What Is Probate in the UK?

Probate is the legal process of dealing with a deceased person's estate — collecting their assets, paying any debts and tax owed, and distributing what's left to the beneficiaries named in their will (or under intestacy rules if there's no will). It's a process, not a single document, though the term is also used loosely to refer to the "grant of probate" itself.

What the grant of probate actually is

A grant of probate (or, if there's no will, a "grant of letters of administration") is the official document that gives the executor or administrator legal authority to access the deceased's accounts, sell property if needed, and otherwise act on the estate's behalf. Banks, the Land Registry, and other institutions typically require this grant before releasing significant assets — it's their way of confirming the person acting has genuine legal authority.

Who applies for probate

If there's a valid will, the named executor (or executors) applies. If there's no will, the closest qualifying relative under intestacy rules typically applies instead, becoming the "administrator" of the estate. Executors and administrators can apply themselves or instruct a solicitor to handle it on their behalf — and if you've just been named as one, our guide to what an executor actually does lays out the whole job in order.

Is probate always needed?

Not always. Smaller estates, or estates where assets are jointly owned and pass automatically to a surviving joint owner, sometimes don't require a formal grant of probate at all — banks and other institutions have their own thresholds below which they may release funds without seeing a grant. Whether it's needed depends on the specific assets involved, not a single fixed rule.

The broad steps involved

While the exact process varies, probate broadly involves: valuing the estate (everything owned, and everything owed), reporting to HMRC and paying any inheritance tax due (see our inheritance tax guide), applying for the grant of probate, then using that grant to collect in assets, settle debts, and finally distribute what remains to beneficiaries.

How long it typically takes

Probate timelines vary considerably depending on the complexity of the estate, whether inheritance tax is involved, and current processing times at the Probate Registry — straightforward estates can take several months, while more complex ones can take a year or more. It's rarely a quick process, which is worth preparing beneficiaries for in advance.

Can you do probate yourself?

Yes — for straightforward estates, executors can apply for probate themselves without a solicitor, using the government's own application process; our breakdown of what probate actually costs compares the DIY, fixed-fee and percentage-fee routes. For larger or more complex estates (business assets, overseas property, disputes among beneficiaries — see how wills get contested — or complicated inheritance tax positions), instructing a solicitor is generally worth the cost to avoid personal liability for mistakes, since executors can be personally responsible for errors in administering the estate.

This is general information about the law in England and Wales, not personalised legal advice. Rules, thresholds and processes change, and Scotland and Northern Ireland have different rules in places — for anything that depends on your own circumstances, it is worth speaking to a solicitor (ideally one accredited by STEP or Solicitors for the Elderly) or checking GOV.UK and Citizens Advice for current detail.