What is Probate and Do I Need It?

Probate is a word that causes confusion and anxiety. Here's a plain-English explanation of what it is, when you need it, and how the process works. You can also read our full guide to probate for more detail.

What is probate?

Probate is the legal and administrative process of dealing with someone's estate after they die. It involves:

• Proving the will is valid (if there is one)
• Establishing who has authority to deal with the estate
• Gathering all the assets
• Paying debts and taxes
• Distributing what's left to the beneficiaries

When people talk about "getting probate", they usually mean obtaining a Grant of Probate - the official document that confirms the executors' authority to deal with the estate.

When is probate needed?

You'll usually need a Grant of Probate when:

• The deceased owned property in their sole name
• Bank accounts are above the bank's threshold (typically £5,000-50,000)
• There are stocks, shares, or investments to transfer
• The estate is complex or valuable

When might probate NOT be needed?

Probate may not be necessary if:

• All assets were held jointly (they pass automatically to the survivor)
• The estate consists only of small bank accounts below the threshold
• All assets were held in trust
• The estate is very simple and all institutions are willing to release funds without a grant

The probate process

1. Value the estate: Establish what the deceased owned and what it's worth
2. Complete tax forms: Inheritance tax forms must be submitted even if no tax is due
3. Apply for the grant: Submit the application to the Probate Registry
4. Swear the oath: Confirm the information is true
5. Receive the grant: Usually 4-8 weeks after application
6. Collect assets: Use the grant to access accounts and transfer assets
7. Pay debts and taxes: Clear all liabilities
8. Distribute the estate: Hand over what's due to beneficiaries

How long does probate take?

The whole process typically takes 6-12 months, though complex estates can take longer. The grant itself usually comes through within 4-8 weeks of application.

Can I do probate myself?

Yes, many people handle probate themselves, especially for straightforward estates. The process is bureaucratic rather than complicated. However, consider getting help if:

• There's inheritance tax to pay
• The estate includes a business
• There are assets abroad
• There are disputes or potential claims
• You're just not comfortable doing it yourself