What is probate — and when do you need it?
Probate is the legal process of finalising someone's affairs after they die: proving their will (if they left one), gathering their assets, paying their debts and any Inheritance Tax, and distributing what remains to the beneficiaries. The formal permission to do all this is called a Grant of Probate when there is a will, and Letters of Administration when there is not.
You usually need probate when the estate includes:
- A property owned solely in the deceased's name (or as tenants in common).
- Bank or building society accounts above the provider's threshold (usually around £5,000–£50,000 depending on the institution).
- Stocks, bonds, or shares.
- Inheritance Tax payable (estates above the £325,000 Nil Rate Band or £500,000 Residence Nil Rate Band for a family home passing to direct descendants).
You usually do not need probate when everything is held in joint names with a surviving spouse, and the total estate is small and cash-only.
Free assessment. If you are unsure whether probate is needed, start the process and we will tell you — without charge. If probate is not required, we say so. No pressure to proceed.
Why fixed-fee probate matters
Traditional solicitor probate is typically charged as a percentage of the estate — commonly 2% to 5%. On a £500,000 estate (a modest family home plus savings), that is £10,000 to £25,000 in professional fees. For the same process. For largely the same amount of work as on a £200,000 estate.
This is historic pricing that exists because solicitors have charged this way for a century, not because it reflects the work involved. At ClearLegacy, we charge a fixed fee set by the complexity of the estate, not by its size. A straightforward estate costs £1,995 for full administration whether it is worth £100,000 or £1,000,000.
How ClearLegacy probate works
- Initial assessment — we review the estate and tell you whether probate is needed, what it will cost, and roughly how long it will take.
- Asset gathering — we write to banks, pension providers, investment platforms and other asset holders to establish exact values at date of death.
- Debt and IHT returns — we calculate any Inheritance Tax, prepare and submit the IHT400 or IHT205/207 forms, and arrange payment where required.
- Grant application — we prepare and submit the probate application to the Probate Registry on your behalf.
- Distribution — once the Grant issues, we collect in the assets, settle remaining liabilities, and distribute the estate in line with the will.
- Final estate accounts — we produce clear estate accounts showing every receipt and payment, signed off by the executors.
Two service tiers
Grant Only (£495)
We prepare and submit the probate application. You handle the asset-gathering and distribution yourself using our step-by-step guidance. Ideal for confident executors dealing with a simple estate.
Full Estate Administration (£1,995)
We handle everything end to end — from initial notifications to final estate accounts. You sign what you need to sign, we do the rest. Ideal for executors who do not want to deal with the admin or who are juggling work, grief, and family at once.
Inheritance Tax — the key numbers
- Nil Rate Band (NRB): £325,000 — the threshold below which no IHT is due.
- Residence Nil Rate Band (RNRB): £175,000 — an additional allowance when a family home passes to direct descendants.
- Combined allowance: Up to £500,000 per person, or £1 million for married couples using both allowances and both RNRBs.
- Standard IHT rate: 40% on the portion of the estate above the applicable threshold.
- Reduced rate: 36% if 10% or more of the estate is left to charity.
The rules around Residence Nil Rate Band, lifetime gifts and trusts are complex. Where IHT is likely payable, we walk you through the calculation in plain language before any forms are submitted.