What Is Probate? A Simple UK Guide

What Is Probate?

Probate is the legal process of proving that a deceased person's will is valid and obtaining official authority to deal with their estate. In simple terms, it is the court's permission for someone (usually the executor named in the will) to access bank accounts, sell property, and distribute assets to beneficiaries.

If there is no will, the process is technically called "letters of administration" rather than probate, but most people use the term probate to cover both situations.

What Does Probate Mean in Practice?

When someone dies owning assets in their sole name, those assets are effectively frozen. Banks, building societies, Land Registry, and other institutions need proof that someone has legal authority to deal with those assets. Probate provides that proof.

The document itself is called a Grant of Probate (when there is a will) or a Grant of Letters of Administration (when there is no will). Both serve the same practical purpose: they tell the world that a named person has the legal right to handle the estate.

When Is Probate Required?

Probate is not always needed. Whether you need it depends on the type and value of assets the person held. Here are the general rules:

You will usually need probate if the person owned:

• Property or land in their sole name
• Savings or investments above the threshold set by their bank (often between 5,000 and 50,000 pounds, depending on the institution)
• Shares or stocks held in their name
• Assets held in a trust where they were the sole trustee

You may not need probate if:

• All assets were held jointly (and pass automatically to the surviving owner)
• The estate is small and all institutions accept the death certificate alone
• Assets are held in certain types of trust
• The only assets are personal belongings of modest value

Each bank and institution sets its own threshold for when they require a grant of probate. There is no single legal limit that applies across the board. If you are unsure, contact each institution directly and ask whether they need probate before releasing funds.

Who Applies for Probate?

If the person left a valid will, the executor named in that will applies for probate. You can have more than one executor, and they can apply jointly.

If there is no will, the closest next of kin applies for letters of administration. The legal order of priority is:

1. Spouse or civil partner
2. Children (over 18)
3. Parents
4. Siblings
5. Other relatives

The person who applies is called the administrator and has broadly the same responsibilities as an executor.

How Do You Apply for Probate?

The application process involves several steps:

1. Value the estate - Work out what the person owned and owed at the date of death. This includes property, bank accounts, investments, personal possessions, and any debts.

2. Complete the inheritance tax forms - Even if no tax is due, you must report the estate's value to HMRC. Most estates use the shorter form (IHT205 or the online equivalent) if the estate is below the tax threshold.

3. Submit the probate application - You can apply online through the government's probate service or by post using form PA1P (with a will) or PA1A (without a will). The current application fee is 300 pounds for estates valued over 5,000 pounds.

4. Swear or affirm the oath - You will need to confirm the information in your application is true. This can now be done by a statement of truth rather than a formal oath.

5. Receive the grant - Once approved, the probate registry sends you the grant of probate (or letters of administration). You can order extra sealed copies for a small fee, which is useful when dealing with multiple institutions at the same time.

How Much Does Probate Cost?

The court fee for a probate application is currently 300 pounds for estates valued over 5,000 pounds. There is no fee for estates valued at 5,000 pounds or under.

You can order additional sealed copies of the grant for 1.50 pounds each. It is worth ordering several, as you will need to send them to banks, the Land Registry, and other organisations.

If you use a solicitor to handle the probate process, their fees vary widely but typically range from 2,000 to 5,000 pounds or more, depending on the complexity of the estate. Some solicitors charge a percentage of the estate's value, which can be significantly more expensive.

What Happens After You Get Probate?

Once you have the grant, you can:

• Access and close the deceased person's bank accounts
• Sell or transfer property
• Cash in or transfer investments
• Pay any outstanding debts, taxes, and expenses
• Distribute the remaining assets to beneficiaries according to the will (or intestacy rules if there is no will)

The executor or administrator has a legal duty to deal with the estate properly. This includes paying all debts and taxes before distributing anything to beneficiaries, and keeping clear records of all transactions.

Common Questions About Probate

Can I do probate myself? Yes. Many people handle probate without a solicitor, especially for straightforward estates. The government's online service has made the application process more accessible.

How long does probate take? The grant itself typically takes 4 to 8 weeks to arrive after you submit your application. Dealing with the full estate can take anywhere from 6 to 12 months, or longer for complex cases.

Is probate public? Yes. Once granted, probate becomes a public record. Anyone can search for and obtain a copy of the grant and the will.

What if the will is contested? If someone challenges the will, the probate process can be delayed significantly. A caveat can be placed on the estate to prevent a grant being issued while the dispute is resolved.

Getting Help

Dealing with probate while grieving is one of the hardest things many people face. If the process feels overwhelming, there is no shame in asking for help.

GetPassage helps you stay on top of what needs doing after someone dies, including tracking probate tasks and deadlines so nothing falls through the cracks.

You can also get free guidance from:

• GOV.UK Probate Service
• Citizens Advice
• Your local probate registry