What Is Probate?

28 April 2025

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When someone passes away, their property, money, and assets need to be properly managed and distributed - this is done through a process known as probate. Probate is the legal procedure for handling the estate of the deceased, whether or not they left a Will. It ensures that debts are settled and any remaining assets are passed on to the rightful beneficiaries.

While the concept may seem straightforward, probate can be tricky to navigate on your own, especially if the estate is large or complicated. Legal paperwork, approaching deadlines, and potential disputes can quickly become overwhelming; that’s why it’s often advisable to seek professional support from a probate specialist, who can provide expert advice and guide you through the process with confidence and care.

Understanding Probate

Probate is an important legal process by which the estate of the deceased (assets and property) is handled and distributed to the correct people - be that as outlined in the Will if present, or through the rules of intestacy if a Will hasn’t been written.

In situations where a Will has been provided, an “executor” is tasked with executing the wishes of the deceased; note that multiple executors can be appointed. In cases where there is no Will or where the executors named in the Will have predeceased, someone must be appointed as an “administrator”.

What Is a Grant of Probate?

A grant of probate is an official legal document issued by the Probate Registry that confirms the validity of a Will and gives the executor the authority to manage and distribute the deceased's estate. This authority includes accessing bank accounts, settling debts, and handling assets once someone passes away.

However, if a Will hasn’t been left, then a grant of letters of administration is issued instead; a process guided by the Administration of Estates Act 1925. Much like a grant of probate, this document also provides an individual (the administrator) with the legal authority to handle the deceased's estate. The overarching term which encompasses both of these grants is known as the grant of representation.

What Are the Stages of Probate?

Typically, probate works in seven stages - for more information on each, explore our dedicated guide for the stages of probate.

Stage One: Valuing an estate’s assets and liabilities.
Stage Two: Preparing the inheritance tax return for HMRC.
Stage Three: Applying for probate, usually through an online application which includes submitting a signed legal statement and the Will (if present) to the Probate Registry.
Stage Four: Receiving the grant of representation
Stage Five: Collecting the deceased’s assets, for example, encashing bank accounts and investments.
Stage Six: Informing the beneficiaries (depending on the individual matter).
Stage Seven: Paying debts & distributing assets to the correct beneficiaries

When Is Probate Required?

Probate is a necessary part of estate administration for the majority of cases in England and Wales. A common example includes when a deceased person’s assets held solely in their name, including property or investments, need to be legally transferred to their correct beneficiaries. However, there are some circumstances where probate may not be required:

Assets held in joint tenancy automatically pass directly to the surviving owner.
Owned shares or money with others, such as a surviving partner, will be passed on.
Small estates with no property and less than £5,000 in the bank typically avoid probate.
Assets held in a trust are generally distributed per the trust’s terms, rather than probate.

Who Can Apply for Probate?

A probate application can only be filed by the executor(s) named in the deceased’s Will. If someone dies intestate (without a Will), then the rules of intestacy will determine who can apply to administer an estate instead.

In some circumstances, the executor may not want to administer the estate themselves, due to reasons such as living far away, lacking the time or expertise, or emotional distress. To ensure the process is still carried out properly, legal professionals can apply for probate on someone’s behalf, ensuring all proper formalities are followed.

How Can I Apply for Probate?

In England and Wales, there are two main ways to apply for probate:

Applying Online

Perhaps the most common way of applying for probate is through the GOV.UK portal, accounting for around 80% of applications. This process is straightforward and involves the digital uploading of several documents, such as the original Will, the value of the estate for inheritance tax (IHT), the details of the person who has died, the contact details of the applicant, and a payment method (if you need to pay a fee).

This digital service caters for both scenarios: applications with and without a Will.

Applying by Post

In some circumstances, it is not possible to apply for probate online and a paper application form must be submitted. When the deceased leaves behind a valid Will and the named executor is applying for a grant of probate, then form PA1P is required. However, form PA1A is used when there is no Will, and a close relative is applying for letters of administration.

The completed form, along with supporting documents such as the original Will (if applicable), the death certificate, and an inventory of the estate’s assets and liabilities, is submitted by post to the Probate Registry.

How Does Probate Change With or Without a Will?

Probate without a Will can be challenging, often leading to disputes when certain family members feel they’re entitled to the deceased’s estate. Therefore, legal professionals will always recommend that a legally sound, valid Will is in place - especially for those considered high-net-worth individuals (HNWIs).

