What Is Probate? A Plain English Guide to the UK Probate Process

When someone dies, their family is often confronted with an unfamiliar word almost immediately: probate. It sounds bureaucratic and daunting, but at its core, probate is simply the legal process of dealing with someone's estate after they have died — settling their debts and distributing what is left to the people entitled to it.

This guide explains, in plain English, what probate actually involves, when it is needed, and what to expect if you find yourself responsible for it.

What Does "Probate" Actually Mean?

Strictly speaking, "probate" refers to the Grant of Probate — the legal document issued by the Probate Registry that confirms an executor's authority to administer a deceased person's estate. In everyday use, though, "probate" is often used to describe the whole process of estate administration, from the moment someone dies to the final distribution of assets.

If the deceased died without a will, the equivalent document is called a Grant of Letters of Administration, and the person dealing with the estate is called an administrator rather than an executor. The process is broadly similar either way.

Do You Always Need Probate?

Not necessarily. Whether probate is required depends on what the deceased owned and how it was owned. Probate is generally needed if the person:

• Owned property in their sole name, or as tenants in common
• Held bank accounts or investments above a certain threshold (this varies by institution, often £5,000–£50,000)
• Held shares or other investments

Probate may not be needed if assets were jointly owned and pass automatically to a surviving joint owner, or if the estate is very small and made up only of cash in modest bank balances.

The Steps in the Probate Process

1. Register the Death and Locate the Will

The first practical step is registering the death and locating the original will, if one exists. The will names the executor — the person with legal authority (once probate is granted) to deal with the estate.

2. Value the Estate

The executor must establish the value of everything the deceased owned — property, savings, investments, possessions — as well as any debts. This valuation is needed both for the probate application and to work out any inheritance tax due.

3. Pay Any Inheritance Tax Due

If the estate is liable for inheritance tax, some or all of it must usually be paid before the Grant of Probate is issued. Our guide to inheritance tax thresholds and rates explains how the nil-rate bands work and what exemptions might apply.

4. Apply for the Grant of Probate

The executor applies to the Probate Registry, either online or by post, submitting the will, the death certificate, and details of the estate's value. There is a court fee for this application (currently £300 for estates over £5,000).

5. Collect the Assets and Pay Debts

Once the Grant of Probate is issued, the executor can access bank accounts, sell or transfer property, and settle outstanding debts, including funeral costs, utility bills, and any loans.

6. Distribute the Estate

Finally, the executor distributes what remains to the beneficiaries named in the will, and prepares estate accounts showing how the money was handled.

How Long Does Probate Take?

For a straightforward estate, the whole process typically takes six to twelve months from death to final distribution, though the Grant of Probate itself is often issued within 8 to 16 weeks of a complete application. More complex estates — involving property sales, disputes, or significant inheritance tax — can take considerably longer.

What Does Probate Cost?

Costs vary depending on the size and complexity of the estate and how much help you use. There is the £300 court fee, plus any professional fees if you instruct a solicitor or probate specialist to handle some or all of the process on your behalf. Many families in Kingston, Twickenham, and Chiswick choose a hybrid approach — handling straightforward parts themselves and getting professional support for valuation, tax, and the application itself.

Can You Do Probate Yourself?

Yes — for simple estates with a valid will, no inheritance tax to pay, and cooperative beneficiaries, many executors manage the process themselves using the government's online service. However, professional help is often worthwhile if the estate is large, includes business assets or property abroad, inheritance tax is payable, there is no valid will, or family relationships are strained.

How Abrahams Wills Can Help

Alongside will writing, I offer a probate support service to guide executors through the process, whether that means helping with the application itself or simply explaining what needs to happen next. As a member of The Society of Will Writers, I bring the same care and attention to estate administration as I do to drafting the will in the first place, with home visits 7 days a week across Kingston, Twickenham, Chiswick, and the surrounding areas.

The best way to make probate easier for your family, of course, is to have a clear, properly drafted will in place. If you have not yet made one, read our guide on how to write a will in the UK.