What is Probate in the UK?

Making practical arrangements in the wake of a loved one’s death can be very challenging, particularly if you have no previous experience with how the probate process works. If you find yourself in such a situation, one of the first questions you are likely to be asking is: “What is probate?”

In the UK, the term ‘probate’ refers to the legal authority to manage someone’s property, money, and possessions after their death. It isn’t a right which is automatically granted to the loved ones of the deceased; it’s something you need to apply for.

In this blog, we discuss probate in detail, including when probate is required, the steps involved, and how a solicitor can help make the probate process as simple and stress-free as possible.

When is probate required?

If a loved one has passed away, you will first need to establish whether probate will be required to handle their estate. This will usually involve contacting the financial organisations used by the deceased to confirm whether you will need probate to access their assets. In the majority of cases, applying for probate will be necessary.

There are certain exceptions. For example, if the deceased owned assets jointly with another person, such as a property or bank account, these would automatically pass on to the surviving owner, negating the need for probate.

Similarly, if the deceased’s estate is of particularly low value (£5,000 or less), it will generally not need to go through probate.

What is a grant of probate?

A grant of probate is the legal document that the probate registry issues to provide the executors named in a Will with the authority to manage and distribute a deceased person’s estate.

Once granted, it serves as proof of an executor’s legal right to deal with assets, such as bank accounts, property, and other possessions, according to the terms set out in the Will.

Who applies for probate?

You will be able to apply for probate if you have been named as an executor of a Will. If multiple executors have been named in a Will, you will need to agree between yourselves who will make the application for a grant of probate.

If there is a reason why an executor would be unable to make an application (such as where they have a physical or mental health condition), you will need to check the details of the Will to make sure that the executor has named a substitute and that the conditions for the substitution have taken place.

In cases, where no Will has been left behind, you do not apply for a grant of probate. Instead, the closest living relative of the deceased will have to apply for a grant of letters of administration, which provides the authority to manage the estate.

The probate process: step by step

There are various steps to the probate process to be aware of.

Stage 1: Pre-application.

The first steps in the process will be to formally register the death, locate the Will, confirm if probate is required, identify the assets outlined in the Will, check if Inheritance Tax needs to be paid and obtain an estate valuation. These pre-application tasks will usually take between one to eight weeks.

Stage 2: Applying for the grant of probate

You can apply for a grant of probate online or through the post. This involves filling out what’s known as a PA1P form and submitting this to the Probate Service. This should only take around one to two weeks, depending on how familiar you are with the form and the information you need to include.

Stage 3: Probate registry processing time

After submitting an application for probate, the probate registry will process your application and should respond within 12 weeks. You can track a probate application in the UK by signing in to the Probate Service.

Stage 4: Estate administration

After the grant of probate has been approved, the next step will be to complete the process of administering the estate, as per the instructions included in the Will. This will mean collecting assets, paying debts and taxes, selling property if needed, and preparing final estate accounts. This can often be a long process, taking an average of 6 to 12 months.

Stage 5: Distributing the estate to beneficiaries 

The final step will be to distribute the assets to the beneficiaries named in the Will and to close the estate. This should take around one to three months in straightforward cases.

How long does probate take?

The time taken to complete probate in the UK can vary significantly. The probate timeline will depend on several factors, including the complexity of the estate and how familiar you are with the process. Typical waiting times for probate can range between six to nine months, though this can extend to beyond two years in some rare cases.

Probate costs and fees

You may need to pay a fee to apply for probate. Currently, if the value of the estate you are looking to distribute is over £5,000, there is a £300 application fee.

If you need probate to deal with an estate worth less than £5,000, there is no fee to pay.

Our solicitors’ fees for providing support with probate will depend on the value and complexity of the estate. We can advise you on fees when you first get in touch with our team, where we can also discuss the potential of offering a fixed fee service.

