What is probate? Everything you need to know

Probate is the legal process of administering a deceased person’s estate. 

It involves applying for a Grant of Probate, which gives the named Executors the authority to manage and distribute the assets, including property, investments, and personal belongings.

Typically 3–6 months, sometimes longer, depending on how quickly third parties provide information.

Probate is generally needed for most estates, but exceptions include:

• Estates valued under £5,000 with no land, property, or shares.
• Assets held jointly (as joint tenants), which pass automatically to the surviving owner.
• Bank accounts with balances under £5,000, where banks may release funds with a death certificate and copy of the will.

Please note: Different institutions may have varying rules, so it’s always best to check.

Yes, probate may still be required if assets are in the deceased’s sole name, even if no inheritance tax is payable (e.g. when assets pass to a spouse or charity). 

In such cases, simplified tax reporting may apply, using IHT205 instead of the full IHT400.

As an executor, during the period of administration, you are legally responsible for the deceased’s assets and therefore it is your responsibility to ensure they are protected, adequately insured and taken care of before they are sold or distributed to the beneficiaries. 

Read our complete article for more information.

If the deceased was in the middle of selling their home and contracts had already been exchanged, the Executors must complete the sale. 

To do this, they’ll need to apply for a special urgent Grant of Probate to avoid the contract being rescinded.

Letters of Administration are required when:

• There is no valid will, or
• The will does not name any Executors, or
• The named Executors are unwilling or unable to act.

In such cases, Administrators are appointed based on intestacy rules, provided they have a legal interest in the estate.

Often yes. A will names executors, but banks and the Land Registry may still require a Grant of Probate.

An executor is responsible for managing the entire estate. This includes identifying assets and liabilities, applying for probate if needed, dealing with tax matters, paying debts, and ensuring the remaining estate is distributed correctly to beneficiaries.

No, you are not obliged to act as an executor. If you feel unable or unwilling to take on the role, you can step down. It’s important to consider this carefully, as the role can involve significant responsibility and time.

With a will: the executor(s). Without a will: the next of kin applies for Letters of Administration.

When someone dies, trying to sort out what needs to be done can seem overwhelming. Besides letting family and friends know, we detail below a list of other organisations which may need to be notified.

Click here to read our probate checklist.

In our experience no two estates are ever the same and there is no such thing as a “typical” estate. We charge our fees on a time spent basis as we consider this fairly reflects each individual estate and will reflect both the complexity of the assignment and the amount of our involvement required.

Our hourly rates range from £81 per hour for a Tax Associate to £377 per hour for a partner. We will discuss your individual case with you and based on this we will provide you with an indicative level of fees and in certain circumstances we will agree a fee cap with you so that you can have certainty over costs.

Typically, our fees for simply obtaining a grant of probate based on all of the information being provided to us by the family with an estate containing a main residence, 2-3 bank accounts and a share portfolio are likely to start from around £3,500 plus vat.

We usually find the average costs of handling the full process for a simple estate, including the administration, and preparation of a full set of Estate accounts is likely to be in the region of £11,500 - £15,000 plus VAT.

This would include:

• Completion of the IHT400 and supporting schedules
• Application for grant of probate
• Running a client bank account and collecting in funds
• Preparation of formal Estate accounts
• Distribution of the Estate and paying legacies to the beneficiaries.

In addition to our fees there are other costs associated with obtaining probate. We will either request these amounts directly from you, or we can disburse them on your behalf and add them to our fees. These will be expenses such as:

• Probate application fee £300*
• Copies of sealed grants £1.50 per copy*
• Placing a notice in the Gazette £107 plus vat*

*Prices current as at 1 April 2025

Good record keeping makes the probate process much easier. Executors need accurate information about assets, debts and financial history to correctly value the estate, complete tax forms and distribute assets. Without clear records, this process can be time-consuming and stressful

Important documents include details of bank accounts, investments, property, pensions, debts and any gifts made before death. Keeping these records organised can save significant time and reduce the risk of errors or delays.

As early as possible - especially if there’s property to sell, business assets, trusts, or potential IHT. 

Early advice prevents avoidable delays. We will always have an initial meeting /phone call to ascertain what work is required. This is free and no obligation.  

Following the initial consultation, we would provide a fee estimate based on your particular circumstances. Due to the intricacies and differences of each case, we do not tend to give fixed fees; however, we can agree to a fee cap with you.

While it isn’t legally required, having a will is very important. It allows you to clearly set out what should happen to your money, property and possessions after you die. Without a will, your estate will be distributed based on legal rules, which may not reflect your wishes or personal circumstances.

A will gives you control over who inherits your estate and can help prevent confusion or disputes between family members. It also allows you to appoint trusted people (executors) to handle your affairs and can make the process quicker and less stressful for your loved ones.

If someone dies without a valid will, their estate is distributed according to the rules of intestacy. These rules determine who inherits based on their relationship to the deceased, rather than personal wishes.

Typically, a spouse or civil partner inherits first, followed by children and other close relatives. Unmarried partners usually do not automatically inherit under intestacy rules, regardless of how long they were together.

If an estate has more debts than assets, it is known as insolvent. Debts must be paid in a specific order, and beneficiaries may not receive anything. Executors must be careful to follow the correct process to avoid personal liability.

Small shareholdings can often be transferred to beneficiaries or sold during the administration process. The best option will depend on their value, administrative costs, and the preferences of the beneficiaries.

This depends on the provider’s terms and conditions. Some schemes allow points to be transferred or redeemed after death, while others may cancel them. It’s important for executors to check directly with each provider.

Yes. Marriage or civil partnership provides greater legal protection, particularly when it comes to inheritance. For example, spouses and civil partners usually have automatic rights to inherit, whereas unmarried partners may not have the same legal entitlement without a will.

Beneficiaries are usually named in a will. If there is no will, they are determined by the legal rules of intestacy. These rules set out a strict order of who can inherit, typically starting with spouses, civil partners and close family members.

Executors must make reasonable efforts to locate missing beneficiaries. This may involve searches, using tracing agents, or placing legal notices. If they still cannot be found, executors may need legal advice or insurance before distributing the estate to protect against future claims.