What Is Probate? UK Definition, Process & When It's Needed

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Written by: SL · Reviewed by: SL, Estate Planning Specialist · Last updated: May 2026

Simple definition

Probate is the formal legal process by which the will of a person who has died is "proved" — that is, accepted by a court as valid — and the executor named in the will is given the authority to gather in, value, pay tax on, and distribute the estate. The document granting that authority is called the Grant of Probate.

Where there is no will, or no executor able or willing to act, a similar document — the Grant of Letters of Administration — is issued to the closest qualifying relative under the intestacy rules. The person who receives it is called an administrator rather than an executor, but the legal authority is the same. The two documents are sometimes referred to collectively as a Grant of Representation.

Why probate matters

Without a Grant of Probate (or Letters of Administration), most banks, building societies, share registrars, and HM Land Registry will not release or transfer assets held in the deceased's sole name. The grant is the document an executor presents to each institution as proof of authority to act.

Probate also protects beneficiaries and creditors. The grant confirms that the will has been examined by the Probate Registry, that any inheritance tax due has been declared, and that the executor has accepted personal liability to administer the estate properly.

UK legal context

Where probate sits in UK law

Probate in England and Wales is administered by the Probate Service, part of HM Courts and Tribunals Service. The statutory framework comes from the Senior Courts Act 1981 (Part V) and the Non-Contentious Probate Rules 1987. Scotland uses a different system called Confirmation; Northern Ireland uses a similar process to England and Wales but through its own Probate Office.

When probate is required

Probate is usually required when the estate includes any of the following:

• Real property (a house or land) held in the deceased's sole name, or held as tenants in common
• Bank, building society, or savings accounts above each institution's threshold (£5,000 at some banks; £25,000 to £50,000 at others)
• Shares, investment accounts, or premium bonds in the sole name of the deceased
• An interest in a business held in the deceased's name

When probate is not required

• Property held as joint tenants — passes automatically to the surviving owner by survivorship
• Joint bank accounts
• Life insurance policies written in trust
• Pensions paid under discretionary trust to a nominated beneficiary
• Very small estates where each individual asset is below the institution's release threshold

The application process

The current process in England and Wales is:

1. Register the death within five days and obtain the death certificate.
2. Locate the will and identify the executor(s) named.
3. Value the estate — assets and liabilities at the date of death.
4. Complete an inheritance tax return (form IHT400, IHT205 or, for "excepted estates", report online via GOV.UK).
5. Pay any inheritance tax due — usually within six months of the end of the month of death.
6. Apply for the grant online via GOV.UK or by paper form PA1P (with a will) or PA1A (no will). The HMCTS fee is £300 for estates over £5,000; copies of the grant are £1.50 each.
7. Administer the estate — close accounts, sell or transfer property, settle debts, distribute to beneficiaries, and prepare estate accounts.

How long probate takes

HMCTS published statistics show that, in early 2026, the Grant of Probate is typically issued 4 to 16 weeks after a complete and valid application is submitted, with the median around 8 weeks. The full administration of an estate — from death to final distribution — usually takes 6 to 12 months for a straightforward estate, and 12 to 24 months where there are contested wills, missing beneficiaries, or significant property to sell.

Common mistakes about probate

"You don't need probate if there's a will"

The opposite is often true. A will does not transfer assets by itself — it tells the executor what to do, but the executor still needs the Grant of Probate as legal proof of authority. The will is the instructions; the grant is the keys.

"Solicitors are the only people who can do probate"

Probate can be done by the executor personally via GOV.UK. Fixed-fee probate providers (including ClearLegacy at £495 for a Grant-only service) handle the application end-to-end without the percentage-of-estate fees that high-street solicitors typically charge.

"You have to pay inheritance tax before applying"

Usually correct — at least in part. Inheritance tax is due before the grant is issued, but HMRC's Direct Payment Scheme lets the executor pay IHT directly from the deceased's bank accounts before the grant arrives. Tax on property and certain other assets can be paid in instalments over 10 years.

"Probate is needed for every estate"

Many small estates with no property and only modest savings can be wound up without probate. Each institution sets its own threshold. Banks typically release up to £5,000 to £50,000 against a death certificate and a signed indemnity, with no grant needed.

How a will makes probate easier

A will reduces probate complexity in three concrete ways. It names the executor (so HMCTS does not have to determine who is entitled to apply); it disposes of every asset (avoiding partial intestacy); and it can include a clause appointing professional executors as a backup. For most households, a 20-minute online will saves the executor weeks of work after death.

Frequently asked questions

What is probate in the UK?

Probate is the legal authority to deal with a deceased person's estate. It is issued by HM Courts and Tribunals Service as a Grant of Probate (with a will) or Letters of Administration (without).

Is probate always required?

No. It is needed when the estate includes property in the deceased's sole name or assets above an institution's threshold. Jointly held assets typically pass without probate.

How long does probate take?

The grant is typically issued 4 to 16 weeks after a complete application. Full estate administration usually takes 6 to 12 months for straightforward estates.

How much does probate cost?

HMCTS application fee is £300 for estates over £5,000. Fixed-fee probate services start from £495; solicitor fees on a percentage basis are typically 1% to 5% of estate value.

Who applies for probate?

The executor named in the will, or — where there is no will — the closest qualifying relative under the intestacy rules.

What is the difference between probate and letters of administration?

Probate is issued when there is a valid will; Letters of Administration are issued when there is no will or no acting executor. Both grants give the same legal authority.

Can you do probate yourself?

Yes. Personal applications can be made online via GOV.UK or by paper form (PA1P or PA1A). DIY probate works for simple, non-taxable estates.

Is probate needed if everything is jointly owned?

Usually not. Jointly held assets pass by survivorship and do not require probate.