The table below compares the contrasting elements of the probate process when a Will is and is not present:

	With a Will	Without a Will
Application Authority	The executor(s) named in the Will apply for a grant of probate.	Who can administer the estate is governed by the Non-Contentious Probate Rules.
Legal Documentation	The grant of probate validates the Will and empowers the executor(s).	The letters of administration are issued under the rules of intestacy.
Estate Distribution	Assets are distributed according to the deceased’s wishes.	Assets are distributed following the rules of intestacy, which set out a statutory order of priority.
Decision-Making Control	The executor(s) manage and administer the estate as specified in the Will.	The administrator must follow legal guidelines to distribute the estate, dictated by intestacy law.
Process Complexity	Typically more straightforward if the Will is clear and valid.	It may be more complex, since distribution follows preset rules rather than personal wishes.

How Much Does Probate Cost?

There are several costs associated with probate, including valuation expenses, legal fees, and administrative costs. The biggest deciding factor for how much you’ll need to pay depends on the estate’s size and complexity - the smaller and more simple an estate is, the less it will cost, with property valuation fees ranging between £100 to £1,000. For a complete breakdown of what you may need to pay, explore our related article on the fees associated with probate.

Understanding Inheritance Tax (IHT)

IHT is calculated on the total value of an estate, with allowances including the £325,000 Nil Rate Band and, if passing the family home to direct descendants, the £175,000 Residence Nil Rate Band. As of the November 2024 budget, these rates are frozen until 2030. Other exemptions may apply, but estates above the threshold are taxed at 40%. If IHT is due, an Inheritance Tax Account (form IHT400) must be submitted to HMRC.

Understanding Legal Fees

Many solicitors charge 2% to 5% of the estate’s value or involve fixed fees, which can lead to disproportionate costs for the work that is actually completed. At Culver Law, we charge based on time spent, so clients only pay for the exact service they receive. Unlike firms that round up charges in 6-minute intervals, we charge in 1-minute increments - a fairer and more accurate approach.

How Long Does Probate Take?

In the majority of cases, the probate process is concluded within 9 to 12 months, giving it the name “executor’s year”. This timeframe is relatively consistent regardless of whether someone is applying for a grant of probate or a grant of letters of administration. The following graphic touches upon the typical timeframes - for more information, explore our dedicated article.

Unfortunately, delays in probate are not uncommon, often adding several months to the process. The typical causes of delay include:

Incomplete, incorrect, or missing documentation.
Large estates with multiple properties or international assets.
Disputes surrounding the terms or validity of the Will.
Complex tax matters surrounding an estate.
Assets which are particularly difficult to value for IHT purposes.
Executors who are unfamiliar with their duties or are slow to act.
Estates with assets held across multiple trusts.
Administrative delays in the Probate Registry.
Issues with the settling of debts or addressing creditor claims.

By trying to navigate probate alone, you run the risk of further delays, increased costs (such as property maintenance), and penalties for the late payment of IHT tax due. However, although many of these issues may seem difficult to overcome, consulting the guidance of a probate solicitor can help the process feel less stressful and reduce the impact of delays.

5 Tips to Make Probate Easier

Probate can become frustrating in the event of delays, disputes, and a lack of knowledge regarding how it all works. To make this process easier, here are some top tips:

Organise Documentation: Keep Wills, financial records, and property documents in a secure and accessible place to speed up the application process.
Plan Your Estate: Maintain an up-to-date Will and consider setting up trusts or joint ownership arrangements to simplify the transfer of assets.
Consult a Specialist: Work with a probate solicitor who can guide you, ensure all paperwork is correct, and prevent errors which often cause delays.
Prepare for IHT: Address inheritance tax considerations early by keeping all records updated and discussing your situation with a professional.
Communicate Clearly: Probate requires open communication with relevant parties, so ensure that beneficiaries are aware of the estate plan to avoid confusion and disputes.

Our Probate Experts Are Here to Help During Difficult Times

Losing a loved one is an emotionally taxing time, and handling their estate in the coming months can only add to the stress. At Culver Law, we’re here to offer a compassionate helping hand to guide you through probate, using our expertise to minimise delays and ensure the wishes of your loved one are properly carried out.

To get started with us, please get in touch with either our London or Cambridge office to discuss your current situation. A member of our friendly and knowledgeable team will be on hand to answer any questions you may have, helping you to feel confident in your next steps.

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