How Probate Works in the UK: Plain English Guide (2026)
How Probate Works in the UK: Plain English Guide
Probate is one of those words that sounds intimidating but describes a relatively straightforward process. When someone dies, their assets need to be collected, their debts paid, and what's left distributed to the people who should receive it. Probate gives someone the legal authority to do this.
This guide explains when you need probate, how to apply, what it costs, and whether you can handle it yourself or need professional help.
Table of Contents
- What Is Probate?
- Do You Need Probate?
- Grant of Probate vs Letters of Administration
- How to Apply for Probate
- Probate Costs
- The Full Probate Process
- DIY vs Professional Help
- FAQ
- Next Steps
What Is Probate? {#what-is-probate}
Probate is the legal authority to deal with a deceased person's estate. The "estate" includes everything they owned: property, bank accounts, investments, possessions, and debts.
The Document You Get
When you apply successfully, you receive a Grant of Probate (if there's a will) or Letters of Administration (if there's no will). This document:
- Confirms who has authority to deal with the estate
- Is accepted by banks, building societies, and Land Registry
- Allows you to sell property, close accounts, and distribute inheritance
- Is a public document (anyone can search for it)
Why Banks Need It
Banks don't just release money to anyone who asks. The grant proves:
- The will is valid (if there is one)
- You're the person legally entitled to act
- The estate is being handled properly
Without it, they'd be liable if they gave money to the wrong person.
Do You Need Probate? {#do-you-need}
Not every estate requires probate. Here's when you typically do and don't need it.
You Probably NEED Probate If:
- The deceased owned property (sole ownership or tenants in common)
- Bank accounts total more than £5,000-50,000 (each bank sets its own threshold)
- There are shares or investments
- The estate includes premium bonds over £5,000
- There's a life insurance policy (some require probate, some don't)
You Probably DON'T Need Probate If:
- All assets were jointly owned (they pass automatically to the survivor)
- Assets are below bank thresholds
- Everything goes to a surviving spouse via joint ownership
- The estate consists only of cash and personal possessions
Bank Thresholds (2026 Typical)
Different institutions have different limits before requiring probate:
Important: These thresholds are per institution, not total. If someone had £20,000 in each of three banks with £25,000 thresholds, no single bank requires probate, even though the total is £60,000.
Always check directly with each institution - thresholds can change and may depend on individual circumstances.
Grant of Probate vs Letters of Administration {#grant-vs-letters}
The document you apply for depends on whether there's a valid will.
Grant of Probate
When: There is a valid will naming executors
Who applies: The executors named in the will
What it does: Confirms the executors' authority to carry out the will
Letters of Administration
When: There is no will (intestate estate)
Who applies: Next of kin in priority order:
- Spouse or civil partner
- Children (over 18)
- Parents
- Siblings
- Other relatives
What it does: Gives the administrator authority to distribute the estate according to intestacy rules
Letters of Administration with Will Annexed
When: There's a will but the executors cannot or won't act
Who applies: Beneficiaries, in order of their interest in the estate
What it does: Allows someone else to administer the estate according to the will
How to Apply for Probate {#how-to-apply}
The application process involves several steps. You can apply online or by post.
Probate Costs {#costs}
Application Fee
| Estate Value | Fee |
|---|---|
| Under £5,000 | Free |
| £5,000 or more | £300 |
Extra copies of the grant: £1.50 each (order 5-10 - you'll need them)
Other Potential Costs
If you use a solicitor:
- Fixed fee: £1,500-5,000 for straightforward estates
- Percentage of estate: 1-4% of estate value
- Hourly rate: £150-400 per hour
If you use a probate specialist (non-solicitor):
- Often 1-2% of estate value
- May be cheaper than solicitors but check qualifications
If you do it yourself:
- Just the application fee
- Your time (significant but manageable for simple estates)
Inheritance tax (if applicable):
- 40% on estate value above threshold
- This is a tax, not a probate cost, but must be paid before or with the application
The Full Probate Process {#full-process}
Getting the grant is just step one. Here's the complete timeline for administering an estate.
