Probate: Everything You Need to Know

Probate is the legal process of proving that a will is valid and giving the executor the authority to deal with the estate. If there is no will, the equivalent process gives "Letters of Administration" to the closest relative (called the administrator). In Scotland, the process is called "Confirmation". The term "probate" is often used loosely to cover all of these.

You usually need probate if the person owned property in their sole name, had savings above the bank's threshold (typically £5,000 to £50,000, varies by bank), or had investments. You usually do not need probate if all assets were jointly owned (they pass automatically to the surviving owner), or if the estate is small and below bank thresholds. If in doubt, contact the relevant banks and they will tell you whether they require a grant.

First, value the estate by listing all assets and debts. Then complete the inheritance tax form (or report values on the application for simpler estates). Submit form PA1P (with a will) or PA1A (without a will) to the Probate Registry, along with the original will (if applicable), the death certificate, and the £300 court fee. You can apply online at gov.uk/applying-for-probate. The Probate Registry will process it and post you the grant.

The Probate Registry currently takes around 12 to 16 weeks to process applications, though complex cases or those requiring extra checks can take longer. The entire estate administration, from death to final distribution, typically takes 6 to 18 months depending on complexity, whether property needs to be sold, and whether there are any disputes.

The court fee is £300 for estates over £5,000 (free if under). If you use a solicitor, expect to pay 1% to 5% of the estate value, or hourly rates of £150 to £400 or more. For a £300,000 estate, solicitor fees might range from £3,000 to £15,000. Many straightforward estates can be handled with DIY probate, saving thousands.

Yes. For straightforward estates with one property, known beneficiaries, no disputes, and no business interests, DIY probate is perfectly manageable. The government website and helpline (0300 303 0648) guide you through each step. Consider a solicitor if the estate is complex, there are disputes, the person owned a business, there are assets abroad, or there is inheritance tax to pay.

Grant of Probate is issued when there is a valid will. The executor named in the will applies for it. Letters of Administration is issued when there is no will (or the named executors cannot or will not act). The closest living relative, usually the spouse then children, applies for it. Both give legal authority to deal with the estate.

If someone dies without a will (intestate), the estate is distributed according to the rules of intestacy. In England and Wales, the spouse receives the first £322,000 plus personal possessions, with the remainder split between the spouse and children. If there is no spouse, the children inherit everything. Unmarried partners receive nothing under intestacy rules regardless of how long they lived together.

In Scotland, probate is called "Confirmation". You apply to the Sheriff Court rather than the Probate Registry. The process is similar but uses different forms. Estates under £36,000 can use a simplified "small estate" process through the Sheriff Clerk's office without a solicitor. Scotland also has "Legal Rights" which give the spouse and children a fixed share of moveable property, even if the will says otherwise.

If the estate is above the inheritance tax threshold (£325,000, or up to £500,000 with the residence nil-rate band), you may need to pay at least some inheritance tax before probate is granted. You can sometimes arrange to pay from the deceased's bank account using form IHT423, or borrow from a bank to make the payment. Tax on property can be paid in 10 annual instalments.