Probate without a Will

If no valid Will has been left, you will need to apply for a grant of letters of administration, rather than a grant of probate. Letters of administration provides the same legal rights and responsibilities for all aspects of administering the deceased’s estate.

Common probate challenges

While these are certainly not universal, there are some potential challenges you may come across when applying for probate. These include:

• Beneficiary disputes: Disagreements can arise between beneficiaries over the Will's interpretation, the fairness of the distribution, or the validity of the Will itself. This can lead to costly and time-consuming legal battles.
• Missing or incomplete documentation: The probate process can be delayed by missing essential documents such as the death certificate, the original Will, or detailed asset information.
• Complex estates: Estates with multiple properties, businesses, foreign investments, or a large number of assets can take longer to value and distribute.
• Administrative errors: Mistakes in paperwork, such as using the wrong tax forms, failing to include all assets, or overlooking digital assets like cryptocurrency or online accounts, can cause significant delays and complications.
• Executor issues: An executor may be unable or unwilling to act, or they may not fulfil their duties properly.
• Financial and tax complications: The estate may have outstanding debts or tax liabilities, including income and capital gains tax on assets sold during the probate period.
• Contested Wills: Challenges can be raised based on claims that the Will was a result of undue influence, fraud, or that the deceased lacked the mental capacity to make a valid Will.
•  The entire process can be delayed by any of the above issues, and there are specific deadlines, such as submitting the Inheritance Tax (IHT) account within six months of the death

Do you need a solicitor for probate?

While you do not need to work with a solicitor for probate, doing so can help ensure that the process is completed quickly and accurately. This is especially important if the executors have relatively little experience with probate and the estate in question is notably large, contains complex assets, or contains a business.

Probate FAQs

Is probate needed if there is a Will?

If there is a Will in place, this doesn’t mean probate will be automatically required in every instance. It will depend on whether the assets are owned jointly with another person and what the value of the estate is.

How much does an estate have to be worth to go to probate in the UK?

There is no single legal threshold for when probate is required; instead, it depends on the policies of the financial institutions holding the deceased's assets, with limits typically ranging from £5,000 to £50,000. This is something you will need to make sure you check during the pre-application stage.

What does an executor of a Will do?

The executor of an estate will have a range of important responsibilities. These will typically include:

• Applying for probate
• Valuing assets
• Administering the estate
• Paying off debts and taxes
• Keeping records of accounts and transactions

Can I access the deceased's bank account before probate?

It will usually be difficult to access the deceased’s full bank account before probate is granted. Some banks may release some funds to help cover any immediate expenses, such as funeral costs, but this will depend on what their policy allows.

How much do solicitors charge for probate?

The fees you can expect to pay for support with probate will depend on a wide range of factors, including how complex the estate being administered is.

You can find out more about how our probate solicitors handle legal fees here.

What is the difference between probate and letters of administration?

The main difference between probate and letters of administration is that probate is required when there is a valid Will in place, while letters of administration are required when there is no Will, the Will is invalid, or no executors have been named.

When is probate not required?

There are a range of scenarios where probate is not required.

• Jointly owned assets: If assets like a property or bank accounts are held as "joint tenants," they automatically pass to the surviving owner(s).
• Small estates: Certain banks will release funds from accounts under a threshold without requiring probate. This amount varies by institution.
• Assets with named beneficiaries: Life insurance policies or pensions with a named beneficiary do not need probate, as the payout goes directly to the person(s) named.
• Assets in a trust: Assets held in a trust are not part of the estate and are handled by the trustees, bypassing the probate process.
• Insolvent estates: If the deceased had more debts than assets, there may be no assets to distribute, and probate may not be necessary.

Speak to our expert probate solicitors today

If you need help with a probate application, please get in touch with your local Devonalds office at Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy or Pontypridd to talk to one of our expert South Wales Wills & Probate solicitors today.

You can call us on 01443 779050 or use our simple contact form, and we will get back to you as soon as possible.