What Is Probate and Do You Need It? A Plain-English Guide

When someone dies, their assets cannot simply be handed out to the people named in the will. In most cases, a legal process must first occur to confirm the will's validity and give the executor the formal authority to act. That process is called probate.

What Is Probate?

Probate is the legal process by which a will is officially recognised by a court, and the executor is granted the authority to administer the estate. The document that confers this authority is called a grant of probate. Without it, most banks, financial institutions, and the Land Registry will refuse to release or transfer assets.

Where there is no will, a similar process applies — but the document issued is called letters of administration, and the person appointed is an administrator rather than an executor. The court selects the administrator according to a fixed legal priority (spouse first, then children, then other relatives).

When Is Probate Required?

Not every estate requires probate. The main situations where it is needed are:

• The estate includes property owned solely or as a tenant in common
• The estate includes significant assets held in the sole name of the deceased
• Banks or financial institutions request it before releasing funds
• The estate is above the financial institution's internal threshold (typically £20,000–£50,000, though this varies)

Assets that pass outside the estate — such as jointly owned property (passing by survivorship), pensions, or life insurance written in trust — generally do not require probate.

How Long Does Probate Take?

A straightforward probate application typically takes four to eight weeks from submission to grant. Full estate administration — from death to final distribution — commonly takes six to twelve months, or longer for complex estates. Delays most often occur when the estate includes property that must be sold, when creditors need to be identified, or when the will is disputed.

How Much Does Probate Cost?

The Probate Registry fee for estates over £5,000 is currently £273 for a personal application. Solicitor-managed probate typically costs 1–5% of the estate value, which on an average UK estate can run to several thousand pounds. The Citizens Advice guide to estate administration covers the process in detail.

How a Valid Will Makes Probate Easier

A clear, legally valid will with a named executor simplifies probate significantly. The executor can act immediately, the court has a clear document to validate, and there is no dispute over who administers the estate. Without a will, the application is more complex, the process takes longer, and the rules of intestacy apply — often producing outcomes the deceased would not have chosen.