UK Probate Process Explained: Step-by-Step Guide

Overview

Probate is the legal authority given to the people responsible for sorting out a deceased person's estate. In practical terms, it is the grant issued by the Probate Registry that lets executors or administrators access bank accounts, sell property, settle debts and pass assets to the people entitled to them.

When there is a valid will, the document names one or more executors, and the grant they receive is called a grant of probate. Where there is no will, or the will doesn't appoint an executor who is willing and able to act, a close relative usually applies instead and receives letters of administration.

The role is similar either way: gather in everything the person owned, pay off what they owed, and distribute what remains. Not every estate requires a grant. Smaller estates, joint assets that pass automatically to a surviving owner, and certain pensions or life policies may not need one.

Banks and building societies each set their own thresholds for releasing funds without a grant, so the answer often depends on what the deceased owned and where it was held.

Key steps

1. Register the death and gather the paperwork. The death must be registered with the local register office, usually within five days, and you will receive a death certificate along with the certificate for burial or cremation. Order several certified copies, because banks, insurers and HMRC will each want to see one. This is also the time to start a file of important documents: the will, bank statements, insurance policies, property deeds, utility bills and anything showing what the deceased owned or owed. 2. Locate the will and identify the executors. Check the deceased's home, safe, solicitor's office, bank, or the National Will Register for the most recent will. The executors named in it have legal authority to act, though they can renounce the role if they don't want it or appoint someone else to handle the paperwork. If there is no will, the rules of intestacy determine who can apply for letters of administration and who inherits, which may not be the people the deceased would have chosen. 3. Value the estate and deal with inheritance tax. Before applying for the grant, you need a full picture of the estate's value: property, savings, investments, possessions, pensions and any debts. This valuation feeds into the inheritance tax reporting you submit to HMRC. Depending on the size and structure of the estate, different forms apply, and any tax owed generally needs to be paid before the grant is issued. Check gov.uk for current thresholds and reliefs, because these change from time to time. 4. Apply for the grant of probate or letters of administration. Applications can be made online through the Probate Service or on paper, and a fee applies (check gov.uk for the current amount, with reduced or nil fees for smaller estates). You will need the original will, the death certificate, the inheritance tax reference, and a statement of truth. Processing times vary, but once issued, the grant is the document you send to banks, share registrars and the Land Registry to unlock the deceased's assets. 5. Settle debts, distribute the estate and keep proper records. Once you have the grant, collect in the assets, pay off outstanding bills, loans and taxes, and handle any final income tax or capital gains tax owed by the estate itself. It is sensible to place statutory notices for creditors before distributing, which protects executors from unknown claims. When everything is settled, produce estate accounts showing what came in, what went out and what each beneficiary received, and get the beneficiaries to sign them off.

Common questions