Probate in the UK: What It Is, When It’s Needed, and How to Navigate It

By Clare Townhill • Updated 25th February 2026
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Note: This guide applies to England and Wales. Legal processes and terminology differ in Scotland and Northern Ireland.

What is probate and why it is important to know

Probate is the legal process in the UK that confirms the validity of a will and grants the named executor legal authority to manage and distribute the deceased’s estate.

If there’s no will, a similar process grants a family member authority through Letters of Administration. Its purpose is to ensure all liabilities — such as mortgages, loans, and inheritance tax — are settled before assets are legally passed on to the rightful beneficiaries. Probate also protects financial institutions and beneficiaries by establishing a verified legal route for asset transfer.

If the deceased left a valid will, the executor named in the will has the legal right and responsibility to apply for a Grant of Probate — a legal document confirming their authority to administer the estate. The executor can apply themselves or be represented by a lawyer. In many cases, executors also choose to work with specialist probate providers such as Kings Court Trust, who focus specifically on estate administration and probate support. This can be particularly helpful where the estate includes property, business interests, or multiple beneficiaries, or where the executor wants reassurance that all legal and tax obligations are handled correctly.

To apply for probate, the executor must submit the original will and an official death certificate to the probate registry. The entire process involves identifying and valuing the deceased’s assets, settling any debts and taxes, and distributing what remains to the beneficiaries named in the will.

If there is no valid will, the deceased is considered to have died intestate, and a close family member — usually a spouse, civil partner, or adult child — must apply for Letters of Administration. This grants them the same authority as an executor, but the estate must be distributed according to strict legal rules rather than personal wishes.

Probate is typically required when the estate includes solely owned property, substantial bank accounts, investments, or business interests.

Probate with a will

When a valid will exists, the probate process begins by confirming its authenticity and identifying the executor. The executor is legally responsible for collecting all assets, paying off debts and taxes, and distributing the estate in accordance with the will’s instructions.

You’ll need the original will (if there is one). You may also need a copy of the death certificate in certain circumstances — for example, if the death occurred outside England and Wales, or you have an interim coroner’s certificate.

The estate of the deceased commonly includes:

• The family home or any additional property.
• Bank accounts and savings.
• Stocks, shares, and pensions.
• Valuable personal items (cars, jewellery, collections).
• Business assets and company shares.
• Any unpaid income, such as rent or dividends.

The executor can usually market property and accept an offer ‘subject to probate’, but you generally cannot exchange contracts or complete a sale until the grant is issued.

Not all assets require probate — in particular, jointly held assets or those held in trust may pass outside the probate process.

Probate without a will in the UK

If someone dies without a valid will, they are said to have died intestate, and estate administration becomes more complex. No executor is named, so a family member must apply to the court for Letters of Administration. This grants them similar authority to an executor, but they must follow a strict legal order when distributing the estate’s assets.

This priority order under intestacy law typically starts with the surviving spouse or civil partner, then children, parents, siblings, and more distant relatives. Importantly, unmarried partners and stepchildren have no automatic right to inherit, regardless of how long they lived with the deceased.

The administrator has a fiduciary duty to act in the best interests of the estate and its beneficiaries. Probate in such cases typically takes longer and involves greater procedural complexity due to the lack of predetermined instructions for asset distribution.

When probate is required

Probate is legally required when the deceased owned assets in their sole name, such as property, investments, or significant cash holdings. Financial institutions will not release funds or transfer ownership without seeing either a Grant of Probate or Letters of Administration.

Common triggers for probate:

• Property held solely by the deceased.
• Bank or financial institution accounts above their individual threshold (which varies — some may release funds under £20,000–£50,000 without a grant).
• Business assets or shares.
• Disputes over inheritance or beneficiaries.

Situations where probate may not be needed:

• Joint assets held as joint tenants usually pass automatically to the survivor. Assets held as tenants in common do not — the deceased’s share forms part of the estate.
• Life insurance policies written in trust go directly to named beneficiaries.
• Some pensions and small accounts may be released with just a death certificate, depending on the policies of the relevant institution.
• If the estate is made up of cash and personal possessions only, probate may not be necessary.

