What Is Probate?
A Practical Beginner’s Guide for Executors
If you’ve just been told you need to “apply for probate” and aren’t sure what that means, you’re in the right place. This guide explains everything you need to know on one page, what probate is, when it’s needed, and what you need to do next. It’s written in plain English and walks you through the full process, including often-overlooked steps like valuing personal possessions.
Whether you’re an executor or next of kin, this is the practical guide you’ve been looking for.
Quick Overview: What This Guide Covers
This article gives you everything you need to know about probate on one page. Use the links below to navigate directly to the section you need:
What is probate? A clear explanation in plain English – including what a Grant of Probate is and when you’ll need it.
Do you need probate? Find out whether probate is required in your situation and what kinds of assets trigger it.
The probate process step by step. From registering the death to distributing the estate – what to do and in what order.
Valuing the estate – including personal possessions. Why everything needs to be valued, and when a professional valuation is required for items like jewellery or antiques.
Inheritance Tax and IHT forms. Understand when you need to report tax, which forms are required, and how to avoid common mistakes.
Applying for probate. How to apply online or by post, and what documents and fees are involved.
Frequently asked questions. Common queries about probate, solicitors, valuations, jewellery, and bank access.
What Is Probate?
Understanding what probate is, and what it isn’t, is the essential starting point if you’ve been named as an executor or are responsible for handling someone’s estate.
Probate Defined
In plain terms, probate is the legal right to manage a deceased person’s estate. The official GOV.UK definition states:
“Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die.” (Source: GOV.UK – Applying for probate)
You apply for probate through the Probate Registry to obtain a document called the Grant of Probate, which proves you have the authority to carry out the person’s will and manage their affairs. Without this document, most banks, investment firms, and the Land Registry won’t release funds or approve property sales.
Probate vs the Grant of Probate
It’s important to distinguish between two meanings of the word probate:
- Probate (the process): The overall legal and administrative procedure of managing someone’s estate after death.
- The Grant of Probate (the document): The official court-issued certificate that gives the executor legal authority to act.
While the term probate is commonly used to describe both, it is technically the grant that unlocks access to the estate.
If There Is No Will
If the person who died did not leave a valid will, then the process is still broadly the same, but the terminology changes slightly. Instead of a Grant of Probate, you apply for Letters of Administration. You won’t be called an executor, you’ll be an administrator, but your responsibilities are largely the same.
Even in this case, many people still refer to the process informally as “applying for probate.” GOV.UK confirms this:
“You’ll get letters of administration if there’s no will. This gives you the legal right to deal with the estate.” (Source: GOV.UK – If there is no will).
What’s an Estate?
An estate simply means everything a person owned at the time of their death, including:
- Property or land
- Bank accounts and savings
- Investments and pensions
- Vehicles, jewellery, art, and household contents
- Any debts or liabilities, which must be settled before the estate is distributed
If you’ve been named as an executor, you are now legally responsible for sorting these matters out. This guide will walk you through the process, step by step.
Do I Actually Need Probate?
One of the first and most important questions many people ask is whether probate is required at all.
If you’re dealing with someone’s estate for the first time, it can be hard to know when the legal process of probate is necessary—and when it can be avoided. In some cases, it’s essential for unlocking access to bank accounts, property, or investments. In others, it might not be needed at all, depending on the way the assets were held and their overall value.
When Probate Is Required
You will usually need probate if the deceased:
- Owned property or land in their sole name
- Held bank accounts, investments or savings in their name only
- Had shares, bonds, or premium bonds without a named beneficiary
- Owned valuable personal possessions such as cars, art or jewellery
As GOV.UK explains, “You may need probate to deal with the estate – for example, to access bank accounts.” (Source: GOV.UK – When you need probate)
When Probate Is Not Required
In many simpler circumstances, probate isn’t necessary:
- If the deceased held bank accounts or property jointly, these assets usually pass automatically to the surviving joint owner
- If the estate consists solely of low-value possessions or small sums (typically under £5,000–£10,000 depending on the institution)
- If there are no property assets and only basic personal items
What About Bank Thresholds?
