Probate in the UK: What Is It & When Is It Required?

Losing someone is hard enough without the added burden of legal paperwork. Yet, for many families across the UK, probate becomes an unavoidable part of saying goodbye — a process that can feel more confusing than comforting.

Whether you're facing probate for the first time, supporting a loved one through it, or simply planning ahead, understanding how it works can save time, money, and stress.

In this guide, we’ll walk you through everything you need to know about probate in the UK. From when it’s required and what it involves, to how to prepare and what to expect, you’ll gain the clarity and confidence needed to navigate the process with care — and without overwhelm.

What is Probate?

Probate is the legal process of administering a person’s estate after they pass away. In simple terms, it’s how someone (usually an executor named in the will) gets the official authority to:

Access bank accounts and financial assets
Sell or transfer property
Settle debts and pay any taxes owed
Distribute inheritance to the rightful beneficiaries

In England and Wales, this authority comes in the form of a ‘Grant of Probate’ (if there’s a will) or ‘Letters of Administration’ (if there isn’t one).

Think of probate as the legal “permission slip” that unlocks the estate. Without it, banks, HMRC, and other institutions are unlikely to release funds or assets — even to close family.

Why Does Probate Exist?

Probate exists to protect everyone involved:

It ensures the deceased person’s wishes (as set out in their will) are followed.
It gives creditors a chance to recover debts before inheritance is passed on.
It prevents disputes among beneficiaries by recording who is entitled to what.
It creates a formal, legal record of how the estate was handled — useful for avoiding conflict and fraud.

When is Probate Required in the UK?

In the UK, probate is generally required when someone passes away leaving behind assets in their sole name, such as property, financial accounts, or investments. The probate process gives the executor or administrator the legal authority to collect those assets, settle any debts, and distribute the estate in accordance with either a will or the rules of intestacy.

The need for probate depends less on whether a will exists, and more on:

How the assets are held (e.g. jointly or soley-owned); and
The overall value of the assets

If the deceased owned a property solely in their name, or had significant funds in individual bank or investment accounts, then probate is usually necessary. Most banks and institutions will request a Grant of Probate to release assets once their internal value thresholds are reached — these vary by provider but typically fall between £10,000 and £50,000.

That said, probate may not be required in every case. If all of the deceased’s assets were held in joint ownership, such as a joint current account or a home owned as joint tenants, then those assets usually pass automatically to the surviving co-owner without the need for probate. Similarly, if the estate consists of assets that fall below the institution’s probate threshold, or if funds are held in accounts or policies with designated beneficiaries (such as pensions or life insurance), the process may be avoided.

Probate and Wills

What happens when there is a will?

If the person who has died left a valid will, the named executor is responsible for applying for probate. In this case, they apply for a Grant of Probate, which confirms their authority to manage the estate and carry out the instructions in the will.

However, it’s important to understand that the presence of a will doesn’t always mean probate is needed. If the estate is straightforward, if all assets were jointly held, or if no institution requests a Grant of Probate, the executor may be able to administer the estate without going through the formal probate process.

On the other hand, if the deceased held property or meaningful financial assets in their sole name, probate is typically required — regardless of the will. In such cases, the will determines who should inherit, and probate provides the legal mechanism to make that happen.

And if there isn't a will?

If there is no will, the estate is said to be intestate. A close relative, usually the next of kin, must apply to the court for Letters of Administration. This gives them the legal right to manage the estate and distribute assets according to the rules of intestacy, which set out a fixed order of inheritance.

The criteria for whether probate is required are much the same as in cases where a will exists. If the estate includes property or personal accounts of a significant amount in the deceased’s sole name, then probate will generally be necessary. If not — for example, if the estate comprises only jointly held assets or modest balances that fall below institutional thresholds — it may be possible to manage the estate without probate.

How to Prepare Your Estate

Although no one likes to think about it, preparing your estate before death is one of the most powerful and compassionate things you can do for the people you leave behind. A well-organised estate can make the probate process dramatically simpler and faster, reduce legal costs, and minimise the emotional burden on loved ones during a difficult time.

The first and most important step is to ensure you have a valid, up-to-date will. This should clearly state who will inherit your assets and who you wish to appoint as executor — the person responsible for handling your estate after you pass away. Without a will, the law will decide who inherits, which can lead to confusion or unintended outcomes.

Next, aim to keep a detailed record of your assets. This includes property, savings, investments, pensions, insurance policies, and personal possessions of value. Make sure your executor knows where to find these records and how to access them — ideally stored securely in a location that is both safe and accessible.

If your estate includes complex holdings — such as business interests, foreign property, or high-value assets — it’s worth seeking professional advice to ensure everything is clearly documented and legally sound. You may also wish to consider trusts, joint ownership arrangements, or naming beneficiaries on certain accounts or policies to streamline how your estate is handled.

Finally, talk to your family. Let your loved ones know where things stand, who to contact, and what to expect. Probate is always easier when people are informed and aligned — and this kind of conversation, however uncomfortable, is one of the most lasting gifts you can give.

How to Apply for Probate

Value the Estate

Before you can apply for probate, you must establish the full value of the deceased’s estate. This includes everything they owned at the time of death: property, money in bank accounts, investments, vehicles, pensions, life insurance, and valuable possessions. You must also account for any debts, such as mortgages, credit cards, or outstanding bills.