Even if an estate is insolvent (debts exceed assets), probate or letters of administration are often still needed to identify liabilities and deal with creditors. For business owners, probate is usually essential to transfer, sell, or refinance commercial assets, particularly where warehouses, machinery, or stock are involved.

Step-by-step probate process (with a will)

Step 1: Collect key documents. Gather the original will, official death certificate, property valuations, and financial statements. Include bank details, pension values, outstanding debts, and business asset records.

Step 2: Value the estate and assess inheritance tax. Calculate the estate’s total value to determine if Inheritance Tax (IHT) applies. Complete the relevant inheritance tax reporting (which differs for excepted vs non-excepted estates) before applying for the grant.

Step 3: Apply for the Grant of Probate. Apply online via GOV.UK using the collected documents and HMRC tax confirmation. Pay the probate fee for estates over £5,000.

Step 4: Administer the estate. Once the grant is issued, settle debts, legal fees, funeral costs, and taxes. Manage or sell property and business assets as needed. Maintain insurance throughout.

Step 5: Prepare accounts and distribute to beneficiaries. Compile detailed estate accounts showing all transactions. Share with beneficiaries and only distribute the inheritance once all obligations are resolved.

Executor and administrator responsibilities

Whether acting as an executor (with a will) or administrator (without a will), the legal responsibilities are largely the same. Both roles carry full legal liability for managing the estate correctly under UK law.

Key responsibilities include:

• Safeguarding the deceased’s assets immediately following death.
• Ensuring the property is insured and secure during the administration period.
• Notifying financial institutions and government bodies of the death.
• Opening a separate executor account for all estate-related transactions.
• Keeping full records of every financial transaction.
• Paying off debts, taxes, and fees before any inheritance is distributed.
• Distributing assets accurately based on the will or intestacy law.

Personal representatives are legally liable for any mistakes made during probate, including distributing funds before debts or taxes are settled. In complex estates — especially where there are business holdings, foreign assets, or family disputes — professional legal and tax advice is strongly recommended. Specialist probate providers such as Kings Court Trust can assist with the practical and legal aspects of estate administration, helping to reduce risk and ease the burden on those acting as personal representatives.

Tax, debts and timescales in probate

Settling debts and paying taxes are central to the probate process and must be completed before any inheritance is passed to beneficiaries. Executors must ensure all liabilities are accounted for and paid in the correct order to avoid personal liability.

Key taxes involved include:

• Inheritance Tax (IHT): Charged on estates above the nil-rate band (£325,000, or more if the residence nil-rate band applies).
• Income Tax: Owed on income received during the administration period (e.g. rental income, dividends).
• Capital Gains Tax (CGT): May apply if assets are sold for more than their probate value.

Debts must be paid in this order:

• Funeral and testamentary expenses.
• Secured debts such as mortgages.
• Tax liabilities (IHT, income tax).
• Unsecured debts like credit cards or personal loans.
• Only after the above: distributions to beneficiaries.

The Grant of Probate is typically issued within 8 to 12 weeks, provided all documentation is correct and there are no complications. Full administration of the estate — including settling debts, taxes, and asset distribution — often takes 6 to 12 months for simple estates, and longer for complex ones.

Delays often result from missing documents, slow property sales, HMRC queries, or disagreements among beneficiaries. Executors should avoid rushing distributions until the estate is fully settled.

Planning ahead: estate planning, succession planning, and business probate preparation

Understanding probate is not only crucial after someone dies — it’s equally important for planning ahead. Having a valid, up-to-date will significantly reduces probate delays and protects your loved ones from unnecessary stress.

If you own property, operate a business, or have valuable assets, consider these planning steps:

• Appoint a capable and trustworthy executor.
• Clearly outline who should inherit your home, savings, and business interests.
• Maintain updated records of all accounts, policies, property deeds, and investments.
• Ensure any shareholder or partnership agreements align with your will.
• For business owners: provide guidance on what should happen to stock, contracts, or commercial premises.

Organised records and clear legal instructions make probate faster and far less stressful for those left behind. Without this, executors may face delays, costly legal issues, or disruption to ongoing operations.

Seeking early professional legal and financial advice — particularly around tax efficiency, succession planning, and business continuity — lays the groundwork for a smooth estate administration process and protects the long-term interests of your beneficiaries.