Probate and dealing with an estate
If you have been named an executor, this is the guide you need. What probate is, whether you need it at all, and the order things happen in.
The short answer
- Probate is the legal authority to deal with someone's estate. The document is called a grant of probate if there is a will, or letters of administration if there is not.
- You do not always need it: small estates, and assets owned as joint tenants, often pass without a grant.
- The application fee is £300 for estates over £5,000; estates at or below that pay nothing.
- Realistically, expect the whole process to take 6–12 months. The grant itself is the fast part once the paperwork is right.
- Executors are personally liable for getting it wrong — including paying inheritance tax and settling debts before distributing anything.
What's on this page
What is probate?#
Probate is the process of proving a will and getting legal authority to deal with what someone left behind. The document you receive is a grant of representation, which comes in two forms:
- Grant of probate
- Issued to the executors named in a valid will.
- Letters of administration
- Issued where there is no will, or no willing executor. The person who receives it is called an administrator and is chosen by a strict statutory order of priority — usually the spouse, then children.
Banks, the Land Registry and share registrars want to see the grant before they will release or transfer anything meaningful. More detail on what probate is and how the grant works.
Do you always need probate?#
No, and it is worth checking before you start.
- Jointly owned assets held as joint tenants — a home, a joint bank account — pass automatically to the survivor by survivorship. No grant needed. Property held as tenants in common is different: that share passes under the will.
- Small estates. Most banks release balances below a certain limit without a grant, but each institution sets its own threshold — commonly somewhere between £5,000 and £50,000. Ask each one directly.
- Assets held in trust or pensions paid at trustees' discretion generally pass outside the estate.
If the estate includes a property in the deceased's sole name, you will almost certainly need a grant.
What an executor actually has to do#
- Register the death and get several certified copies of the death certificate — you will need more than you expect.
- Find the will and read it properly, including any codicils and letter of wishes.
- Value the estate. Write to every bank, pension provider, insurer and share registrar. Get a professional valuation for property. Value everything as at the date of death, not today.
- Work out the inheritance tax position and report it to HMRC. Where tax is due it generally has to be paid before the grant is issued — see our inheritance tax guide.
- Apply for the grant, online or by post, with the fee of £300.
- Collect the assets once the grant arrives: close accounts, sell or transfer property, cash in investments.
- Pay the debts — in the correct legal order, and never after distributing. Placing a statutory advertisement for creditors protects you personally.
- Prepare estate accounts and distribute what is left to the beneficiaries, getting receipts.
If you distribute the estate and an unknown creditor or a claim under the Inheritance (Provision for Family and Dependants) Act 1975 appears afterwards, you can be personally on the hook. Two standard protections: place statutory notices under section 27 of the Trustee Act 1925, and wait until at least six months after the grant before distributing.
How long does it take?#
Six to twelve months for a typical estate. Straightforward, small, no-property estates can be quicker; anything involving a property sale, business assets, missing beneficiaries or a dispute takes considerably longer.
The stages that take the time are valuing the estate, sorting the inheritance tax, and — usually the biggest one — selling a property. A realistic timeline, stage by stage.
What it costs#
| Route | Typical cost |
|---|---|
| Court application fee (estates over £5,000) | £300, plus about £1.50 per extra copy of the grant |
| Doing it yourself | The fee, plus valuation and advertisement costs |
| Solicitor, grant-only ("fixed fee" service) | Commonly £500–£1,500 |
| Solicitor, full estate administration | Often 1%–5% of the estate value, sometimes plus hourly charges |
Percentage-based fees on a house-heavy estate get large very quickly. If the estate is simple and you have the time, doing it yourself is entirely achievable — the online service is reasonably clear. Get help where there is inheritance tax to pay, a business, an intestacy with complicated family, or any hint of a dispute.
The mistakes executors make#
Most estates go wrong in the same handful of ways, and almost all of them are avoidable:
- Distributing too early. Pay the beneficiaries before the six-month claim window closes and you are personally exposed if a claim then succeeds.
- Valuing at today's prices. Everything must be valued as at the date of death, not the date you got round to it.
- Missing the transferable nil-rate band. Where the deceased was widowed, the first spouse's unused allowance can be claimed — but only if the executors know to claim it, and can produce the death and marriage certificates.
- Paying debts in the wrong order. There is a statutory order of priority. Paying an unsecured creditor ahead of a preferential one can leave the executor liable for the difference.
- Not advertising for creditors. Statutory notices under section 27 of the Trustee Act 1925 protect executors against debts nobody knew about.
- Keeping beneficiaries in the dark. Silence is what turns ordinary delay into a family dispute. A short update every couple of months prevents most of them.
- Mixing estate money with their own. Open a separate executor's account from the start.
Being an executor: what to expect#
It is unpaid unless the will says otherwise, and it is more administration than decision-making — writing to institutions, chasing replies, filling in forms, keeping records. The emotionally hard part is usually doing it while grieving, and the practically hard part is that everything takes longer than it should.
You do not have to accept the role. If you were named and would rather not act, you can renounce, provided you have not already started dealing with the estate. You can also have "power reserved", which lets another executor act now while leaving the door open for you to step in later.
How to make probate easier for the people you leave behind#
- Keep the original will somewhere your executors can actually find, and tell them where.
- Leave a list of accounts, policies, pensions and subscriptions. Digital assets included.
- Appoint at least two executors, and name a replacement.
- Own your home in the right way for your intentions — joint tenants passes automatically, tenants in common does not.
- Sort a lasting power of attorney too, so the difficult period before death is manageable as well.
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Frequently asked questions
Can I do probate myself?
Yes. There is no requirement to use a solicitor, and the GOV.UK online application is designed for personal applicants. It suits estates that are modest, well documented and uncontested. Use a professional where there is inheritance tax to calculate, a business or farm, foreign assets, an intestacy with complex family, missing beneficiaries, or any sign of a challenge.
What if there is no will?
The intestacy rules decide who inherits, and the closest relative applies for letters of administration. It is slower, offers no flexibility, and unmarried partners and stepchildren receive nothing. If the outcome is genuinely unfair, a deed of variation within two years of the death can redirect an inheritance with the agreement of those affected.
Do I have to be an executor if I was named?
No. You can renounce, provided you have not already started dealing with the estate ("intermeddling"). You can also have power reserved to you, so another executor acts while you keep the option to step in later. Renouncing is formal — it is done by signed deed lodged with the probate registry.
Is a will public after probate?
Yes. Once a grant of probate is issued, the will and the grant become public documents that anyone can order a copy of. This surprises families regularly, and it is one reason sensitive explanations are better placed in a letter of wishes than in the will itself.
Can beneficiaries be told what is happening?
Beneficiaries of a share of the residue are entitled to see the estate accounts, and executors have a duty to administer the estate properly and within a reasonable time — the "executor's year" is the usual yardstick. Beneficiaries of a specific gift have narrower rights. Keeping everyone informed prevents most estate disputes before they start.
This is general information, not legal advice. Everyone's situation is different — speak to a qualified adviser before acting. KeepTheLot is an independent information service covering England & Wales. We are not a law firm.