against the estate. If you are dealing with an intestate estate, it is worth taking early guidance on who is entitled to act.
Common mistakes to avoid
- Distributing money to beneficiaries before all debts, tax and expenses are known.
- Missing the six-month deadline to pay inheritance tax and incurring interest.
- Failing to place statutory notices for unknown creditors, which protect executors from late claims.
- Leaving an empty property uninsured, or not telling the insurer the owner has died.
- Overlooking pensions, life policies or online accounts that the deceased held.
How long does probate take?
The application for the grant itself is now usually made online, and the Probate Registry will issue the grant once HMRC has confirmed any inheritance tax position and the paperwork is in order. The time it then takes to collect assets, sell property and settle the estate depends largely on how organised the deceased's affairs were.
A straightforward estate can often be completed within six to twelve months. Estates with property to sell, inheritance tax to pay, overseas assets, a business or disagreements between family members can take considerably longer. Delays at the Probate Registry or with financial institutions can also add time.
How we help
We make the first step easy. Start online and tell us about the estate, and we will help you understand what is involved. You can request probate quotations, compare options and be referred to a trusted specialist probate provider, whether you want help with the grant application only or a complete estate administration service. You stay in control and the fees are clear from the start.
If you are planning ahead for your own family, the Executor Toolbox records where everything is, which can save your executors weeks of searching. A clear will makes the whole process faster and simpler.
Important: This page provides general information about the law in England & Wales only and is not legal, tax or financial advice. Rules, allowances and fees can change. Your circumstances are unique, so please book a consultation for guidance tailored to you. Complex matters are referred to suitably qualified specialists.