Do I always need probate when someone dies?

Not always. Probate is typically not needed for jointly held assets that pass automatically to the survivor, or for small estates where individual assets are below the institutions' thresholds (usually £5,000-£50,000). Most estates with property or significant savings will require probate.

How long does probate take?

The probate application typically takes 8-12 weeks to process. The entire estate administration process usually takes 6-12 months for straightforward estates, but can take longer for complex estates involving property sales, tax issues, or disputes.

What happens if there is no will?

If someone dies without a valid will (intestate), their estate is distributed according to intestacy rules. Spouses/civil partners and children are prioritised. A close relative can apply for letters of administration to manage the estate. The rules may not reflect what the deceased would have wanted, which is why making a will is so important.

Can an executor be a beneficiary of the will?

Yes, it's very common for executors to also be beneficiaries. Often, a spouse or adult child is named as both executor and main beneficiary. There's no legal conflict, though the executor must still act in the best interests of all beneficiaries.

What if I don't want to be an executor?

You can renounce your role as executor, but you must do this before taking any steps to administer the estate (such as registering the death or dealing with assets). Once you've started acting as executor, you cannot renounce. Another executor named in the will can then take over, or the court will appoint an administrator.

Complete Guide to Probate in England & Wales | The Solicitor Directory

What is Probate?

Probate is the legal process of dealing with someone's estate (their money, property, and possessions) after they die. The term "probate" specifically refers to obtaining a grant of probate from the court, which gives you the legal authority to access the deceased's assets, pay their debts, and distribute what remains to the beneficiaries.

If the deceased left a valid will, the grant is called a "grant of probate" and is given to the executors named in the will. If there was no will, or the will is invalid, the grant is called "letters of administration" and is issued to the deceased's closest relatives according to a set order of priority. The person administering the estate is then called an administrator rather than an executor.

Not all estates require probate. If the deceased's assets were held jointly with someone else (such as a spouse), those assets typically pass automatically to the surviving owner. Similarly, small bank accounts and assets below certain thresholds may be released without a grant. However, most estates involving property, significant savings, or investments will require probate.

The Probate Process Step by Step

The probate process begins with valuing the deceased's estate. This involves identifying all their assets, including property, bank accounts, investments, pensions, and personal possessions, as well as any debts they owed. You'll need to obtain valuations for property and significant items, and contact banks and other institutions to confirm account balances at the date of death.

Once you have a full picture of the estate, you can determine whether any Inheritance Tax is due. The current threshold (nil-rate band) is £325,000, with an additional residence nil-rate band of £175,000 if a home is passed to direct descendants. Any tax due must typically be paid before the grant is issued, though payment arrangements exist for property that cannot be immediately sold.

The probate application is submitted to the Probate Registry, either online or by post. You'll need to provide the original will (if there is one), the death certificate, details of the estate's value, and the probate application fee. Processing times vary but typically take 8-12 weeks. Once the grant is issued, you can begin collecting assets, paying debts, and distributing the estate to beneficiaries.

Inheritance Tax and Estate Administration

Inheritance Tax (IHT) is charged at 40% on the value of an estate above the nil-rate band (currently £325,000). However, various exemptions and reliefs can reduce or eliminate the tax liability. Transfers between spouses or civil partners are exempt, and unused nil-rate band can be transferred to a surviving spouse. Gifts to charities are also exempt and can reduce the IHT rate on the remaining estate.

Calculating the IHT liability requires careful consideration of lifetime gifts, business and agricultural property reliefs, and the residence nil-rate band. Gifts made within seven years of death may be brought back into the estate for tax purposes, though taper relief may reduce the tax if the gift was made more than three years before death. The complexity of IHT means professional advice is often valuable.

Paying IHT can be challenging when the estate's main asset is property. Banks will often release funds to pay IHT directly to HMRC, and IHT on property can sometimes be paid in instalments over ten years. Your solicitor or accountant can advise on the most tax-efficient approach and help ensure all reliefs are claimed.

Duties of Executors and Administrators

Being an executor or administrator is a significant responsibility. You have a legal duty to administer the estate properly, which includes protecting the assets, paying legitimate debts, and distributing the estate according to the will or intestacy rules. Executors can be personally liable for mistakes, so it's important to keep detailed records and follow the correct procedures.

Key duties include registering the death, arranging the funeral (if not already done), securing the deceased's property, notifying relevant organisations, and valuing the estate. You must also place statutory notices in The Gazette and a local newspaper to protect yourself against unknown creditors. Claims must be made within a specified period, after which you can safely distribute the estate.

If you're uncomfortable acting as executor, you can renounce your appointment before taking any steps to administer the estate. Alternatively, you can appoint a solicitor to act on your behalf while you remain the legal executor. This is often a sensible choice for complex estates or where family dynamics make administration difficult.

Probate Costs and Timescales

Probate costs vary depending on the estate's complexity and whether you use professional help. The probate application fee is currently £300 (estates under £5,000 are exempt). If you handle probate yourself, this may be your only significant cost, though you'll spend considerable time on the process.

Professional probate fees vary widely. Some solicitors charge a percentage of the estate value (typically 1-4%), while others charge hourly rates or fixed fees. For a straightforward estate worth £300,000, you might expect to pay £3,000-£6,000 for full probate services. Complex estates with property, business interests, or disputes will cost more. Always obtain detailed quotes and understand what's included.

The timescale for probate depends on the estate's complexity. Simple estates with no property and no IHT may be completed in 3-6 months. Most estates take 6-12 months, while complex estates involving property sales, tax planning, or disputes can take several years. The probate application itself typically takes 8-12 weeks to process.

When to Use a Probate Solicitor

While it's possible to handle probate yourself, many people find the process overwhelming, especially while grieving. A probate solicitor can guide you through the process, handle the paperwork, and ensure nothing is missed. They're particularly valuable for complex estates or where disputes might arise.

Consider using a solicitor if the estate includes property, business interests, or assets abroad. Professional help is also advisable if there are potential IHT planning opportunities, if the will is unclear or might be contested, or if there are complicated family dynamics. Even if you want to handle most of the process yourself, a solicitor can provide specific advice on tricky issues.

When choosing a probate solicitor, look for someone who specialises in this area and can explain the costs clearly. Ask whether they charge fixed fees or hourly rates, and what's included. Some firms offer "probate only" services where they obtain the grant and you handle the administration, which can be a cost-effective middle ground.