Each bank or investment firm sets its own limit for releasing funds without probate, anywhere from as low as £5,000 to as high as £50,000. Co‑op Legal estimates that many banks require probate for balances around £50,000, while others use much lower thresholds.
Example Scenarios
In many cases, whether probate is needed depends on what assets the person owned, how they were held, and the policies of the institutions involved. Here are some common examples:
A house owned solely by the deceased will usually require probate before it can be sold or transferred — yes.
A joint bank account typically passes directly to the surviving account holder without probate being needed — no.
A bank account with £20,000 in the deceased’s sole name will exceed most banks’ thresholds — yes.
A car and low-value possessions owned solely by the deceased may require probate depending on their overall value and who is asking for authority — probably yes.
Savings of around £3,000 in a sole account will often be released without probate, but you’ll need to check with the bank — unlikely.
Summary: Do You Need Probate?
In most cases, you will need probate if the person who died owned property in their sole name, had bank accounts or investments without a joint holder, or left behind high-value assets like shares or jewellery. Even a single bank account over £5,000 could trigger the need for probate, depending on the institution’s policy.
On the other hand, you may not need probate if everything was held jointly, such as a joint bank account or property held as joint tenants, or if the estate is made up entirely of low-value items. For example, if the deceased left only personal possessions and a few thousand pounds in savings, many banks will release funds without requiring probate.
There’s no universal threshold. Some banks might insist on probate for anything over £5,000, while others may allow access to accounts up to £50,000. It varies, and it’s up to each institution.
The bottom line: If you’re unsure, always contact the relevant bank, building society or institution. They will confirm whether probate is required based on the specific account and the overall value involved.
The Probate Process Step by Step
What do you actually need to do?
Once you’ve established that probate is required, the next question is what to do, and in what order. The process can seem complicated, especially if you’re acting as an executor for the first time, but in most cases it follows a clear structure.
This section outlines the typical steps involved in probate in England and Wales. While every estate is different, most will follow the same general sequence: from registering the death, through to valuing the estate, applying for the Grant of Probate, and finally distributing what remains.
Step 1: Register the Death & Obtain Death Certificates
The first official step is to register the death, which must be done within five days (unless a coroner is involved, in which case the timeline differs) in England and Wales
You’ll need to book an appointment at the local register office, bringing along the medical certificate of cause of death. At the appointment, the registrar will issue:
- A death certificate (you can also purchase additional copies, which banks and other organisations will require);
- A certificate for burial or cremation, used by funeral directors;
- A Tell Us Once reference number, which makes notifying central and local government efficient.
The registrar can also trigger the Tell Us Once service during your appointment, streamlining the process of notifying agencies such as HMRC, DWP, DVLA, and the Passport Office in one go. This saves considerable time.
Step 2: Find the Will & Identify the Executors
Once the death has been registered, your next task is to locate the will, if there is one. This might be held at the person’s home, with a solicitor, or stored with a bank or will storage service. Look for a physical copy marked “Last Will and Testament,” or a letter indicating it’s stored elsewhere.
You’ll need the original signed copy to apply for probate. If multiple wills are found, the most recent one with a valid signature and date will normally apply. Once located, check who has been named as the executor, this is the person legally responsible for administering the estate.
If you are named as the executor, you can choose whether to take on the role. You’re not obligated to do so. If you wish to step aside, you can formally renounce the role or have “power reserved” to you, allowing others to act.
What if There’s No Will?
If no valid will exists, the person is said to have died intestate, and the estate will be distributed according to the rules of intestacy. These set out who can inherit and who can act as the administrator (usually a close relative, such as a spouse, child or sibling).
In this case, you won’t apply for a Grant of Probate, but instead for Letters of Administration. These serve the same purpose: giving you the legal authority to deal with the estate.
More guidance is available on GOV.UK: Applying for probate: If there is not a will – GOV.UK
Step 3: Make a List of the Estate’s Assets and Debts
Before you can apply for probate, you’ll need to understand the full picture of the estate. That means listing everything the person owned , and everything they owed.
