Probate explained
What is probate and do you need it?
Probate is the legal process of sorting out someone's money, property and belongings after they die. It starts with applying for a document called a grant, which gives you the legal right to act.
Banks and the Land Registry usually need to see it before releasing money or letting a property be sold.
The two types of grant
- Grant of probate – when there is a will, for the executors it names.
- Letters of administration – when there is no will, for the person applying (the administrator).
When you might not need probate
- Everything was jointly owned and passes to the surviving owner.
- The estate is small. Each bank sets its own limit, so ask each one.
- Money is paid outside the estate, as with many pensions and life policies.
Who can apply for probate?
It depends on whether there is a will. Either way, the person in charge takes on real legal responsibility.
If there is a will
The executors named in the will apply. Up to four can be named on the grant.
If there is no will
The law sets who applies, starting with a husband, wife or civil partner, then children, then parents. Unmarried partners have no automatic right.
What the role involves
- Finding the will and keeping the property safe.
- Valuing everything the person owned and owed.
- Dealing with HMRC on inheritance tax and income tax.
- Paying all debts before passing anything on, or you can be personally liable.
Valuing the estate and inheritance tax
Before you apply, you need to value the estate and report it to HMRC, even if no inheritance tax is due.
Valuing what they owned
List everything the person owned and owed on the date they died, and get written valuations, using an estate agent or surveyor for property.
Will inheritance tax be due?
Most estates pay none. Tax is usually only due above £325,000, or up to £500,000 when a home goes to children or grandchildren. Our inheritance tax guide explains the rules, and our calculator gives a quick estimate.
The probate process step by step
A straightforward estate often takes nine to twelve months.
- Register the death and order several certified copies of the death certificate.
- Find the will and secure the property. Tell the insurer if a home is empty.
- Value the estate and tell banks and pension providers. Tell Us Once updates government departments in one go.
- Report to HMRC and pay any inheritance tax that is due.
- Apply for probate, usually online through GOV.UK.
- Collect the money and sell or transfer property once the grant arrives.
- Pay debts and expenses, placing a notice in The Gazette so unknown creditors can come forward.
- Keep a record of money in and out, and pass on what is left.
Common probate mistakes and when to get help
Dealing with an estate while grieving is hard. Knowing the pitfalls saves time and money.
Mistakes to avoid
- Passing on money too early, before debts and tax are settled.
- Missing the inheritance tax deadline, which adds interest.
- Guessing values instead of getting written valuations.
- Forgetting income tax for the year of death.
When to get professional help
- Inheritance tax is due, or there is a business or property abroad.
- There is no will, or the will may be challenged.
- There may not be enough money to pay the debts.
- Family members disagree, or you do not have the time.
How PJH Estate Planning can help
PJH Estate Planning can support executors through probate, from valuing the estate and reporting to HMRC to applying for the grant and sharing out what is left. We can do as much or as little as you need, and can also help you plan your own will. Find out what you could face in your current situation with our free Estate Health Check: 10 quick questions that show any gaps in your plans. You can visit our offices, or we can visit you at home.
Sources
- GOV.UK: Applying for probate
- GOV.UK: Probate fees
- GOV.UK: Pay your Inheritance Tax bill
- GOV.UK: Tell Us Once
General information for England and Wales as at September 2026. Not legal or tax advice.