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What is Probate? A Step-by-Step Guide for Executors

· 44 min

Note: The following scenario is fictional and used for illustration.

James, a 42-year-old sales manager from Manchester, stood in his late father's kitchen, surrounded by unopened mail and documents. His father had died suddenly at 68, leaving a £340,000 estate—a mortgaged house worth £280,000, savings accounts, a company pension, and a vintage car collection. James was named executor in the will, but he had no idea where to start.

The term "probate" kept appearing in letters from banks and the solicitor. What did it mean? Did he need it? Could he do it himself, or would mistakes cost him thousands in personal liability?

James isn't alone. In 2024, UK courts processed over 27,400 probate applications monthly—a 20% increase from the previous year. Yet navigating probate without any legal background can feel overwhelming during an already difficult time of grief and loss.

This comprehensive guide walks you through every step of the UK probate process in 2025, from understanding when probate is needed to distributing the final assets—with practical timelines, cost breakdowns, and common pitfalls to avoid.

Table of Contents

Probate is the legal right to deal with someone's property, money and possessions (their 'estate') when they die. It's the official process that gives you authority to access bank accounts, sell property, and distribute assets according to the deceased's wishes.

The legal basis for probate in England and Wales comes from the Non-Contentious Probate Rules 1987 (updated in 2025), which govern how estates are administered when there's no dispute about the will's validity.

When someone dies leaving a valid will, the court issues a grant of probate to the executors named in the will. This legal document proves the executors have authority to administer the estate. If there's no will, the court issues letters of administration instead—these go to the closest living relative, who becomes the estate administrator with the same legal powers as an executor.

Why does probate exist? It protects everyone involved. Banks won't release funds without proof you have legal authority. The probate process ensures debts are paid before beneficiaries receive anything, creditors have opportunity to make claims, and inheritance tax is correctly assessed and paid.

Around 50% of deaths in the UK require probate, while the other half involve estates small enough or structured in ways that avoid the need. As of 2025, approximately 78% of probate applications are now processed online, making the process faster than ever before.

Sarah's experience illustrates the straightforward scenario. When her mother died with a valid will naming Sarah and her brother as executors, they applied for a grant of probate together. The court verified the will, confirmed their identities, and issued the grant within six weeks.

Michael faced a different situation. His wife died without a will. As the surviving spouse, Michael had first priority to apply for letters of administration under intestacy rules. Though the application process was similar, the estate would be distributed according to statutory rules rather than expressed wishes.

It's important to note that probate rules apply to England and Wales. Scotland and Northern Ireland have different legal systems with their own probate equivalents (confirmation in Scotland, and grants of probate or letters of administration in Northern Ireland).

When Do You Actually Need Probate? (And When You Don't)

One of the most confusing aspects of probate is determining whether it's actually required. The answer depends on what the deceased owned and how those assets were held.

Probate IS required when:

You'll definitely need probate if the estate includes solely-owned property (land or buildings). It doesn't matter if the property is worth £100,000 or £1 million—if it was owned in the deceased's name alone, you need probate to transfer or sell it.

Most financial institutions also require probate before releasing assets above certain thresholds. These thresholds vary by institution—some banks release funds up to £5,000 without probate, others set the limit at £10,000, £25,000, or even £50,000. You must contact each bank, building society, and investment company individually to confirm their specific threshold.

Certain investments always require probate, particularly stocks and shares held in the deceased's sole name. Share registrars typically won't transfer ownership without seeing a grant of probate, regardless of value.

Probate may NOT be needed when:

If all assets were jointly owned as joint tenants, they typically pass automatically to the surviving owner through right of survivorship. This is common with married couples who own their home together. The property transfers to the survivor without probate.

Very small estates—those worth less than £5,000 in total—rarely require probate. Most institutions will release small amounts on production of a death certificate alone.

Nominated assets skip probate entirely. If the deceased completed nomination forms for pensions or life insurance policies naming specific beneficiaries, those benefits usually pay directly to the named individuals without forming part of the estate.

The £5,000-£50,000 threshold confusion:

Emma, 55, discovered her husband died with £8,000 in savings and a jointly-owned house. The building society released the funds with just a death certificate. Because the house was jointly owned and passed by survivorship, and the savings were under the bank's £10,000 threshold, Emma needed no probate.

David, 62, faced a different situation when his partner died with £18,000 in savings and a £220,000 house in her sole name. Despite the modest savings, probate was required because of the solely-owned property.

Claire, 48, needed to check carefully. Her mother died with £45,000 in savings but no property. Two banks held accounts—one would release funds up to £50,000 without probate, the other required probate above £25,000. Claire needed probate to access one account but not the other.

This decision matrix helps clarify when probate is needed:

Estate Characteristics Probate Required? Why?
Solely-owned property of any value YES Property can't transfer without grant
£30,000 savings, no property, joint accounts PROBABLY NOT Under most thresholds, no property
£8,000 savings, shares worth £15,000 MAYBE Depends on share registry requirements
All assets jointly owned, any value NO Passes by survivorship

Understanding when probate isn't required can save you time and the £300 application fee, but checking with each institution is essential.

Who Can Apply for Probate? Executor Priority Rules

Who has the legal right to apply for probate depends on whether the deceased left a valid will.

If there's a will:

The executors named in the will have first right to apply for probate. Up to four executors can act together, though there's no requirement for all named executors to apply—one executor acting alone is legally sufficient.

