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Probate

Probate is the court's confirmation that someone has authority to deal with a dead person's estate. Not every estate needs it — small holdings and assets owned jointly often pass without — but banks, insurers and the Land Registry will usually insist on a grant before releasing anything substantial. Applying costs £526 where the estate is over £5,000, and nothing at all at or below that. Call 07476 557650 free, any hour — and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

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Probate at a glance

£526 to apply

The probate application fee where the estate is valued above £5,000

Nothing under £5,000

There is no fee if the estate is £5,000 or less

Copies are cheap up front

£2 each ordered with the application, £16 each afterwards — order plenty first time

Not always needed

Jointly owned property passing by survivorship and small accounts often need no grant

Executors are personally liable

Distribute wrongly and the executor can be personally on the hook

When you actually need a grant

Whether probate is needed depends on what the person owned and how. Property held as joint tenants passes automatically to the survivor and needs no grant; property held as tenants in common does not. Bank accounts below each institution's own threshold are often released on a death certificate and an indemnity, and those thresholds vary widely between banks. Anything substantial — a solely owned house, significant investments, shares — will require a grant of probate where there is a will, or letters of administration where there is not. Ask each institution what it needs before assuming. Talk it through with a lawyer now →

What the executor actually has to do

Establish the assets and debts at the date of death and value them properly, deal with inheritance tax before the grant is issued where any is payable, apply for the grant, collect in the assets, pay the debts in the correct order, and only then distribute to the beneficiaries. The order matters: an executor who pays beneficiaries before creditors, or who misses a claim, can be personally liable for the shortfall. Advertising for creditors in the prescribed way gives protection against unknown debts, and waiting out the six-month window for family provision claims before distributing protects against those. Keep full estate accounts throughout — beneficiaries are entitled to see them. Talk it through with a lawyer now →

Timing, tax and the delays

Inheritance tax and probate interact in an order that catches people out: where tax is payable, it generally has to be dealt with before the grant is issued, and it is due six months after the end of the month of death, with interest running after that — which can mean funding a payment before you have access to the money. Instalment options exist for property. Grants themselves have been subject to significant backlogs, so build in months rather than weeks, and warn beneficiaries early: most executor disputes are really disputes about a lack of communication. Talk it through with a lawyer now →

Dealing with probate, step by step

Ask each institution whether a grant is neededThresholds differ, and jointly held assets often pass without one.

Value the estate properly and deal with tax firstInheritance tax generally has to be handled before the grant is issued.

Order extra copies of the grant with the application£2 each now, £16 later. Call 07476 557650 free, any hour — and a one-hour consultation with a UK solicitor (£145, a fixed fee) can be booked right on the call.

Probate — your questions answered

Do I always need probate when someone dies?

No. If everything was held jointly and passes to the survivor, or the estate consists of modest accounts below each bank's release threshold, you may not need a grant at all. Where there is a solely owned property or substantial investments, you almost certainly will. The practical approach is to list the assets and ask each institution directly what it requires — the answers vary more than people expect.

How long does probate take?

Realistically, months rather than weeks, and longer for anything complex or where inheritance tax is involved. The application itself is only one stage: valuing the estate, settling tax and collecting assets all take time, and grant processing has been subject to substantial backlogs. Executors should tell beneficiaries this at the outset, because unmet expectations cause most of the friction.

Can I be held personally responsible as an executor?

Yes, which is why the role deserves care. Distributing to beneficiaries before settling debts and tax, missing a creditor, or paying out before the six-month window for family provision claims has passed can leave you personally liable to make good the shortfall. Advertising for creditors in the prescribed manner and keeping proper estate accounts are the standard protections, and an hour of advice on a contentious or sizeable estate is cheap insurance.