Wills & Probate Guide
A Complete Guide to Probate
What probate is, when you need it, how long it takes, and what executors are responsible for — explained in plain English.
What is probate and why does it exist?
Probate is the legal process by which a deceased person's estate is administered and distributed. In England and Wales, the Probate Registry issues a document — either a Grant of Probate (where there is a will) or Letters of Administration (where there is no will) — that gives the executor or administrator the legal authority to deal with the estate.
Banks, building societies, HM Land Registry and other institutions require this document before they will release funds or transfer property. Without it, assets can be frozen indefinitely.
When do you need probate?
Probate is usually required when the estate includes:
- Property or land in the deceased's sole name
- Stocks and shares held in the deceased's sole name
- Bank or savings accounts above the institution's threshold (typically £5,000–£50,000)
- Assets held solely by the deceased (not jointly)
Jointly held assets — such as a property owned as joint tenants, or a joint bank account — usually pass automatically to the surviving owner without probate. Small estates may also be dealt with informally, depending on the institutions involved.
What happens step by step?
Register the death
The death must be registered at the local register office within 5 days. You will receive a death certificate, which you will need multiple copies of.
Locate the will
Find the original will. If the deceased used a solicitor, they may hold the original. Check with banks and the National Will Register.
Value the estate
Identify and value all assets (property, savings, investments, personal possessions) and all liabilities (debts, mortgages, outstanding bills). This is needed for the probate application and for inheritance tax purposes.
Deal with inheritance tax
If the estate exceeds the nil-rate band (currently £325,000, or up to £1 million with the residence nil-rate band and spousal transfer), inheritance tax must be reported and any tax due paid before probate is granted.
Apply for the grant
Submit the probate application to the Probate Registry, along with the original will, the death certificate, and the inheritance tax forms.
Administer the estate
Once the grant is issued, collect assets, pay debts, and distribute the estate to beneficiaries in accordance with the will (or the Rules of Intestacy if there is no will).
How much does probate cost?
The Probate Registry charges a fixed fee of £300 for estates over £5,000 (free for smaller estates). Additional copies of the grant cost £1.50 each.
Solicitor's fees vary depending on the complexity of the estate. We offer fixed fees for straightforward probate applications and hourly rates for complex estate administration. See our probate fees page for full transparency.
What if there is no will?
Where someone dies without a will, they are said to have died intestate. Their estate is distributed according to the Rules of Intestacy, which set a strict order of priority:
- Spouse or civil partner (first priority)
- Children (including adopted children)
- Parents
- Siblings, then half-siblings
- Grandparents
- Aunts and uncles
Unmarried partners, stepchildren, and close friends receive nothing under the Rules of Intestacy, regardless of the deceased's wishes. This is one of the strongest arguments for making a will. See our Guide to Making a Will.
Frequently Asked Questions About Probate
Do all estates need probate?
Not always. Probate is generally required where the estate includes property in the deceased's sole name, or where financial institutions require a grant before releasing funds. Smaller estates, jointly held assets, or assets held in trust may not require probate. We can advise you on whether probate is needed in your specific circumstances.
How long does probate take?
Applying for probate only typically takes 3–6 months from the date of death. Full estate administration — including collecting assets, paying debts and distributing to beneficiaries — typically takes 6–18 months. Complex estates, those involving property sales or disputes, or those with inheritance tax liabilities can take longer.
What is the difference between a Grant of Probate and Letters of Administration?
A Grant of Probate is issued where the deceased left a valid will and names an executor. Letters of Administration are issued where there is no will, or where the named executor is unable or unwilling to act. Both documents give the holder authority to deal with the estate.
Can I administer an estate myself without a solicitor?
Yes — there is no legal requirement to use a solicitor. However, many executors choose to seek professional advice, particularly where the estate is complex, includes property, involves inheritance tax, or where family relationships are strained. We can assist with the probate application only, or manage the entire administration on your behalf.
What are an executor's responsibilities?
An executor is responsible for: locating and valuing all assets and liabilities; applying for the grant of probate; collecting assets; paying debts and taxes; preparing estate accounts; and distributing the estate to beneficiaries in accordance with the will. Executors can be personally liable if they distribute the estate incorrectly.
Can I refuse to act as executor?
Yes. Being named as executor in a will does not oblige you to act. You can renounce the role before taking any steps in the administration. If you have already begun to act, the position is more complex and you should seek legal advice before stepping down.
What if there is no will?
Where someone dies without a will (intestate), their estate is distributed according to the Rules of Intestacy. These rules set out a strict order of priority — spouse or civil partner first, then children, then other relatives. The rules do not automatically provide for unmarried partners, stepchildren, or close friends, regardless of the wishes of the deceased.
What if I think the will is invalid?
A will can be challenged on several grounds, including lack of testamentary capacity, undue influence, fraud, or failure to comply with the formal requirements for execution. If you have concerns about the validity of a will, you should seek legal advice promptly — time limits may apply.
What if I have not been adequately provided for in a will?
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain categories of person — including spouses, children and dependants — can apply to the court for reasonable financial provision from an estate if they have not been adequately provided for. Time limits apply. We can advise on whether you may have a claim.
Need Help With Probate?
We offer a confidential initial discussion to help you understand your options. There is no obligation to proceed.