Probate is the legal process of dealing with someone's money, property and possessions after they die. It is what gives your executors the formal authority to collect in your assets, pay your debts and inheritance tax, and pass what's left to the people named in your will. Almost every estate of any meaningful size goes through some form of probate.
This guide covers what probate is, when it is and isn't needed, who carries it out, what the timeline looks like, and what families can expect from start to finish.
Key takeaways:
- "Probate" in England and Wales usually means a grant of probate - a court document confirming the executors named in the will can act. When there's no will, the equivalent is a grant of letters of administration.
- Probate is needed if the estate includes property, large bank balances (typically over £5,000-£50,000 depending on the bank), shares, or anything held in the deceased's sole name.
- It is not needed for very small estates, jointly-owned assets passing to the surviving owner, or assets held in trust.
- The grant typically takes 12-16 weeks from application in 2026. The full estate administration usually runs 6-12 months end to end, longer for complex estates.
- A clear, valid will with sensible executors makes the whole process dramatically faster, cheaper and less stressful for the family.
What probate actually is
When someone dies, their assets are temporarily frozen. Banks won't release money. The Land Registry won't transfer property. Pension providers and investment platforms put accounts on hold. This is to make sure money goes to the right people - the law needs proof that the person dealing with the estate has the legal authority to do so.
Probate is the process of getting that authority. The Probate Registry (part of HM Courts and Tribunals Service) issues a document - the grant - that the executor presents to banks and other asset-holders to unlock the estate.
There are two main types of grant:
- Grant of probate - issued when there is a valid will. The executors named in the will apply for the grant.
- Grant of letters of administration - issued when there is no will, or when the named executors are unwilling or unable to act. The administrator (usually the closest relative under the intestacy rules) applies.
Both grants do the same job: they confirm the holder's authority to deal with the estate. People often call the whole process "probate" regardless of which grant is involved.
When probate is needed
Probate isn't always required. The threshold varies by asset type and by the institution holding it. As a rough guide for 2026:
- Property in the deceased's sole name - always requires probate.
- Bank and building society accounts - most institutions require probate for balances over £5,000-£50,000. The exact threshold varies; check directly.
- Investments and shares held individually - usually require probate.
- National Savings & Investments - threshold is £5,000.
- Anything held jointly (joint bank accounts, property held as joint tenants) - passes automatically to the surviving owner by survivorship, no probate needed.
- Life insurance written in trust, pensions paid via beneficiary nomination - paid directly to the beneficiary, outside probate.
- Very small estates under about £10,000 in cash and personal effects - usually no probate needed.
If the estate has any property, the answer is almost always: probate is needed. For mixed estates with one or two small accounts, it's worth asking each institution before applying.
Who handles probate
If there's a will, the executors named in it are responsible for applying for the grant and administering the estate. Executors can be:
- One or more individuals (a spouse, adult child, sibling, trusted friend - up to four can apply at once)
- A solicitor or probate firm (named in the will or appointed by the family)
- A trust corporation (for complex or high-value estates)
If there's no will, the right to apply for letters of administration follows a strict order of priority set out in the Non-Contentious Probate Rules 1987: spouse first, then children, then parents, then siblings, then more distant relatives.
Executors don't have to do the work themselves. They can instruct a solicitor or licensed probate practitioner to handle the paperwork and pay them out of the estate. For straightforward estates, doing it yourself ("DIY probate") is entirely feasible and can save thousands.
The typical probate timeline
For a standard estate with a valid will and sensible executors, 2026 timelines look like this:
| Stage | Time |
|---|---|
| Notify institutions, gather asset and debt values | 4-8 weeks |
| Complete inheritance tax return (IHT400 or IHT205) | 2-4 weeks |
| Pay any inheritance tax due | within 6 months of death |
| Submit probate application to the Probate Registry | 1 week after IHT |
| Probate Registry processing time | 12-16 weeks |
| Collect in assets, sell property, settle debts | 2-8 months |
| Estate accounts prepared, distributions paid | 1-3 months |
End-to-end, that's 6-12 months for a typical estate. Complicated estates - property abroad, business interests, trusts, contested wills, missing beneficiaries - can take 18-24 months or longer. See our detailed probate timeline guide for what happens at each stage.
Make probate easier on your executors. Trusted Hands wills include a free Executor Pack with a plain-English walkthrough of what to do in the first week, how to apply for probate, and what to expect throughout. Start your will →
Inheritance tax and probate
For many estates, inheritance tax (IHT) is the gating step that has to happen before probate. The IHT account must be submitted to HMRC, and any tax due must be paid (or arranged), before the probate application can be made.
In 2026, an estate pays IHT at 40% on the value above the nil-rate band of £325,000 (plus the residence nil-rate band of up to £175,000 if the family home passes to direct descendants). Married couples and civil partners can transfer unused allowances to the survivor, often giving a combined threshold of up to £1,000,000.
Most estates don't pay any IHT at all - only around 4% of UK estates are over the threshold. But the IHT forms still need completing even where no tax is due, to confirm the estate is under the threshold. Our inheritance tax guide explains the calculations in detail.
How a clear will speeds everything up
Estates with a clear, valid will move through probate roughly twice as fast as intestate estates. The reasons are simple:
- Named executors have automatic authority from the day of death (although the formal grant comes later).
- Beneficiaries and their shares are spelled out - no need to research family trees or apply intestacy rules.
- Specific gifts can be handled quickly, separately from the residue.
- A residual clause sweeps up everything not specifically mentioned, so nothing falls into limbo.
By contrast, an intestate estate often loses 2-4 months while administrators are identified, beneficiaries traced, and the legal default rules applied. Our guide on families torn apart by no will covers what can go wrong.
Frequently asked questions
Do I always need probate?
No. Probate is only needed for assets that require it - typically property, large solely-held accounts, and investments. Jointly-owned assets, small estates, pensions paid via beneficiary nomination and life insurance in trust usually bypass probate entirely.
How much does probate cost?
The application fee is £273 in 2026 for estates over £5,000 (no fee below that). On top of that, expect costs for: certified death certificate copies (£11 each), property valuations, possibly an accountant for IHT, and - if you use one - a solicitor or probate firm (usually 1-5% of the estate, or a fixed fee for straightforward cases).
Can the family see the will before probate?
In most cases, no. A will only becomes a public document after the grant of probate is issued (at which point anyone can request a copy from the Probate Registry for £1.50). Before that, the executor controls who sees it. There's no legal duty to share it with disappointed beneficiaries before probate.
What if there's no will?
The estate is dealt with under the intestacy rules. The closest relative (in order: spouse, child, parent, sibling) applies for letters of administration and acts as administrator. The estate is distributed according to a fixed statutory order, regardless of what the deceased might have wanted. See our guide on dying without a will.
What if the executor doesn't want to do the job?
They can "renounce probate" - sign a formal document declining the role. This must be done before they've started to act as executor. Once renounced, the role passes to any other named executors, or (if none) to the next entitled person under the intestacy rules. See what to do if an executor refuses to act.
Can I avoid probate altogether?
Some assets can be structured to avoid probate: holding property as joint tenants, naming beneficiaries on pensions and life insurance, putting assets in trust during your lifetime. But the costs and complications of these strategies usually outweigh the savings for most families. A simple, clear will is the cheapest and easiest way to make probate run smoothly.
Trusted Hands is a UK will-writing service, not a firm of solicitors. The guidance above is general; complex estates - particularly those with business interests, trust assets, foreign property, or potential disputes - benefit from advice from a regulated solicitor or probate practitioner.
Make probate easier on the people you love
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