If you’ve been named an executor — or are stepping up as next of kin when there is no will — you may be navigating probate for the first time.
This guide explains what probate is, when it’s needed, and what steps are involved in the UK.
🌱 At a glance: What is probate?
- Probate = the legal authority to manage someone’s estate after they die.
- If there’s a will → apply for a Grant of Probate.
- If there’s no will → apply for Letters of Administration.
- Probate is usually needed if there’s property, savings, or complex finances.
- Some estates don’t require probate (joint accounts, small amounts).
⚖️ What is probate in the UK?
Probate is the legal process of proving a will and giving someone authority to handle the estate.
- With a will → apply for a Grant of Probate.
- Without a will → apply for Letters of Administration.
The responsibilities are similar: secure property, pay debts, and distribute assets.
📌 When is probate required in the UK?
You usually need probate if the person who died:
- Owned property or land in their sole name
- Had savings or investments above a certain threshold (banks vary: £5,000–£50,000)
- Left complex financial affairs (business, overseas assets, multiple accounts)
You may not need probate if:
- All assets were held in joint names
- The estate is small and banks release funds without a grant
💡 Each bank has its own limits — some require probate for balances over £10,000, others only over £50,000.
🧠 What does an executor (or administrator) do?
As executor (or administrator), you are legally responsible for:
- Registering the death
- Securing the estate (property, valuables, post)
- Gathering assets and paying debts
- Calculating and paying Inheritance Tax (IHT)
- Applying for probate or letters of administration
- Distributing the estate according to the will or intestacy rules
💡 You can apply yourself, or appoint a solicitor or probate specialist to act for you.
💷 How much does probate cost — and how long does it take?
- Application fee (England & Wales): £273 (free if estate under £5,000)
- Grant of Probate time: usually 4–8 weeks from application
- Full process: 3–12 months, depending on estate complexity
📄 What documents do you need to apply?
Typically required:
- The original will (if there is one)
- The death certificate
- Completed Inheritance Tax forms (even if no tax is due)
- An estate valuation (list of assets and debts)
- Your ID documents
💡 Should you get help with probate?
You can apply for probate yourself via GOV.UK. But professional support may help if:
- The estate is complex or disputed
- There are overseas assets
- You feel unsure about the tax paperwork
- You are grieving and want less stress