What is probate

Probate is the legal process of dealing with a person's estate after they die. It involves proving that a will is valid (if there is one), getting formal authority to act on behalf of the estate, paying any debts and tax, and distributing what remains to the people entitled to receive it.

Most people encounter it for the first time while dealing with a bereavement. The name does not help much. This guide explains what probate actually involves, when it is needed, who does it, and what happens if there is no will.

What probate involves in practice

At its core, probate is about establishing the authority to act. When someone dies, their assets are frozen. Banks, insurers, HMRC, and other institutions will not release money or transfer property to anyone until they have seen evidence that the person asking has a legal right to deal with the estate.

That evidence is the grant of probate, a document issued by the Probate Registry (part of HMCTS) confirming that the named executor has authority to administer the estate.

Getting to that grant requires several things to happen first:

• Valuing all the assets and liabilities of the estate

• Completing an inheritance tax return and paying any tax due

• Submitting an application to the Probate Registry

• Swearing a legal statement confirming the accuracy of the application

Once the grant is issued, the executor can collect assets, pay debts, and distribute the estate to beneficiaries.

When is probate needed?

Not every death requires probate. Whether it is needed depends on what the deceased owned and how it was held.

Probate is usually needed when:

• The deceased owned property in their sole name

• They had bank accounts or investments above the threshold at which the institution will release funds without a grant (typically around £5,000 to £50,000 depending on the bank)

• They held shares or other investments registered in their name

Probate is usually not needed when:

• All assets were held jointly with a surviving partner (joint tenancy property and joint bank accounts pass automatically)

• The estate is very small and institutions are willing to release funds without a grant

• All assets had named beneficiaries (such as pension funds and life insurance policies with nominations in place)

If you are unsure whether probate is required, contact the relevant institutions directly. Most banks will tell you their threshold.

Grant of probate vs letters of administration

These two terms refer to the same type of document (formal authority to administer an estate) but they apply in different situations.

Grant of probate is issued when the deceased left a valid will naming an executor, and that executor applies to the Probate Registry.

Letters of administration is issued when there is no valid will, when no executor was named, or when all named executors have died or declined to act. In this case, a relative or other eligible person applies to become the administrator instead.

The practical authority granted by both documents is the same. For more detail on the letters of administration route, see our guide on [letters of administration UK].

Who deals with probate?

If there is a will, the executor named in it is responsible. Executors are often family members or close friends of the deceased, though solicitors or professional will writers are sometimes named. Being named as executor does not mean you are obliged to act. You can renounce the role, but if you accept it, you take on legal responsibility for the estate.

If there is no will, an administrator takes on the equivalent role. The right to apply follows a fixed order of priority: surviving spouse or civil partner first, then children, then other relatives in sequence.

Both executors and administrators can appoint a solicitor to help with some or all of the work. Using a solicitor does not remove the executor's legal responsibility. It delegates the practical tasks, and costs are payable from the estate.

Does probate always involve inheritance tax?

No. Most estates do not pay inheritance tax.

Inheritance tax applies to estates above the nil rate band, currently £325,000. Various reliefs and exemptions can increase this threshold significantly: the residence nil rate band (up to £175,000 when a home is left to direct descendants), spousal exemption (transfers between spouses are generally exempt), and business or agricultural property reliefs.

HMRC estimates that around 4% of estates pay inheritance tax each year. The majority of probate applications involve no tax at all.

That said, all estates above a certain size must submit an inheritance tax return regardless of whether tax is owed, simply to confirm to HMRC that no liability exists.

What happens if there is no will?

If the deceased died without a valid will, known as dying intestate, probate still happens, but the process differs in two ways.

First, letters of administration are required rather than a grant of probate, and the applicant must be an eligible relative rather than a named executor.

Second, the estate is distributed according to the intestacy rules rather than according to the deceased's wishes. These rules follow a fixed hierarchy: spouse or civil partner first, then children, then other relatives in sequence. Unmarried partners have no automatic entitlement under intestacy, regardless of how long the relationship lasted.

For a full explanation of who inherits without a will, see our guide on [intestacy rules UK].

How long does probate take?

A straightforward estate can go from death to final distribution in around six months. Most estates with any complexity take nine to eighteen months. Factors that add time include property sales, inheritance tax queries, disputes between beneficiaries, missing accounts or assets, and delays at the Probate Registry itself.

The Probate Registry currently processes most straightforward applications in eight to sixteen weeks, though this fluctuates.

For a detailed breakdown of each stage and what affects the timeline, see our guide on [how long does probate take in the UK].

What probate does not cover

A common source of confusion is what falls outside the estate entirely and therefore outside probate.

• Jointly owned property held as joint tenants passes automatically to the surviving owner and does not form part of the estate

• Pension funds with a nominated beneficiary are paid directly by the pension provider, not through the estate

• Life insurance policies with a named beneficiary are paid directly to that person

• Joint bank accounts pass automatically to the surviving account holder

None of these need probate. They are dealt with separately, directly with the relevant institution.

Finding and closing accounts during probate

One of the most time-consuming parts of estate administration is identifying what accounts existed and notifying each organisation individually. Banks, pension providers, insurers, subscription services, and utilities each have their own processes. None are connected to each other or to the probate process. Each requires separate contact, separate proof of death, and once the grant is issued, separate proof of authority.

Many accounts can be notified before the grant is in hand. Closing them typically requires confirmation once the grant is available. Acting early reduces the risk of ongoing charges and fraud exposure.

Legacy Trail helps families and executors identify accounts and notify organisations centrally, reducing the number of individual contacts required. Find out more at legacytrail.co.uk

Useful links

• Apply for probate (gov.uk): gov.uk/apply-for-probate

• Inheritance tax thresholds and reliefs (gov.uk): gov.uk/inheritance-tax

• Who inherits if there is no will (gov.uk): gov.uk/inherits-someone-dies-without-will

• Find a solicitor (Law Society): solicitors.lawsociety.org.uk