Valuations should be as accurate and up-to-date as possible. You may need to contact banks, insurers, HMRC, and professional valuers — particularly for property or items of significant worth. It’s essential to keep detailed records, as these will be required later in the application and for inheritance tax calculations.

Pay Inheritance Tax

If the estate is valued above the inheritance tax threshold (currently £325,000 for most individuals), tax may be due. In some cases — for example, when passing a home to children or grandchildren — a higher threshold may apply.

Before probate can be granted, you’ll need to calculate how much tax is owed and submit the appropriate forms to HMRC. This is typically done using forms IHT205 or IHT400, depending on the complexity of the estate. The tax must be paid, or at least arranged via a payment plan, before probate will be approved.

Many banks will allow payment of inheritance tax directly from the deceased’s accounts before probate is granted, but it’s wise to speak with HMRC or a solicitor to confirm how this will be handled.

Submit the Application

Once the estate has been valued and any inheritance tax dealt with, you can apply for probate.

If there is a valid will, the named executor submits a PA1P application. If there is no will, a close relative applies for Letters of Administration using form PA1A. These applications can be completed online through the government’s probate service, or by post through the local Probate Registry.

Along with the completed form, you’ll need to submit the original death certificate, the original will (if applicable), and any supporting documents. There is also a probate application fee, currently set at £273 for estates over £5,000, though this is subject to change.

The process can take several weeks to several months depending on the complexity of the estate and how quickly all paperwork is submitted.

Receive the Grant

If your application is approved, you’ll receive a Grant of Probate (or Grant of Letters of Administration, if there was no will). This is the official legal document confirming your authority to access and manage the deceased person’s assets.

Once you have the grant, you can begin to collect funds from banks, sell or transfer property, pay any outstanding debts or taxes, and ultimately distribute the estate in accordance with the will or intestacy rules.

At this stage, it’s important to keep meticulous records of all income, expenses, and distributions made on behalf of the estate. Executors and administrators have a legal duty to act responsibly and transparently, and may be required to provide evidence of how the estate has been handled.

What Happens After Probate is Granted?

Once the Grant of Probate (or Letters of Administration) has been issued, the legal responsibility for managing the estate officially passes to the executor or administrator. This is where the practical work begins — collecting assets, settling liabilities, and ensuring the estate is distributed according to the law or the terms of the will.

Although probate gives you the authority to act, you are also taking on a legal duty of care. Every step you take on behalf of the estate must be documented, transparent, and carried out in the best interests of the beneficiaries. Here’s what that looks like in practice:

Collecting and Managing the Estate

The first task is to gather all the deceased’s assets. This includes closing bank accounts, redeeming investments, claiming insurance policies, and possibly selling property or valuables if funds need to be raised to settle debts or make distributions.

You may also need to continue managing any ongoing responsibilities — for example, maintaining property, handling utilities, or dealing with tax returns — until the estate is fully settled.

Paying Debts, Taxes, and Other Liabilities

Before any inheritance can be passed on, the estate must first settle its obligations. This includes:

Outstanding utility bills, loans, or credit cards
Final income tax or capital gains tax
Funeral expenses
Any unpaid inheritance tax, if a full payment wasn’t made earlier

You should also place a statutory notice in The Gazette (and, if appropriate, a local newspaper) to alert any unknown creditors. This protects the executor from future claims once the estate is distributed.

Distributing the Estate

After all liabilities have been cleared and you're confident there are no outstanding claims, you can begin distributing what remains of the estate to the beneficiaries. If there is a will, this should be done according to its instructions. If not, the distribution must follow the rules of intestacy, which set out a specific order of inheritance based on family relationships.

Some distributions may involve selling property and dividing proceeds; others may involve transferring ownership of assets directly. In either case, it’s crucial to keep records and obtain receipts or acknowledgments from beneficiaries.

Preparing a Final Estate Account

At the end of the process, the executor or administrator should produce a final set of estate accounts — a summary of all income, expenses, debts paid, and distributions made. This ensures transparency, helps protect against future disputes, and formally closes the estate’s financial affairs.

Once this is completed, and all beneficiaries have received what they are entitled to, the estate can be formally closed. At this point, the executor’s or administrator’s legal responsibilities come to an end.

In Summary

Probate is a crucial legal process that ensures a person’s estate is properly managed and distributed after their death. While it can seem complex at first, understanding how it works — and knowing what to expect — can make a difficult time more manageable for everyone involved.

Whether or not probate is required depends on the nature and structure of the deceased’s assets. It is generally needed when someone has died leaving property or significant funds in their sole name, but may not be necessary if most assets are jointly owned or fall below institutional thresholds. Importantly, the existence of a will does not automatically determine whether probate is required — rather, it guides how the estate should be divided once probate is granted.

For those planning ahead, a clearly written will, well-documented assets, and open communication with family members can go a long way toward easing the process. For those administering an estate, following the correct steps — valuing the estate, addressing tax obligations, applying for probate, and settling the estate with care — helps ensure everything is handled lawfully, transparently, and in line with the deceased’s wishes.

Above all, probate is not something you have to face alone or unprepared. With the right information, a little organisation, and — where necessary — professional guidance, it’s entirely possible to navigate the process with confidence and compassion.