When someone dies, their estate cannot simply be passed on to the people who inherit it. Before money and property can be released to beneficiaries, a legal process known as probate usually has to happen. Probate is essentially the task of gathering together everything the person owned, settling any debts and tax that are owed, and then distributing what remains according to the will, or under the intestacy rules if there is no will. It sounds formal, and it is, but it is a well-trodden path that executors and families manage every day. Understanding how it works, and what is expected of you, can make the process far less daunting.
This guide explains what probate involves in England and Wales, the difference between the main grants, the practical steps you move through, and what it costs. It is written to be clear and educational rather than to rush you into action, because when you are dealing with bereavement, the last thing you need is to feel pressed. The aim here is simply to help you know what is coming.
Grant of Probate vs Letters of Administration
The first thing to understand is that there are two main documents, and which one applies depends on whether the deceased left a valid will.
| Document | When Used |
|---|---|
| Grant of Probate | The deceased left a valid will naming an executor |
| Letters of Administration | The deceased died without a will (intestate) or no executor was named |
Both documents serve the same underlying purpose: they give you the legal authority to deal with the deceased’s estate. They let you access bank accounts, sell property and settle debts, which you cannot normally do without some kind of grant.
The probate process, step by step
Probate is not a single event; it is a sequence of tasks that usually run in a particular order. Working through them methodically keeps things manageable.
Register the death
The very first step is registering the death, which you must do within 5 days at a local register office. When you do this you receive a death certificate, and you will need several copies of it, because most institutions ask to see an original when you open the estate paperwork with them.
Value the estate
Next, you need to work out what the estate is worth. That means listing all the assets — property, savings, investments and possessions — as well as all the debts, such as mortgages, loans and credit cards. Getting an accurate picture here matters, because it determines both whether inheritance tax is due and what you will put on the application forms.
Apply for the grant
Once you have the figures, you complete the relevant application form — form PA1A if there is no will, or form PA1 if there is a will — and send it to the probate registry along with the death certificate and the inheritance tax form.
Pay inheritance tax
Any inheritance tax that is due must be paid before or at the same time as the probate application. The good news, where cash flow is a concern, is that you can often pay it directly from the estate’s bank account rather than from your own money.
Collect the assets
Armed with the grant, you can then contact banks, pension providers and other institutions to release the funds that make up the estate. This is where the grant really earns its keep, because without it these organisations will not hand over money or property.
Pay debts and distribute
Finally, you settle any outstanding debts and distribute what remains to the beneficiaries, exactly as the will specifies or, failing that, under the intestacy rules.
Probate fees
The current probate application fee is £273, and it is the same regardless of the estate’s value. There is no fee at all if you are applying as the spouse or civil partner of the deceased. It is worth noting that the fee is only part of the picture — you may also face costs for property valuations and professional help if you use it — but the application fee itself is a fixed sum.
How long does probate take?
The honest answer is that it varies, and most estates take 6 to 12 months to work through. A number of factors affect the timing, including:
- The complexity of the estate
- Whether there are disputes between beneficiaries
- How quickly financial institutions provide the information you need
- Whether inheritance tax is due
Simple estates with no inheritance tax may be completed in 3 to 6 months. More complex estates, particularly those that include property and investments, can easily take over a year. Patience is very much part of the role.
Inheritance tax and probate
Inheritance tax and probate are closely linked. Inheritance tax must be paid before or alongside the probate application, and you can usually settle it from the estate’s bank account directly. If the estate cannot pay immediately — which can happen when most of the value is tied up in property — you may need to arrange a payment plan with HMRC rather than paying everything upfront.
A worked example
To see how this comes together, it helps to work through a realistic case. James dies leaving an estate worth £300,000:
| Component | Amount |
|---|---|
| Property | £200,000 |
| Savings | £70,000 |
| Investments | £30,000 |
| Total assets | £300,000 |
| Outstanding mortgage | £80,000 |
| Credit card debt | £5,000 |
| Net estate | £215,000 |
The nil-rate band of £325,000 fully covers the net estate. In other words, there is nothing left over to be taxed, so no inheritance tax is payable. The figures therefore look like this:
- IHT payable: £0
- Probate fee: £273
- Net estate distributed to beneficiaries: £215,000
If James had a will naming his daughter as executor, she applies for a Grant of Probate. If James had no will, his next of kin instead applies for Letters of Administration. The practical steps, and the figures, are the same either way.
Practical notes for executors
Being an executor is a responsibility, but it is one that many people manage without professional help. A few habits make it easier:
- Keep detailed records of every transaction
- Open a separate bank account for the estate
- Notify relevant organisations — banks, pension providers, HMRC and utility companies
- Be patient with financial institutions, as processing can be slow
- Consider professional help for complex estates
Closing thoughts
Probate can feel overwhelming at a time when you may already be coping with grief, but it is a structured process with clear steps and fixed fees. If you take it in stages — register, value, apply, pay tax, collect, distribute — it becomes far more manageable. Remember that the rules covered here apply to England and Wales; Scotland and Northern Ireland each have their own processes. This guide is intended for general information only. For complex estates, disputes, or anything you are unsure about, it is sensible to consult a solicitor or a probate professional who can advise on your specific circumstances.