Probate is the legal process of dealing with someone's estate after they die. It involves proving the will is valid (if there is one), valuing the estate, paying debts and taxes, and distributing what's left to the beneficiaries.
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Probate Explained Simply
When someone dies, their assets are frozen. Banks won't release money, properties can't be sold, and investments can't be accessed. Probate gives someone legal authority to unlock these assets and distribute them.
The person who handles probate is called:
- Executor - if there's a valid will naming them
- Administrator - if there's no will (intestacy)
The Grant of Probate
The key document is called a "Grant of Representation." This comes in two forms:
- Grant of Probate - when there's a valid will
- Letters of Administration - when there's no will
This document is issued by the Probate Registry and gives the executor/administrator legal authority to deal with the estate.
When Do You Need Probate?
You typically need probate if the deceased:
- Owned property (house, flat, land) in their sole name
- Had savings or investments over certain thresholds (varies by institution, typically £5,000-50,000)
- Had shares or premium bonds
When You Might NOT Need Probate
- All assets were jointly owned (pass automatically to survivor)
- The estate is very small (under £10,000)
- All assets were in trust
- Only small bank accounts under each bank's threshold
The Probate Process: Step by Step
Step 1: Register the Death
Get the death certificate. You'll need multiple copies.
Step 2: Find the Will
Check at home, with solicitors, or the Probate Registry storage service.
Step 3: Value the Estate
List all assets and debts. You'll need:
- Property valuations
- Bank statements
- Investment valuations
- Pension details
- Outstanding debts
Step 4: Complete Inheritance Tax Forms
Even if no tax is due, you must report to HMRC. Use form IHT400 (taxable estates) or IHT205 (excepted estates).
Step 5: Apply for the Grant
Submit the probate application online or by post. Pay the fee (£300 for estates over £5,000).
Step 6: Pay Debts and Taxes
Clear all outstanding debts, including any inheritance tax due.
Step 7: Distribute the Estate
Once everything is paid, distribute assets according to the will or intestacy rules.
How Long Does Probate Take?
| Stage | Typical Time |
|---|---|
| Getting grant of probate | 8-12 weeks |
| Simple estate (total) | 6-9 months |
| Complex estate (total) | 1-2 years |
| Contested estate | 2+ years |
How Much Does Probate Cost?
Court Fees
- £300 for estates over £5,000
- £1.50 per additional copy of the grant
- Free for estates under £5,000
Professional Fees (if using a solicitor)
- Simple estate: £1,500 - £3,000
- Medium estate: £3,000 - £7,000
- Complex estate: £7,000 - £15,000+
- Some solicitors charge 1-4% of estate value
DIY Probate
You can do probate yourself using the government's online service. This saves professional fees but takes significant time and effort.
Can You Avoid Probate?
Some strategies can help assets pass without probate:
- Joint ownership - property and accounts held as joint tenants pass automatically
- Nominating beneficiaries - pensions and life insurance pay directly to named beneficiaries
- Trusts - assets in trust bypass probate
- Gifts during lifetime - assets given away are no longer part of your estate
Frequently Asked Questions
How long after death is probate?
You can apply for probate as soon as you have the death certificate. Most people apply within a few weeks of the death.
Do all estates go through probate?
No. Small estates and those where all assets were jointly owned may not need probate.
Can executors be paid?
Executors can claim reasonable expenses. Professional executors can charge fees as set out in the will.
What if there's no will?
You apply for Letters of Administration instead. The process is similar but follows intestacy rules for distribution.
Can probate be contested?
Yes, usually within 6 months of the grant. Common grounds include undue influence, lack of capacity, or improper execution.