Probate

Probate is the legal right to deal with someone's property, money, and possessions — their estate — after they die. Without it, banks and other institutions won't release assets, and you can't sell or transfer property in the deceased's name. If you've just encountered the word for the first time, this guide explains what probate involves, when you need it, and how to apply.

Do you need probate?

Not every estate requires probate. Whether you need it depends primarily on what assets the person owned and how they held them.

You may not need probate if:

• The person held only modest savings — many banks will release small balances without a grant (thresholds vary by institution, typically £5,000–£50,000, so contact each one directly)
• Assets were held jointly — property owned as joint tenants and joint bank accounts pass automatically to the surviving owner by right of survivorship, outside the estate
• Assets passed via nomination or trust — pension death benefits and some life insurance policies are written in trust, so they pay out directly without probate

You will usually need probate if the person owned property in their sole name, had significant savings or investments, or held shares in a company. The safest first step is to contact each financial institution directly and ask whether they require a grant of representation before they'll release funds. Gov.uk recommends doing this before applying, so you know whether the application is necessary at all.

The two types of grant

The type of grant you apply for depends on whether the person left a will.

• Grant of Probate — issued when there is a valid will. The executors named in the will apply. This authorises them to administer the estate according to the will's instructions.
• Letters of Administration — issued when there is no will (intestacy), or when a will exists but names no executor, or the named executor is unable to apply. The closest living relative applies as administrator — spouse or civil partner first, then adult children, then more distant relatives in order of entitlement.

In both cases, the document issued is sometimes called a "grant of representation." It's the same thing — the term covers both grant of probate and letters of administration. Gov.uk explains both routes in detail.

Who applies?

If there is a will, the executor named in it applies — or, if there are several executors, up to four can be named on the application, with one designated as the lead applicant. Executors have a legal duty to act in the interests of the estate and its beneficiaries.

If there is no will, the administrator is the closest eligible relative. They have the same legal duties as an executor, but they must distribute the estate according to intestacy rules rather than a will. See gov.uk on who inherits when there's no will for the full order of entitlement.

If there are complex circumstances — multiple potential applicants, a disputed will, missing beneficiaries, or overseas assets — it's worth taking legal advice before applying. A solicitor specialising in probate can help you avoid mistakes that create personal liability.

How to apply

Before applying, you'll need to estimate the estate's value and work out whether Inheritance Tax is owed. If a full Inheritance Tax return is required, you'll need to complete HMRC form IHT400 and start paying any tax due before probate can be granted. HMRC will then give you a unique code to include in your probate application.

You can apply online via MyHMCTS or by post to the Probate Registry. Online applications are processed faster. You'll need the original will (if there is one) and a death certificate.

The application fee is £300 for estates valued above £5,000. There is no fee for estates of £5,000 or less. Additional sealed copies of the grant cost £16 each — order several, as banks, solicitors, and other institutions each typically want an original. Fees are set by the government and correct as of 2024; check gov.uk for current figures.

How long does probate take?

Once your application is submitted, probate typically takes around 12 weeks, according to gov.uk. Paper applications take longer than online ones. If Inheritance Tax is involved, the overall process from valuation to grant can take considerably longer — six months or more is not unusual for larger or more complex estates.

Contested estates — where someone challenges the validity of the will or disputes the distribution — can take years and are best handled with legal representation from the outset.

What happens after probate is granted?

Once you hold the grant, you can begin collecting assets, paying debts, and distributing the estate. Banks will release funds on sight of the original grant. Property can be transferred or sold. This phase is called estate administration, and executors are personally liable for doing it correctly — paying outstanding debts and taxes before distributing to beneficiaries.

Most executors have a year from the date of death (the "executor's year") to complete administration before beneficiaries can formally complain about delay, though you should aim to move faster where possible.

Related guides

Probate sits at the centre of several overlapping processes. You may also find these helpful:

• Notifying organisations — who to contact and when, including banks and government departments
• What happens to assets — how bank accounts, property, pensions, and debts are handled after a death
• Bereavement benefits — financial support you may be entitled to claim