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Probate

Also known as: Grant of Probate, Probate Process, Estate Administration

Definition

Probate is the legal authority that allows executors to access, manage, and distribute a deceased person's money, property, and possessions according to their will or intestacy rules.

Understanding probate is essential when dealing with someone's estate, as banks and other institutions typically won't release assets without this official court permission.

What Does Probate Mean?

In England and Wales, probate has two related meanings that often cause confusion. First, it refers to the official court document—formally called a "grant of probate"—issued by the Probate Registry (part of HM Courts & Tribunals Service) that gives executors legal authority to deal with the deceased's estate. Second, people use "probate" to describe the entire legal and financial process of administering an estate after death. The Non-Contentious Probate Rules 1987 govern this process, establishing who can apply, what documentation is required, and how the grant is issued. When someone dies without a will, the equivalent document is called "letters of administration," but the purpose remains the same: providing legal authority to deal with the estate.

Approximately half of UK estates require probate, though whether you need it depends on the deceased's specific asset ownership structure, not simply whether they left a will. You'll typically need probate when the deceased owned property in their sole name, had bank accounts over £5,000 to £50,000 (thresholds vary by institution), or held stocks, shares, or investments in their sole name. Sarah owned a house worth £280,000 in her sole name and had £18,000 in savings across two banks—her daughter Emma needed probate to access any of these assets, regardless of the will's instructions. Probate is usually not required when the total estate is under £5,000, assets are held as joint tenants (passing automatically to the survivor), or when accounts are jointly held with a surviving owner.

Each bank and financial institution sets its own probate threshold, creating frustrating uncertainty for bereaved families. Barclays and Nationwide require probate for amounts over £50,000, while Monzo's threshold is just £5,000. David had £12,000 split across three different banks—he needed probate because each bank's individual threshold applied to their specific account, and two of them required probate for amounts over £10,000. Always contact each institution directly to confirm their specific requirements, as they may exercise discretion even below their stated thresholds or require probate regardless of amount in certain circumstances.

The probate process typically takes 6 to 12 months from death to final distribution, though straightforward estates can be completed faster. The court application itself costs £300 for estates over £5,000, with no fee for smaller estates. You'll also need extra certified copies of the grant at £1.50 each—most executors need 4 to 6 copies to deal with different institutions simultaneously. If you handle probate yourself for a straightforward estate, these fees may be your only significant costs. Solicitors typically charge 2% to 5% of the estate value (£2,000 to £10,000 or more), though professional help becomes wise for complex estates involving business assets, property sales, disputes between beneficiaries, or overseas holdings.

Common Questions

"Do I need probate if my parent left a will?"

Having a will doesn't determine whether you need probate—what matters is the value and ownership of your parent's assets. You'll need probate if they owned property in their sole name or had bank accounts, shares, or investments over each institution's threshold (typically £5,000 to £50,000). Contact each bank and organisation directly to confirm their specific requirements for the amounts involved.

"How much does probate cost in the UK?"

The Probate Registry charges £300 for estates worth over £5,000, with no fee for smaller estates. Extra certified copies cost £1.50 each. If you handle probate yourself, these may be your only major costs. Solicitors typically charge 2% to 5% of the estate value, meaning DIY probate can save £2,000 to £10,000 or more for straightforward estates without complex assets or disputes.

"How long does the probate process take?"

The Probate Registry currently processes online applications in approximately 5 weeks and paper applications in around 14 weeks. However, the entire estate administration process—from death to final distribution of assets to beneficiaries—typically takes 6 to 12 months for most estates. Complex cases involving inheritance tax, property sales, business valuations, or beneficiary disputes can take 18 to 24 months.

Common Misconceptions

Myth: Having a will means my family won't need to go through probate.

Reality: A will doesn't avoid probate—in fact, having a will typically triggers the need for probate rather than avoiding it. Probate is the legal process that confirms the will is valid and gives executors the authority to act on it. What determines whether probate is needed is the deceased's asset ownership structure and value, not whether they had a will. The will simply dictates who inherits what once probate is granted and executors can access the assets.

Myth: Probate always costs thousands of pounds and takes years to complete.

Reality: The basic court fee is just £300 for estates over £5,000, and you can apply for probate yourself without a solicitor for straightforward estates. Most probate applications are processed within 5 to 14 weeks, and total estate administration typically takes 6 to 12 months. High costs and delays occur when you hire solicitors (optional for simple estates) or face complications like disputes, business interests, or overseas assets—but thousands of families successfully handle straightforward probate applications themselves each year.

Understanding probate connects to these related concepts:

  • Executor: The person who applies for probate when there's a valid will and who receives legal authority to administer the estate once probate is granted.
  • Grant of Probate: The formal name for the official court document issued when there's a will, often shortened to simply "probate" in everyday use.
  • Letters of Administration: The equivalent document to probate issued when someone dies without a valid will, serving the same purpose of providing legal authority to administer the estate.
  • Estate Administration: The broader process that includes obtaining probate as a key early step, covering everything from valuing assets to distributing inheritance.
  • Probate Registry: The government office where you apply for probate and where the grant is officially issued after reviewing your application.
  • Understanding the Probate Process: A Complete Guide: Explores the step-by-step probate application process, building on the foundational knowledge of what probate is and when it's required.
  • When Do You Need Probate in the UK?: Provides detailed guidance on determining whether your specific situation requires probate, including institution-specific thresholds and property ownership scenarios.
  • How to Apply for Probate Yourself: Shows you how to handle DIY probate for straightforward estates, potentially saving thousands in solicitor fees while understanding your legal responsibilities.
  • Probate Costs and Fees Explained: Breaks down all potential costs from court fees to solicitor charges, helping you budget for estate administration and decide whether to handle probate yourself.
  • Common Probate Problems and Solutions: Addresses complications that can arise during probate, from beneficiary disputes to complex asset valuations, and when to seek professional help.

Need Help with Your Will?

Creating a clear, legally valid will helps your executors understand your wishes and navigate the probate process more smoothly. While a will doesn't avoid probate, it ensures your estate is distributed according to your instructions once probate is granted.

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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor. Probate requirements vary by financial institution and individual circumstances—always contact banks, building societies, and other asset holders directly to confirm their specific requirements for your case.