Grant of Probate: The Probate Process Explained

Not all estates require a formal Grant of Probate. Probate is generally not needed for:

• Very small estates (many banks will release accounts worth less than £5,000–£50,000 without probate — check each institution's policy)
• Assets owned jointly as beneficial joint tenants — these pass automatically to the surviving owner by right of survivorship, outside the estate
• Assets paid directly to a named beneficiary — life insurance policies written in trust, pension death benefits directed by nomination form
• Assets held in an ISA, where the ISA provider accepts the death certificate without probate up to certain thresholds

Probate is generally required for:

• Residential property owned solely or as tenants in common (where each owner has a distinct share that does not pass by survivorship)
• Significant bank accounts or investment portfolios (financial institutions have their own thresholds — typically £5,000 to £50,000)
• Shares held in a paper stock certificate (as opposed to through a nominee account)
• Certain government bonds and premium bonds above NSANDI's threshold
• Any asset where the holder requires proof of authority to transfer

Before you can apply for probate, you must deal with inheritance tax (IHT):

• If the estate is below the IHT threshold and otherwise qualifies as an "excepted estate," you can complete a simplified IHT process and confirm this in your probate application. Most straightforward estates below £325,000 (or £650,000 with a transferred nil-rate band from a late spouse) qualify as excepted estates.
• If the estate is above the IHT threshold or does not qualify as an excepted estate, you must submit form IHT400 and supporting schedules to HMRC. Any IHT due must be paid (at least in part) before the Probate Registry will issue the grant. IHT must normally be paid within 6 months of the end of the month of death to avoid interest charges.

How to apply for probate:

1. Complete form PA1P (if there is a will) or PA1A (if there is no will) — available on GOV.UK.
2. Submit the original will (if there is one), the application form, the death certificate, the IHT return (if required), and the fee.
3. Applications can be made online at gov.uk/applying-for-probate (for straightforward estates) or by post to one of the Probate Registry offices.
4. If the Probate Registry requires further information, they will contact you. If satisfied, they will issue the Grant of Probate (or Letters of Administration).

The application fee is £300 for estates over £5,000 (no fee for estates of £5,000 or less). Additional official copies of the grant cost £1.50 each — you will need multiple copies to send to banks, HMRC, and other institutions.

Once the Grant of Probate has been issued, the executor's work begins in earnest. The main duties are:

1. Notify creditors: Place a statutory advertisement for creditors in the London Gazette and a local newspaper. This protects executors from personal liability for unknown debts. Allow at least two months before distributing the estate.
2. Gather the estate: Collect all assets — cash balances, investments, property proceeds, insurance payouts. Send certified copies of the Grant to financial institutions to release funds.
3. Pay all debts and liabilities: Pay funeral expenses, outstanding bills, mortgages, credit cards, and tax liabilities (including any final income tax return). Debts are paid in a strict priority order set by statute.
4. Prepare estate accounts: Produce a full set of estate accounts showing all assets, income, debts, expenses, and distributions.
5. Pay legacies and distribute the residue: Pay any specific gifts and cash legacies first. Distribute the residue to beneficiaries in the proportions set out in the will (or by intestacy rules).
6. Deal with any trusts: If the will creates trusts (for example, for minor children), transfer assets to the trustees and prepare ongoing trust accounts.

Executors who distribute the estate without paying all debts can be personally liable for those debts out of their own pocket. Always wait for the two-month creditor notification period to expire before distributing.

A straightforward probate — a simple estate, a clear will, no IHT complications, and cooperative beneficiaries — can be completed in 3 to 6 months. However, many estates take longer due to:

• IHT liabilities: Preparing the IHT400, liaising with HMRC, and agreeing the value of assets (particularly property and private business interests) can add months to the process.
• Property sales: Selling a property as part of the estate depends on the property market and conveyancing timelines — typically 3 to 6 months from instruction.
• International assets: Assets in overseas jurisdictions may require separate grants of representation ("resealing" or local probate) and local legal advice.
• Disputes: If the will is contested or beneficiaries dispute the administration, probate can be "caveated" — preventing a grant being issued until the dispute is resolved. Contested probate proceedings in the High Court can take years.
• Untraced beneficiaries: If a beneficiary cannot be located, the executor should take steps to trace them. Distributing without tracing missing beneficiaries creates personal liability risk.

If you are an executor dealing with a complex estate, consider instructing a solicitor to help — fees are typically charged as a percentage of the estate value (0.75–2%) or at an hourly rate.