Dealing with a loved one's estate is stressful enough without the confusion of legal processes. Probate is the court-issued authority that lets you access and distribute someone's assets after they die. Whether you're an executor named in a will or the next of kin applying as an administrator, understanding the probate process, costs, and timescales will help you manage things more smoothly. Tracking estate finances during this period is easier with a dedicated tool — the SYM app can help you keep a clear record of incoming funds and outgoing payments throughout the process.
What Is Probate and When Do You Need It?
Probate (or a Grant of Representation) is a legal document issued by the Probate Registry that confirms you have the authority to deal with a deceased person's estate. If there is a valid will, the named executor applies for a Grant of Probate. If there is no will (intestacy), the nearest relative applies for Letters of Administration. Not every estate requires probate — if assets are held jointly and pass by survivorship, or if the estate is below certain thresholds set by individual banks and institutions, you may be able to settle things without it.
- Grant of Probate: For executors named in a valid will
- Letters of Administration: For next of kin when there is no will
- Small estate threshold: Many banks release accounts under £5,000–£50,000 without probate (each institution sets its own limit)
- Joint assets: Property and bank accounts held as joint tenants pass automatically to the surviving owner
How Much Does Probate Cost?
The cost of probate depends on whether you handle the application yourself or instruct a solicitor. The court application fee itself is relatively modest, but professional fees can add up quickly.
- Probate Registry application fee: £300 (estates valued over £5,000). Estates under £5,000 pay no fee
- Additional copies of the grant: £1.50 each — order several as banks and institutions often want an original
- DIY probate: You only pay the court fee plus any incidental costs like valuations
- Solicitor-handled probate: Typically £2,000–£5,000+ for straightforward estates, or 1–2% of the estate value for complex ones
- Probate specialists and online services: £500–£1,500 for guided DIY or limited assistance packages
- Inheritance tax: Must be paid (or arrangements made) before the grant is issued — this is separate from probate costs
How Long Does Probate Take?
The probate timeline varies based on the complexity of the estate, whether IHT is due, and the current backlog at the Probate Registry. Here is a typical breakdown for a straightforward estate.
- Gathering documents and valuations: 2–8 weeks
- Submitting the probate application: After all IHT paperwork is filed
- Probate Registry processing: Currently 8–16 weeks from submission
- Collecting assets and paying debts: 4–12 weeks after the grant is issued
- Distributing the estate: Executors usually wait at least 6 months from the grant to protect against unknown claims (the Executor's Year)
- Total end-to-end: 6–18 months for most estates, longer if there are disputes or complex assets
How to Apply for Probate Yourself
Many executors handle probate themselves, especially for straightforward estates. The process has been digitised and you can apply online through GOV.UK.
- Step 1: Register the death and obtain the death certificate
- Step 2: Locate the will and identify all assets and liabilities
- Step 3: Value the estate — get professional valuations for property, investments, and valuable possessions
- Step 4: Complete inheritance tax forms (IHT205 for excepted estates or IHT400 for taxable estates)
- Step 5: Pay any IHT due or arrange a payment plan with HMRC (you may need to use the Direct Payment Scheme to release funds from the deceased's bank)
- Step 6: Apply online at GOV.UK or by post using form PA1P (with a will) or PA1A (without)
- Step 7: Swear a statement of truth and submit the original will
- Step 8: Once the grant is issued, send copies to banks, insurers, and other institutions to collect and distribute assets
When to Instruct a Solicitor
While DIY probate is manageable for simple estates, professional help is advisable in certain situations. If the estate includes a business, foreign assets, trusts, or if beneficiaries are likely to dispute the will, a solicitor can protect you from personal liability. Executors are personally liable for mistakes, including distributing the estate incorrectly or failing to pay valid debts. If in doubt, at least get an initial consultation — many solicitors offer a free first meeting. Keep all receipts and professional fee invoices organised with the SYM app so you have a clear audit trail of estate administration costs.
- Complex estates with multiple property holdings or business interests
- Any estate where inheritance tax is payable
- Disputes between beneficiaries or challenges to the will
- Foreign assets that may require separate legal processes abroad
- Cases of intestacy with multiple potential beneficiaries
FAQ
Common questions about probate in the UK.
Can I access any of the deceased's money before probate is granted?
Some banks allow limited access for funeral costs through the Bereavement Payment Scheme. Otherwise, most institutions will not release funds until they receive a sealed copy of the grant. The Direct Payment Scheme lets HMRC collect IHT directly from the deceased's bank before probate.
Do I need probate if everything was jointly owned?
If all assets were held as joint tenants (not tenants in common), they pass automatically to the surviving owner and probate is usually not required. However, if there are any assets in the deceased's sole name, you may still need it.
How much does a probate solicitor cost?
Fees vary widely. Expect £2,000–£5,000 for a straightforward estate. Some firms charge a percentage of the estate value (typically 1–2%), which can be significantly more for large estates. Always ask for a detailed quote and compare several firms.
What happens if someone dies without a will?
The estate is distributed according to the rules of intestacy, which prioritise the spouse or civil partner and then children. Unmarried partners have no automatic right to inherit. The nearest eligible relative can apply for Letters of Administration.
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