What is probate and when is it needed?
After someone dies, their property, money, and possessions - collectively known as their “estate” - need to be sorted out and distributed. In many cases, this process involves something called probate.
Probate can sound complicated, but it’s essentially the legal process of administering someone’s estate after they die. Understanding what probate is, when it’s needed, and how it works can help you navigate this important part of dealing with a loved one’s affairs.
What Is Probate?
Probate is the legal process through which a deceased person’s estate is settled. It involves:
- Confirming that the will (if there is one) is valid.
- Identifying and valuing the deceased’s assets.
- Paying any debts, taxes, and funeral expenses.
- Distributing the remaining estate to the beneficiaries.
If the person died with a will, the person named as the executor is responsible for applying for probate and administering the estate. If there’s no will, a close relative (usually a spouse, child, or sibling) can apply to become the “administrator” of the estate.
The legal document you receive after applying for probate is called a “grant of probate” (if there’s a will) or “letters of administration” (if there’s no will). This document gives you the legal authority to access the deceased’s assets and distribute them according to the will or the rules of intestacy.
When Is Probate Needed?
Probate isn’t always required. Whether you need it depends on the size and complexity of the estate.
You Usually Need Probate If:
- The deceased owned property or land in their sole name.
- They had significant savings or investments (usually above £5,000 to £50,000, depending on the bank or institution).
- They had shares in a company.
- They had valuable assets like antiques, art, or vehicles.
Each bank, building society, and financial institution has its own threshold for when they require probate. Some will release funds without it if the amount is below a certain limit (often £5,000 to £25,000), whilst others may require probate regardless of the amount.
You Probably Don’t Need Probate If:
- The deceased’s assets were held jointly with someone else (such as a spouse), as these automatically pass to the surviving owner.
- The estate is very small and consists only of personal belongings and minimal savings.
- The deceased had no property, investments, or significant assets.
If you’re unsure whether probate is needed, it’s worth contacting the deceased’s bank or a solicitor for advice.
How Do You Apply for Probate?
Applying for probate involves several steps, and it can take several weeks or even months to complete, depending on the complexity of the estate.
Step 1: Register the Death
Before you can apply for probate, you need to register the death and obtain death certificates. You can read more about this process in our guide on how to register a death in the UK.
You’ll need the death certificate to apply for probate and to notify banks, insurance companies, and other organisations. For more on death certificates, visit our article on what death certificates are and why you need them.
Step 2: Value the Estate
You need to work out the total value of the estate, including:
- Property and land.
- Bank accounts and savings.
- Investments and shares.
- Personal possessions (jewellery, vehicles, furniture, etc.).
- Any debts owed to the deceased.
You’ll also need to identify and calculate any debts the deceased owed, such as:
- Mortgages and loans.
- Credit card debts.
- Utility bills.
- Funeral expenses.
The net value of the estate is the total value of the assets minus the debts.
Step 3: Check for Inheritance Tax
If the estate is worth more than the Inheritance Tax threshold (currently £325,000, though this can be higher if certain conditions are met), you may need to pay Inheritance Tax before probate is granted.
Inheritance Tax is typically paid at 40% on the value of the estate above the threshold. There are exemptions and reliefs available, such as for estates left to a spouse or civil partner, or if the estate includes a family home passed to direct descendants.
You’ll need to complete an Inheritance Tax form as part of the probate application, even if no tax is due.
Step 4: Apply for the Grant of Probate
Once you’ve valued the estate and completed any necessary tax forms, you can apply for the grant of probate (or letters of administration if there’s no will).
You can apply online or by post through the GOV.UK probate guide. The application fee is currently £273 (though this may be waived if the estate is below a certain value).
You’ll need to provide:
- The original will (if there is one).
- The death certificate.
- Details of the estate’s value.
- Completed Inheritance Tax forms.
Step 5: Receive the Grant
Once your application is processed, you’ll receive the grant of probate or letters of administration. This document gives you the legal authority to access the deceased’s assets, close accounts, sell property, and distribute the estate.
Step 6: Administer the Estate
With the grant in hand, you can:
- Close the deceased’s bank accounts.
- Sell or transfer property.
- Pay any outstanding debts and taxes.
- Distribute the remaining assets to the beneficiaries named in the will (or according to the rules of intestacy if there’s no will).
This process can take several months, particularly if the estate is complex or if there are disputes among beneficiaries.
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How Long Does Probate Take?
The probate process typically takes between 6 and 12 months, though it can take longer if the estate is large or complicated, or if there are legal disputes.
The grant of probate itself is usually issued within 8 to 12 weeks of applying, but the full administration of the estate – including selling property, paying debts, and distributing assets – can take much longer.
Do You Need a Solicitor?
You don’t have to use a solicitor to apply for probate. Many people handle the process themselves, particularly if the estate is straightforward.
However, if the estate is complex, involves overseas assets, or if there are disputes among family members, it may be worth seeking professional legal advice. Solicitors can handle the entire probate process for you, though this comes at a cost (usually a percentage of the estate’s value or an hourly fee).
What If There’s No Will?
If the deceased didn’t leave a will, their estate is distributed according to the rules of intestacy. These are legal rules that determine who inherits the estate based on family relationships.
In general, the estate goes to the closest living relatives in the following order:
- Spouse or civil partner.
- Children (or their descendants if they’ve died).
- Parents.
- Siblings.
- Other relatives.
If there are no living relatives, the estate goes to the Crown.
Applying for probate when there’s no will is similar to the process when there is a will, but you’ll need to apply for letters of administration instead of a grant of probate.
What Happens to Funeral Costs?
Funeral expenses are usually paid from the deceased’s estate before any other debts or distributions. If there’s enough money in the estate, it should cover the cost of the funeral.
For more information on who pays for a funeral and how funeral costs are managed, visit our guide on who pays for a funeral.
Can Probate Be Avoided?
In some cases, you can avoid the need for probate by planning ahead. For example:
- Holding assets jointly with someone else (so they automatically pass to the surviving owner).
- Setting up a trust.
- Making gifts during your lifetime to reduce the value of your estate.
- Naming beneficiaries on life insurance policies and pensions.
These strategies can make the process easier for your loved ones, but they need to be set up whilst you’re still alive.
Final Thoughts
Probate is an important part of settling a deceased person’s affairs, and whilst it can feel overwhelming, it’s a manageable process with the right information and support.
If you’re named as an executor or need to apply for letters of administration, take your time, seek help when you need it, and remember that probate exists to ensure the estate is handled fairly and legally.
For more guidance on what to do after someone dies, including registering the death and arranging the funeral, visit our guide on what to do when someone dies.