Start by gathering paperwork related to bank accounts, savings, pensions, property, insurance policies, shares, and debts. Contact each bank, investment company or provider to notify them of the death and request a date-of-death balance.
You’ll also need to identify any outstanding debts, including credit cards, loans, utility bills, or care fees.
This list forms the basis for valuing the estate and completing the inheritance tax forms, which is the next step.
Step 4: Value the Estate – Including Property, Investments & Chattels
Before you apply for probate (or complete Inheritance Tax forms), you must value every element of the estate. This is where most mistakes occur, and where HMRC pays careful attention.
Valuations are the “biggest single area of risk,” according to HMRC’s Inheritance Tax Toolkit. The guidance warns: “For assets with a material value you are strongly advised to instruct a qualified independent valuer.”
Here’s how to tackle different asset classes:
Property
Obtain the open market value of any real estate, as of the date of death.
- For most homes, a RICS-qualified surveyor or estate agent valuation is recommended, especially if Inheritance Tax may apply.
- HMRC expects such valuations to meet professional standards and may question informal estimates.
Investments and Pensions
Contact each provider to request account values as of the date of death. These figures are typically straightforward to obtain and require no professional valuation.
Bank Accounts
Request official balances as of the date of death. Be clear they are date-specific figures and retain written confirmation from the bank.
Chattels (Personal Possessions)
Chattels include jewellery, furniture, art, vehicles, collectibles, and general house contents. HMRC requires all items of material value to be professionally valued for probate to ensure accurate Inheritance Tax calculations.
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Step 5: Report Inheritance Tax and Submit IHT Forms
Before you can apply for probate, you must report the value of the estate to HMRC, even if no inheritance tax (IHT) is due.
If the estate is non-taxable (typically under the £325,000 nil-rate band or passing to a spouse or charity), it may qualify as an excepted estate. In these cases, you can usually report everything through the online probate application, and no formal IHT forms are required.
If the estate is taxable, or doesn’t qualify as excepted (due to size, overseas assets, or lifetime gifts), you’ll need to complete the longer IHT400 form, along with supporting schedules.
Key IHT Forms You May Need
If the estate is taxable, you’ll need to complete a range of inheritance tax forms in addition to the main IHT400. Here are some of the most commonly used forms and what they’re for:
- IHT400 – The main form for taxable estates, detailing the full value of the estate and any tax due
- IHT407 – A breakdown of household and personal goods (chattels)
- IHT405 – Used to report the value of property and land
- IHT406 – For bank and building society accounts
- IHT403 – For reporting gifts made by the deceased in the seven years before death
- IHT436 – If claiming transferable nil-rate band from a spouse’s unused allowance
Step 6: Apply for Probate (or Letters of Administration)
Once the inheritance tax paperwork is complete, and any tax due has been paid or accounted for, you can apply for probate. This is the legal step that gives you the authority to collect assets, settle debts, and distribute the estate.
In England and Wales, most people now apply online via the official GOV.UK portal. The application asks for details of the deceased, the estate’s value, and your legal standing to apply. You’ll also need to upload a copy of the death certificate, provide the HMRC reference code (if applicable), and send in the original will by post if one exists.
The online application is available here: www.gov.uk/applying-for-probate
If you prefer to apply by post, you’ll need to complete form PA1P (if there is a will) or PA1A (if there isn’t), and send these with supporting documents to the Probate Registry. Be aware that postal applications usually take longer to process.
As of 2024, the application fee is £300 for estates valued over £5,000. There’s no fee for smaller estates. You can request extra official copies of the grant for £1.50 each, useful if you need to deal with multiple banks or organisations at the same time.
Once your application is submitted, it can take up to 12 weeks to receive the Grant of Probate or Letters of Administration, depending on volume and whether the Probate Registry needs further information. Once granted, you’ll have the legal authority to access accounts, sell property, and carry out the instructions in the will or the rules of intestacy.
Step 7: Collect the Assets and Settle the Estate
Once probate has been granted, you can begin dealing with the estate in practical terms. This includes collecting funds from bank accounts, selling or transferring property, cashing in investments, and taking control of any other assets.
