What is Probate and do I need it?

When someone dies, their assets (property, savings, investments, possessions) need to be collected, any debts and taxes need to be paid, and what remains needs to be distributed to the right people. For a complete overview of the steps involved, see our checklist on what to do when someone dies. "Probate" is the legal process that makes all of this possible. In practice, the word "probate" is used loosely to mean the whole process of dealing with someone's estate after death, but technically it refers to the court order that gives the executor legal authority to act.

What is a Grant of Probate?

If the person who died left a valid will, the executor named in that will applies to the Probate Registry (part of HM Courts and Tribunals Service) for a document called a Grant of Probate. This is an official court order confirming that the will is valid and that the executor has authority to deal with the estate.

Banks, building societies, Land Registry, and other organisations will usually ask to see the Grant before they release any money or transfer property. Without it, the executor cannot access most of the deceased's assets.

Grant of Probate vs Letters of Administration

If the person who died did not leave a will (or the will is invalid), the process works slightly differently. Instead of a Grant of Probate, a close relative applies for Letters of Administration. The person granted Letters of Administration is called an "administrator" rather than an executor, but their practical responsibilities are very similar. The main difference is that the estate must be distributed according to the rules of intestacy rather than a will.

When is probate needed?

Probate is typically required when the deceased:

• Owned property (land or buildings) in their sole name - you cannot sell or transfer a property without a Grant
• Had bank or building society accounts above a certain threshold - each bank sets its own limit, but most will require a Grant for accounts holding more than around £5,000 to £50,000. Some banks set the limit lower, others higher
• Held stocks, shares, or investments - share registrars and investment platforms almost always require a Grant
• Had assets in a pension or insurance policy - depending on how these were set up, a Grant may be needed

When might probate not be needed?

There are situations where you may be able to deal with the estate without applying for probate:

• All assets were jointly owned - jointly held property and joint bank accounts usually pass automatically to the surviving joint owner by "right of survivorship." No Grant is needed for this.
• The estate is very small - if the total value of assets held in the deceased's sole name falls below the thresholds set by the relevant banks and institutions, they may release the funds without a Grant.
• Assets were held in trust - assets in a trust do not form part of the deceased's estate and are dealt with by the trustees.
• Nominated assets - some accounts (for example certain National Savings products up to £5,000) can be transferred using a nomination form without probate.

If you are unsure whether probate is needed, contact the banks and other institutions holding the deceased's assets. They will tell you whether they need to see a Grant before releasing funds.

The probate process step by step

1. Value the estate - write to every bank, building society, pension provider, and other institution to get date-of-death valuations. Get a property valuation if applicable. List all debts.
2. Complete inheritance tax forms - even if no inheritance tax is owed, you will usually need to complete and submit the relevant HMRC forms. If tax is due, some or all of it must be paid before the Grant is issued.
3. Apply for the Grant - submit the application to the Probate Registry, either online or by post. You will need to swear a legal statement (called an "oath") confirming that the information you have provided is true.
4. Receive the Grant - once approved, you receive the Grant of Probate (or Letters of Administration). You can order multiple copies (called "office copies") for a small fee, which is helpful because different institutions may want to see an original at the same time.
5. Collect assets and pay debts - use the Grant to close bank accounts, sell or transfer property, and pay off any outstanding debts, taxes, and expenses.
6. Distribute the estate - once all debts are settled and any required notices have been placed (to protect against unknown claims), distribute what remains to the beneficiaries according to the will or intestacy rules. You should also prepare estate accounts.

How long does probate take?

The time from application to receiving the Grant is typically around eight to twelve weeks, though this can be shorter or longer depending on how busy the Probate Registry is. The overall process of dealing with the entire estate - from death to final distribution - usually takes between six months and a year for a straightforward estate. Estates involving property sales, inheritance tax, or disputes can take longer.

What does probate cost?

The court fee for applying for probate is currently £300 (there is no fee if the estate is worth less than £5,000). Additional office copies of the Grant cost £1.50 each. On top of the court fee, there may be costs for professional help if you instruct a solicitor or probate service to handle the application for you.

Who can apply for probate?

If there is a will, the executor or executors named in the will apply. If there is no will, the person with the highest entitlement under the intestacy rules applies - typically the surviving spouse or civil partner, or if there is none, an adult child. Up to four people can be named on a single Grant.