Probate Explained: A Plain-English Guide for First-Time Executors

Probate Explained: A Plain-English Guide for First-Time Executors

If you've been named as an executor in someone's will, you'll likely hear the word "probate" very quickly. Here's the straightforward explanation.

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What is probate?

Probate is the legal process by which a deceased person's estate is administered and distributed. It involves:

1. Proving that the will is valid
2. Identifying and valuing all assets and debts
3. Paying any taxes owed
4. Distributing what remains to the beneficiaries

In England and Wales, "obtaining a Grant of Probate" gives you the legal authority to deal with the estate.

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Do you always need probate?

Probate is typically NOT needed if:

• All assets were held jointly (joint bank accounts, jointly-owned property)
• The total estate is below roughly £5,000–£50,000 (the threshold varies by institution)
• All assets are held in trust

Probate IS typically needed if:

• The deceased owned property in their sole name
• The estate includes significant bank accounts or investments
• Financial institutions ask for it

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The probate process: step by step

Step 1: Register the death and get death certificates

Order at least 5–10 certified copies (£11 each).

Step 2: Locate the will

The original signed will must be submitted to the Probate Registry.

Step 3: Value the estate

Calculate total assets minus liabilities, including property, bank accounts, investments, and personal possessions.

Step 4: Report to HMRC and pay any Inheritance Tax

Inheritance Tax is payable on estates worth more than £325,000 (the nil-rate band for 2025/26). IHT must usually be paid within six months of the death.

Guidance: gov.uk/inheritance-tax

Step 5: Apply for the Grant of Probate

Online: gov.uk/applying-for-probate

Fees: £300 for estates of £5,000 or more (free under £5,000)

Step 6: Administer the estate

Close accounts, sell property, collect debts, pay the deceased's debts.

Step 7: Distribute the estate

Distribute what remains to beneficiaries. Keep records of everything.

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How long does probate take?

• Simple estate: 3–6 months
• Complex estate: 9–18 months or longer
• Probate Registry processing: Currently 8–16 weeks

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What does probate cost?

• Probate Registry fee: £300
• Additional Grant copies: £1.50 each
• Property valuation: £250–£500
• Solicitor (if used): typically 1–4% of estate value

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