You’ll usually open a dedicated executor or estate account to hold the funds temporarily. From there, you can begin paying off outstanding debts, such as utility bills, credit cards, funeral expenses, or any care home fees. It’s important to make sure all known liabilities are cleared before distributing anything to beneficiaries.
If the estate is large or you’re unsure whether there may be unknown creditors, you may want to place a statutory notice in The Gazette and a local newspaper. This gives potential claimants a deadline to come forward and can protect you from personal liability as an executor if a debt emerges later.
Once all debts and expenses are settled, you can prepare for distribution. In some cases, especially where multiple beneficiaries are involved, it’s good practice to prepare a basic estate account showing what was collected, what was paid out, and what remains for distribution.
At this stage, you’re nearly ready to complete your role. The final step is to pass on what remains of the estate to those entitled to it.
Step 8: Pay Debts, Then Distribute the Estate
Once all assets have been collected, use the estate funds to pay off any remaining debts and expenses. Only after this should you distribute what’s left to the beneficiaries.
While not mandatory, preparing simple estate accounts can help show what was received, paid out, and passed on, especially if there are multiple beneficiaries.
Frequently Asked Probate Questions
How long does probate take?
For most estates, probate takes between 6 and 12 months from start to finish. The application itself can take around 8 to 12 weeks if there are no delays. Complex estates or errors in the paperwork can extend the timeline considerably.
What does probate cost?
The standard probate application fee is £300 for estates over £5,000. There’s no fee for smaller estates. Additional copies of the grant cost £1.50 each. If you use a solicitor or probate service, you’ll also pay professional fees, these can vary widely.
Should I do probate myself or hire a solicitor?
It depends on the complexity of the estate. If the estate is small, straightforward, and there’s no inheritance tax to pay, you may be able to handle probate yourself. But if the estate is high-value, includes property, overseas assets, or there’s a risk of family disputes, professional advice can help you avoid costly mistakes.
For a full breakdown—including expert insight from Lauren Clyne of Kuits Solicitors, read our detailed guide.
Do I need a solicitor?
No. You can apply for probate yourself, especially if the estate is straightforward. Many executors manage the process without legal help. However, if the estate is complex, taxable, or there’s disagreement among beneficiaries, professional advice may be worthwhile.
Can I do probate myself?
Yes. GOV.UK provides a full online system for applying without a solicitor. You’ll need to gather documents, value the estate, submit any IHT forms, and complete the probate application. It’s paperwork-heavy, but manageable for most people.
What if there’s no will?
If no will exists, the estate is classed as intestate. You’ll need to apply for Letters of Administration, and the estate will be distributed according to the rules of intestacy. A close relative can usually apply, such as a spouse or child.
Can I sell jewellery before probate is granted?
If you’re named as an executor in a valid will, you can usually sell jewellery before probate—but there are important exceptions. For example, if the jewellery is specifically left to a named beneficiary, or if there’s no will, you may need to wait until you have full legal authority.
To understand exactly when you can and can’t proceed, and how to do it properly, read our full expert guide featuring solicitor Helen Gowin.
What happens if there’s disagreement over items?
If beneficiaries can’t agree over who gets what, especially with personal items or chattels, it’s the executor’s job to act fairly and within the law. You may need to have items professionally valued, and in some cases, sell them and divide the proceeds.
Can I access bank accounts before probate?
Usually not. Most banks will freeze accounts until the Grant of Probate (or Letters of Administration) is issued. Some will release funds for funeral costs or tax payments, but you’ll need to contact each institution to confirm.
You’re Not Alone
Probate can seem daunting, but once you understand the steps, it becomes a task you can work through methodically. This guide has walked you through the full process, from understanding what probate is to collecting assets and distributing the estate.
If you’re handling an estate that includes valuables, antiques, or house contents, getting the valuations right is essential. Swift Values can provide professional, HMRC-compliant assessments to help ensure everything is properly accounted for.
If you need a second opinion or a formal valuation, whether it’s one item or a full house, our team is here to help.