Understanding probate

Probate is the legal process that gives you the authority to deal with a deceased person's estate: their money, property, and possessions. In England and Wales, this authority is called a "Grant of Probate" if there is a will, or "Letters of Administration" if there is no will.

Without a grant, most banks, building societies, and land registries will not release funds or transfer property. Probate is the formal legal confirmation that you have the right to act.

Not every death requires probate. You may not need it if:

• The estate is small (most banks have a threshold, typically £5,000–£25,000, below which they will release funds without a grant)
• All assets were jointly owned (they pass automatically to the surviving owner)
• Assets have a named beneficiary, such as life insurance or pension death benefits

You will almost always need probate if the deceased owned property solely in their name, had savings or investments above the bank's threshold, or had shares or business interests.

If there is a valid will, the executor named in the will applies for probate. If there are multiple executors, they can apply jointly or one can apply with the others "renouncing" their role.

If there is no will (the person died "intestate"), the nearest living relative applies for Letters of Administration. The order of priority is: spouse or civil partner, then children, then parents, then siblings.

Before applying, you need to value the estate (all assets minus all debts) and determine whether Inheritance Tax is owed. If it is, HMRC must be notified and any tax due must usually be paid before probate is granted.

You can apply online at the HMCTS Probate Service website, or by post using form PA1P (with a will) or PA1A (without a will). You will need the original will (if there is one), the death certificate, and the estate valuation.

The court fee is £273 for estates over £5,000. There is no fee for estates worth £5,000 or less.

A straightforward probate application currently takes around 8–16 weeks from submission to grant. Once the grant is issued, distributing the estate (paying debts, closing accounts, transferring property) typically takes a further 2–6 months.

Complex estates involving property, business interests, overseas assets, or disputed wills can take considerably longer. If the estate is likely to be contested, seek specialist legal advice early.

Many people manage probate themselves, particularly for straightforward estates. The HMCTS online service has made self-application more accessible.

Consider using a solicitor if: the estate is large or complex, there is no will, the will is likely to be challenged, there are overseas assets, or the estate may be insolvent.

Solicitors typically charge either a fixed fee (often £1,500–£3,000 for a simple estate) or a percentage of the estate value (1–3%). Always ask for a written quote before instructing.