Phase 1: Before Applying (2-4 weeks)
Tasks:
- Locate the will
- Register the death
- Notify banks and freeze accounts
- Value all assets at date of death
- List all debts and liabilities
- Calculate if inheritance tax is due
Phase 2: Application (4-8 weeks)
Tasks:
- Submit probate application
- Pay any inheritance tax due
- Wait for the grant
Phase 3: Collecting Assets (4-12 weeks)
Tasks:
- Send grant to each bank/institution
- Close accounts and collect funds
- Sell shares if appropriate
- Sell property if needed (can take months)
- Receive life insurance payouts
Phase 4: Paying Debts (2-4 weeks)
Tasks:
- Pay funeral costs
- Pay outstanding bills
- Settle credit cards and loans
- Pay any final income tax
- Place statutory notices for creditors (protects executor)
Phase 5: Distribution (2-4 weeks)
Tasks:
- Prepare estate accounts
- Distribute to beneficiaries
- Get beneficiaries to sign receipt
- Retain records for 12 years
Total Timeline
| Estate Type | Typical Duration |
|---|---|
| Simple (no property) | 3-6 months |
| Standard (with property, sold quickly) | 6-9 months |
| Complex (multiple properties, disputes) | 12-24 months |
| Contested estate | 2+ years |
DIY vs Professional Help {#diy-vs-professional}
Can you do probate yourself? Often, yes. Should you? It depends.
Do It Yourself If:
- The estate is straightforward
- You have time to manage the process
- There are no disputes between beneficiaries
- No inheritance tax is due
- The will is clear and unambiguous
- You're comfortable with paperwork
Time commitment: 20-50 hours over several months
Use a Professional If:
- The estate is large or complex
- There's property in multiple jurisdictions
- Inheritance tax is payable
- The will is unclear or contested
- There are disputes between beneficiaries
- Business assets are involved
- There might be claims against the estate
- You don't have time or inclination
Hybrid Approach
Many people:
- Do the basic administration themselves
- Get a solicitor to check their work
- Ask for help only on specific complex issues
This keeps costs down while ensuring you don't make expensive mistakes.
Inheritance Tax Basics
You can't apply for probate without addressing inheritance tax (IHT), so here's a quick overview.
IHT Thresholds (2025/26)
| Threshold | Amount |
|---|---|
| Standard nil-rate band | £325,000 |
| Residence nil-rate band | £175,000 (if passing home to direct descendants) |
| Combined maximum | £500,000 per person |
| Transferable between spouses | Up to £1,000,000 for a couple |
When IHT Is Due
If the estate value exceeds the available thresholds, IHT is charged at 40% on the excess.
Example:
- Estate value: £600,000
- Available threshold: £500,000 (including residence nil-rate band)
- Taxable amount: £100,000
- IHT due: £40,000 (40% of £100,000)
Paying IHT
- IHT must be paid within 6 months of death
- Can pay in instalments for property (over 10 years)
- Must be paid before or with probate application for most estates
- Banks can release funds specifically for IHT payment
Common Mistakes to Avoid
1. Distributing Too Early
Don't distribute inheritance until you're certain all debts are paid. Executors are personally liable if they give money to beneficiaries and then can't pay creditors.
Solution: Wait for debts to be cleared and consider placing a Section 27 notice.
2. Missing the IHT Deadline
IHT is due within 6 months. Interest is charged from then, even if you're waiting for probate.
Solution: Estimate early and pay on time. You can reclaim overpayments.
3. Not Getting Property Valued Properly
HMRC can challenge values later, resulting in additional tax.
Solution: Get formal valuations, especially for property and valuable items.
4. Forgetting About Income Tax
The deceased may have had untaxed income in their final tax year.
Solution: Complete a tax return for the period from last April 6 to death.
5. Not Keeping Records
You might need to justify your decisions years later.
Solution: Keep everything for at least 12 years.
Frequently Asked Questions {#frequently-asked-questions}
Key Takeaways
- Not everyone needs probate: Small estates with joint assets often don't require it
- Application fee: £300 (free if estate under £5,000)
- Timeline: Grant takes 4-8 weeks; full process takes 6-12 months
- DIY is possible: For straightforward estates, you can do it yourself
- IHT must be addressed: Even if no tax is due, you need to confirm this in the application
- Keep records: For at least 12 years in case of queries
Next Steps {#next-steps}
Last updated: January 2026. This guide is for informational purposes only and does not constitute legal advice. Probate procedures may differ in Scotland (called Confirmation) and Northern Ireland.
Last updated: 11 January 2026