BA
Written by Brad Askew
Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
We’re not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.
Updated April 2026 · England & Wales
←
Part of
Wills & Probate
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
Losing someone close is difficult enough without having to grapple with paperwork, tax forms, and legal procedures on top of your grief. Yet for many families in England and Wales, that is exactly what happens in the weeks following a death.
Probate is the formal process that gives someone legal authority to deal with the property, money, and possessions a person leaves behind. If you have been named as an executor in a will, or you are the closest relative of someone who died without one, understanding what probate involves will help you move forward with a bit more confidence.
This guide walks through how probate works in practice, when you need it, how long it typically takes, and the decisions you will face along the way. It is written for ordinary people handling an estate for the first time, not lawyers.
Overview
Probate is the legal authority to administer the estate of someone who has died. In England and Wales, that authority is granted by the Probate Registry in the form of a document called a grant of representation. If the person left a valid will naming executors, the grant is called a grant of probate.
If there is no will, or no executor is able to act, a close relative applies instead for letters of administration. Both documents do broadly the same job: they prove to banks, the Land Registry, share registrars, and other institutions that the person holding them has the right to collect in the deceased's assets, settle their debts, and pass what remains to the people entitled to inherit.
Not every estate needs a grant. Small bank balances, jointly owned property that passes automatically to a surviving co-owner, and certain low-value estates can often be dealt with without one. When assets are more substantial or held solely in the deceased's name, a grant is usually unavoidable.
Key steps
01
Register the death and locate the will. Before anything else, register the death at the local register office and obtain several certified copies of the death certificate, as banks and other institutions will each want their own. Search carefully for the original will, checking drawers, safes, solicitors' offices, and will storage services. The original document is required for the probate application.
02
Value the estate. Build a full picture of what the deceased owned and owed at the date of death. This means contacting banks, pension providers, share registrars, and mortgage lenders, and obtaining a professional valuation of any property. Debts such as credit cards, loans, utility bills, and funeral costs are deducted from the total to arrive at the net estate value.
03
Deal with inheritance tax. HMRC requires an account of the estate before a grant can be issued. Depending on the size and make-up of the estate, you will submit either a simplified return or the full IHT400 form. Any inheritance tax due generally needs to be paid, or at least started, before the grant is released, which can create cashflow headaches for executors.
04
Apply for the grant of representation. Once HMRC has been dealt with, you apply to the Probate Service, either online or by post using the PA1P form for estates with a will or PA1A where there is none. You will sign a statement of truth confirming the information is accurate. A fee applies to applications above a certain threshold, so check gov.uk for the current amount.
05
Collect assets, pay debts, and distribute the estate. With the grant in hand, you can close accounts, sell or transfer property, and settle outstanding liabilities. Executors are expected to advertise for unknown creditors before distributing, to protect themselves from later claims. Once everything is paid and accounts are prepared, the remaining assets are passed to the beneficiaries named in the will or entitled under the intestacy rules.
Common questions
QDo I always need probate when someone dies?
No. If the deceased owned everything jointly with a spouse or civil partner, or held only small amounts in banks willing to release funds on sight of a death certificate, you may be able to avoid applying for a grant. Probate is generally needed when there is property in the sole name of the deceased, or when significant sums are held by institutions that insist on seeing a grant before releasing funds.
QHow long does probate usually take?
The time varies considerably. Straightforward estates often complete within six to twelve months, but complex ones, particularly those with foreign assets, business interests, or disputes between beneficiaries, can take much longer. The grant itself typically takes a number of weeks to issue once the application is submitted, though processing times at the Probate Registry fluctuate. Collecting assets and distributing the estate then adds further months.
QWhat happens if there is no will?
The estate is distributed under the intestacy rules, which set out a strict order of who inherits. Spouses and civil partners, children, and other close relatives take priority in that order. A close relative can apply for letters of administration to deal with the estate. Unmarried partners, stepchildren who were not adopted, and friends receive nothing under intestacy, regardless of how close the relationship was.
QCan an executor be held personally liable?
Yes. Executors have a legal duty to administer the estate properly, and they can be held personally responsible for mistakes that cause loss to beneficiaries or creditors. Common pitfalls include distributing too early, failing to settle tax correctly, and missing unknown debts. Placing statutory notices for creditors and keeping clear records throughout the administration helps reduce that risk significantly.
QDo I need a solicitor to apply for probate?
There is no legal requirement to use a solicitor. Many executors handle straightforward estates themselves, especially where the will is clear and the assets uncomplicated. Professional help tends to be worthwhile when the estate is large, inheritance tax is payable, beneficiaries are in dispute, or the will's wording is ambiguous. You can also pick and choose, handling the simple parts yourself and seeking help on specific issues.
QHow is inheritance tax calculated?
Inheritance tax is charged on the value of the estate above a tax-free threshold known as the nil-rate band. An additional residence nil-rate band may apply where a main home passes to direct descendants. Transfers between spouses and civil partners are generally exempt, and unused allowances can often pass to the survivor. Rates and thresholds change, so check gov.uk for the current figures before calculating.
QWhat is the difference between an executor and an administrator?
An executor is a person named in a will to carry out its instructions. An administrator performs the same role but is appointed under the intestacy rules or when no executor is willing or able to act. Executors derive their authority from the will itself, although they usually still need a grant of probate to prove it. Administrators get their authority only once letters of administration are granted.
BA
Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
Legal helpline
Unsure where to start with probate?
Handling an estate for the first time raises dozens of practical questions, from valuing assets to dealing with HMRC and keeping beneficiaries informed. An experienced legal adviser can help you think through what to do next based on what you describe on the call, so you have a clearer sense of the road ahead.
One call gives you
✓Plain-English answers to your specific questions about probate
✓A clear explanation of what the process involves for the estate you describe
✓What to watch out for as an executor or administrator in your circumstances
✓Practical perspective on your next steps and where to focus first
£49
personal call, fixed price
2hr callback
Talk it through
→
How it works
Provided by Law Express Ltd, experienced legal advisers giving general telephone guidance.
Mon–Fri 8am–8pm · Sat–Sun 9am–12pm
SponsoredWe may earn a commission if you buy a template through Net Lawman, at no extra cost to you. How we fund this site.
Matching UK template
Letter requesting executor to act
Professionally drafted UK template, editable in Word.
Download template
→
✓Written by UK legal team
✓Plain English, easy to edit
✓Instant download, money-back guarantee
Other versions:
