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Frequently Asked Questions

These FAQs are for general information only and are not legal or tax advice. Probate rules can vary depending on your circumstances in England & Wales.

What is probate?

Probate is the legal process of dealing with someone’s estate after they die. It usually involves valuing assets, settling any tax and debts, and distributing what remains under the Will (or the rules of intestacy if there is no Will). (GOV.UK)

Not always. You may need a Grant of Probate if the person:

  • owned property in their sole name, or

  • had assets (bank accounts, investments, shares) that institutions won’t release without a Grant.

You may not need a Grant where most assets were held jointly and pass automatically to the surviving owner (this depends on the type of joint ownership and the asset-provider’s rules). (The Gazette)

Executors (or administrators, if there is no Will) are responsible for:

  • identifying and valuing assets and liabilities

  • reporting and paying any tax due

  • applying for the Grant of Probate where required

  • collecting assets, paying debts and bills

  • preparing estate accounts

  • distributing the estate correctly to beneficiaries (Citizens Advice)

  • If there is a Will, the executor(s) named in it can usually apply for probate. (GOV.UK)

  • If there is no Will, an administrator can apply (usually a close relative, following the legal order of priority). (Citizens Advice)

Getting the Grant: Usually receive probate within 12 weeks of submitting the application (longer if more information is needed). (GOV.UK)
Finishing the estate: This can take months and sometimes longer, especially where there’s a property sale, complex assets, tax, or delays from third parties.

No, many people apply themselves. However, professional support can be helpful if the estate is complex, time-sensitive, or there’s a risk of dispute.

You can usually market the property and accept an offer before probate is granted, but buyers typically can’t complete until the Grant is issued.

In simple terms:

  1. Identify assets, debts, and key documents (Will, death certificate, etc.)

  2. Value the estate

  3. Complete inheritance tax reporting/payment where required

  4. Apply for the Grant

  5. Collect assets, pay debts and bills

  6. Prepare estate accounts

  7. Distribute to beneficiaries (GOV.UK)

If the estate is over £5,000, the application fee is £300. There’s no fee if the estate is £5,000 or less. Extra official copies are £16 each. (GOV.UK)

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