What is Probate?

Someone dies. The family gathers. And then, usually within days, somebody realises that the bank won't hand over a single penny from the deceased's accounts. The house can't be sold. Pension companies want paperwork nobody has. Everything stays frozen until someone gets the right paperwork from a court.

Two versions of this exist, and the names are confusing. If the person left a Will, the document is called a "grant of probate." No Will? It's called a "grant of letters of administration." Either way, you apply to the Probate Registry, supply details about the deceased and their assets, and wait for the green light. Once it arrives, banks, the Land Registry, investment platforms, and anyone else holding assets will finally cooperate.

Executors, if the deceased named them in a Will. An executor collects what's owed to the estate, clears what the estate owes to others, and hands out the rest. Where no Will exists, a close relative, most often the husband, wife, or eldest child, volunteers as "administrator" and goes through the same application process.

The government's probate service handles applications, either online or by post. Estates valued above 5,000 pounds pay a 300 pound court fee. Below that threshold, it's free.

Here's something families often don't realise: probate isn't always required at all.

Money sitting in a joint bank account passes automatically to the surviving holder. Property owned as joint tenants works the same way. Life insurance held in trust skips the estate altogether and goes straight to whoever's named on the policy. Individual bank accounts below each bank's own small-estate limit (the number varies; Barclays, HSBC, and Lloyds each set their own somewhere between 5,000 and 15,000) can often be closed with just a death certificate and a form.

The moment you hit a sole-name property, a larger investment portfolio, or shares in a company, probate becomes unavoidable. If you're unsure, ring the bank or asset holder. They'll confirm whether the money can be released without a court order or whether a full grant is needed first.

Once the funeral is out of the way, the slog starts. The executor sits down with a notepad (or a spreadsheet, if they're that sort of person) and pieces together everything the deceased owned and everything they owed. Bank accounts, pensions, credit cards, investments, outstanding loans. Premium bonds bought in 1987 that nobody remembered. A credit card balance that's been quietly accruing interest.

With all of that mapped out, the next question is tax. Then comes the tax question. As of 2026, everyone has a 325,000 nil-rate band (rising to 500,000 if a home is left to children or grandchildren). Anything above that threshold may attract inheritance tax at 40%. And here's the frustrating bit: some or all of that tax bill needs settling before the Probate Registry will even issue the grant, which can mean borrowing against the estate or negotiating a payment arrangement with HMRC. For some families this means borrowing against the estate or making a part-payment arrangement with HMRC.

With the grant finally in hand, things start moving. Bank accounts get closed. Property goes on the market if it needs selling. Pension companies release their payouts. After every asset has been collected, the debts come next in line: funeral bills, credit card balances, unpaid utilities, any loans.

Beneficiaries come last. Nobody gets a penny until every creditor is accounted for. And every transaction along the way needs to be documented, because HMRC might ask for the full trail, and so might any beneficiary who thinks they've been dealt a short hand.

There's no honest single answer to this. Timelines vary so wildly that any estimate needs a fat asterisk next to it. A small estate with cash in the bank, no property to sell, and cooperative financial institutions might wrap up in twelve to sixteen weeks. An estate involving a house sale, inheritance tax, multiple pension providers, and a family that can't agree on who gets the grandfather clock could drag on for eighteen months or longer.

The application itself takes around eight to twelve weeks to process at the Probate Registry, though backlogs do happen and the timeline can stretch without warning.

First up: 300 pounds to the court for the application itself. After that, costs stack up based on what the estate needs. Property might need a professional valuation. Jewellery or antiques might need appraising. Inheritance tax if applicable. Conveyancing fees if property needs selling. And solicitor's charges if you bring one in to manage the process.

DIY probate saves professional fees but demands significant time. Going the full-service solicitor route costs between 2,000 and 5,000 for a clean, uncomplicated estate. Larger estates often attract a percentage-based fee instead, generally 1 to 2% of the total value. Plenty of executors split the difference: they do the straightforward admin themselves and bring in a professional for the tax return or the property conveyancing.

Handing out money too soon is the big one. An executor who distributes the estate before the standard creditor notice period (two months after placing a notice in The London Gazette and a local paper) risks personal liability if a creditor turns up afterwards.

Overlooked assets are another common headache. A pension from a long-ago employer, premium bonds nobody knew existed, an old building society account with a balance that's been compounding quietly for years. Thorough searches at the start prevent nasty surprises at the end.

Getting property values wrong invites trouble with HMRC. If inheritance tax is in play, a professional valuation is worth paying for upfront rather than facing penalties later.

For estates with nothing more than cash in the bank and a clear Will, you can do it yourself. The online application is designed for people without legal training, and plenty of executors manage fine.

Property, inheritance tax, overseas assets, or a family member threatening to contest the Will? That's where a solicitor earns their fee. Someone who does this work week in, week out knows which forms to file when, how to stay on HMRC's good side, and how to shield you from personal liability if something goes sideways.

Probate still happens whether there's a Will or not, but the difference in how it runs is night and day. Named executors know from day one that the responsibility is theirs. Beneficiaries are specified, so there's no ambiguity about who receives what. Trusts written into the Will can reduce the taxable estate. Clear written instructions cut out ambiguity, which cuts out arguments, which cuts out solicitor bills.

Take the Will away and the picture changes dramatically. An administrator has to follow intestacy rules that can produce deeply unwelcome results, and without a named executor the question of "who's actually in charge here?" can ignite family tensions at the worst possible moment.

You can't apply for probate in advance; it happens after a death. But the best thing you can do right now to help your family through it is to have a clear, current Will and a rough list of your assets stored somewhere your executors can find it.