How Does Probate Work in the UK?

Losing someone is difficult. Dealing with their finances and property afterwards can feel overwhelming. This process is often called ‘probate’. But what does it actually involve? This guide explains probate in the UK simply.

What is Probate?

Probate is the official process of managing the estate of someone who has died. The ‘estate’ includes everything they owned – their home, savings, investments, car, and personal belongings. Probate gives someone the legal authority to deal with these assets. This usually means paying any debts and taxes, then sharing out what’s left according to the person’s Will, or the law if there isn’t a Will.

Is Probate Always Needed?

No, probate isn’t always required. It often depends on the value of the estate and how the assets were owned.

For example, you might not need probate if: 

• The person owned everything jointly with someone else (like a spouse). These assets usually pass automatically to the surviving joint owner.
• The estate is small (often under £5,000, though banks have different limits). Some banks may release funds without needing probate for smaller amounts.

However, if the person owned property or significant assets solely in their name, probate is usually necessary.

Who Deals With Probate?

If the person left a valid Will, they likely named one or more ‘executors’. It’s the executor’s job to handle the probate process. They apply for the legal authority, called a ‘Grant of Probate’.

If there isn’t a Will (known as dying ‘intestate’), the law decides who inherits and who can manage the estate. The closest living relative usually applies to be the ‘administrator’. They apply for a ‘Grant of Letters of Administration’. Both grants give similar powers to manage the estate.

The Probate Process Step-by-Step

While each estate is different, the main steps generally include:

1. Find the Will: Locate the original, signed Will if one exists.
2. Value the Estate: The executor or administrator must work out the total value of everything the person owned, minus any debts they had. This includes getting valuations for property, bank accounts, shares, and valuable items.
3. Calculate Inheritance Tax: Figure out if Inheritance Tax is due. If it is, at least some of it usually needs paying before probate is granted. You’ll need to complete tax forms for HM Revenue & Customs (HMRC).
4. Apply for the Grant: Complete the relevant probate application form (either online or paper). This involves providing details about the deceased, the Will (if any), the estate’s value, and the executors or administrators.
5. Submit the Application: Send the application, the original Will (if applicable), the death certificate, and the application fee (if required) to the Probate Registry.

Getting the Grant of Representation

Once the Probate Registry approves the application, they issue the Grant of Representation. This is the official document proving your authority. If there’s a Will, it’s called a Grant of Probate. If there’s no Will, it’s Letters of Administration. Obtaining this grant can sometimes be complex, involving detailed forms and tax calculations. Many people choose to seek professional help from Grant of Probate Services UK providers to ensure everything is handled correctly and efficiently.

After the Grant is Issued

With the Grant, the executor or administrator can:

• Close bank accounts and collect the money.
• Sell property and other assets.
• Pay off any outstanding debts and final bills.
• Distribute the remaining assets to the beneficiaries named in the Will or according to intestacy rules.
• Prepare final estate accounts showing all transactions.

How Long Does Probate Take?

It’s hard to say exactly. A simple estate might take a few months. However, complex estates, especially those involving property sales or Inheritance Tax, can take a year or longer. Delays at the Probate Registry can also affect timelines.

Probate ensures someone’s final wishes are respected and their affairs are settled legally. While it can seem daunting, understanding the steps involved makes the process clearer.