What Is Probate and Do You Need It?

What is probate?

Probate is the legal process of proving that a will is valid and giving the executors the authority to deal with the deceased person's estate. The formal document issued by the court is called a grant of probate.

If someone dies without a will, the equivalent process produces a grant of administration (also known as "letters of administration"). The person who applies is called an administrator rather than an executor, but the process is broadly similar.

Both types of grant serve the same purpose: they confirm who has the legal authority to collect assets, pay debts, and distribute the estate.

Do you always need probate?

Not always. Probate is typically required when the deceased owned:

• Property (in their sole name or as tenants in common)
• Bank accounts or investments above a certain threshold (usually £5,000–£50,000, depending on the institution)
• Shares or other financial assets held in their name

Probate is usually not needed when:

• All assets were jointly owned and pass automatically to the survivor
• The estate is very small (below the bank's threshold for releasing funds without probate)
• All assets were held in trust

Each bank and financial institution sets its own threshold for requiring a grant of probate. In practice, if the estate includes a property or significant savings, probate will almost certainly be needed.

How does the probate process work?

Step 1: Value the estate

The executor must identify and value all the deceased's assets and debts. This includes property, bank accounts, investments, personal possessions, and any money owed to or by the deceased.

Step 2: Complete the inheritance tax forms

Even if no IHT is due, executors must complete the relevant HMRC forms. For most estates, this is a simplified form. For larger or more complex estates, a full IHT account is required.

Step 3: Apply for the grant of probate

The application is made to the Probate Registry (part of HM Courts and Tribunals Service). It can be done online or by post. You'll need:

• The original will
• The death certificate
• The completed IHT forms
• The application fee (currently £300, or £0 for estates under £5,000)

The executor must also swear a statement of truth confirming the information is accurate.

Step 4: Receive the grant

Processing typically takes 8–12 weeks. Once issued, the grant gives the executor legal authority to collect assets and administer the estate.

Step 5: Administer the estate

With the grant in hand, the executor can:

• Close bank accounts and collect funds
• Sell or transfer property
• Pay outstanding debts and taxes
• Distribute the estate to beneficiaries

How long does probate take?

The entire process — from death to final distribution — typically takes 6 to 12 months for a straightforward estate. Complex estates (property sales, tax disputes, beneficiary disagreements) can take longer.

The grant itself usually arrives within 8–12 weeks of application, but the full administration extends well beyond that.

How much does probate cost?

The court fee for a grant of probate is £300 (free for estates under £5,000). But the total cost of administering the estate can be higher:

• Solicitor fees — typically £1,500–£5,000+ for full administration
• Valuations — property and specialist item valuations
• Tax advice — for estates with IHT liability
• Advertising for creditors — a legal requirement in many cases

If the executor handles everything themselves, the only unavoidable cost is the court fee and any professional valuations needed.

Can you do probate yourself?

Yes. Many executors handle probate without a solicitor, especially for straightforward estates. The government provides guidance and the application can be completed online.

However, if the estate is complex — multiple properties, business assets, trusts, or potential disputes — professional help is usually worth the cost.

The importance of a will

Having a will makes the probate process significantly smoother. Named executors can act immediately, the court application is simpler, and there's a clear document setting out the deceased's wishes. Without a will, the process is slower, more expensive, and more stressful for the family.