If an executor named in the will can't or won't act, they must formally renounce their role using a Deed of Renunciation. This is crucial—you can only renounce before taking any actions as executor. Once you've started "intermeddling" (acting as executor by managing estate assets), you can't later renounce.

When multiple executors are named and one renounces, the remaining executors can proceed without them. If all executors renounce or predecease the testator, the court may appoint an administrator to handle the estate.

Consider this scenario: A father's will names three executors—his son, daughter, and brother. The brother lives abroad and formally renounces using the proper legal document before any estate administration begins. The son and daughter proceed as the two acting executors.

If there's no will (intestacy):

When someone dies without a will, the Non-Contentious Probate Rules 1987 establish a strict priority order for who can apply for letters of administration:

  1. Surviving spouse or civil partner
  2. Children (including adult children)
  3. Parents
  4. Siblings (brothers and sisters of the whole blood)
  5. Half-siblings
  6. Grandparents
  7. Uncles and aunts
  8. Further relatives in defined order

The person with highest priority must apply first. If they don't want to act, they must formally renounce before someone lower in the priority order can apply.

For example, when a mother dies without a will, her adult daughter has priority to apply for letters of administration as the closest living relative. If the daughter doesn't want the responsibility, she must renounce in writing before the deceased's parents (the grandparents) can apply.

Age and capacity requirements:

You must be 18 or older to apply for probate or letters of administration. You also need mental capacity to manage the estate—if you lack capacity due to illness or disability, you cannot act as executor, and another person with priority must apply.

What if the executor is too elderly or unwell?

When an appointed executor becomes too frail or unwell to manage estate administration, they should formally renounce before any estate work begins. An alternate executor named in the will (if any) can then step in, or if no alternate exists, the remaining executors proceed alone.

The key principle: choosing executors for your will means selecting people who are willing, able, and likely to be capable of handling the responsibility when the time comes.

The Complete Probate Timeline: What to Expect in 2025

Understanding realistic timelines helps manage expectations—both your own as executor and those of anxious beneficiaries asking when they'll receive their inheritance.

For straightforward estates, the entire process typically takes 6-12 months from death to final distribution. Complex estates involving business interests, overseas property, or disputes can easily extend to 2+ years.

Here's the detailed stage-by-stage breakdown:

Week 1-2: Immediate aftermath

Within 5 days in England and Wales (8 days in Scotland), you must register the death at the local register office. Take the medical certificate of cause of death provided by the doctor. Order multiple death certificate copies—you'll need 5-10 for various institutions. At around £12.50 each, it's more cost-effective to order them all at once rather than requesting additional copies later.

Secure the deceased's property immediately. Change locks if keys are unaccounted for, notify home insurance of the property's unoccupied status (failure to do this can void cover), redirect mail, and remove high-value items to a safe location if the property will remain vacant.

Use the Tell Us Once service (available in most areas) to notify multiple government departments with a single notification—it's a huge time-saver.

Week 2-8: Estate valuation

Contact every bank, building society, insurance company, and pension provider to request date-of-death balances and policy details. Obtain a professional RICS property valuation if the estate includes real estate. Value investments, vehicles, and significant possessions.

Identify all debts—outstanding mortgage balance, credit cards, loans, and utility bills up to the date of death. This process typically takes 4-8 weeks for straightforward estates, longer if foreign assets or complex business interests are involved.

Week 6-12: Tax assessment and payment

Complete the appropriate inheritance tax forms. For estates under the inheritance tax threshold with no complications, you'll file form IHT205. For estates above the threshold or those requiring detailed reporting, you'll need form IHT400.

If inheritance tax is due, submit forms to HMRC and wait for processing (typically 4-6 weeks). Remember: inheritance tax must be paid within 6 months of death, or HMRC charges interest on late payments.

Week 8-16: Probate application

Complete the probate application—form PA1P if there's a will, or PA1A if applying for letters of administration. Submit online (recommended) or by post with all supporting documents.

Pay the £300 probate application fee for estates over £5,000 (no fee for estates £5,000 or under).

This is where 2025 improvements really shine. Average waiting time for grants of probate in April 2025 was 6.3 weeks, a substantial improvement from 15.8 weeks in November 2023.

Digital applications represent over 78% of total submissions and average just 4-8 weeks processing time. Paper applications still take longer—typically 10-16 weeks—so applying for probate online significantly speeds up the process.

Week 16-26: Estate administration

Once you receive the grant of probate, use it to collect all estate assets. Close bank accounts and transfer funds to a dedicated executor estate account. Instruct estate agents if property needs selling (property sales average 3-6 months). Sell investments if necessary.

Pay all outstanding debts, funeral costs, and administration expenses. Prepare detailed estate accounts showing all transactions.

This stage typically takes 3-6 months minimum, longer if property sales are involved.

Week 24-52: Final distribution

Before distributing assets, place statutory notices in the London Gazette and a local newspaper where the deceased lived. These notices invite unknown creditors to come forward. You must wait 2 months after placing notices before distribution.

It's also prudent to wait at least 10 months after the grant is issued before distributing the estate. This allows time for any claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Prepare final estate accounts for beneficiaries, distribute assets according to the will or intestacy rules, and obtain signed receipts from all beneficiaries.

Here's how timelines compare for simple versus complex estates:

Stage Simple Estate Complex Estate
Estate valuation 4-6 weeks 8-12+ weeks
HMRC processing Not required 4-6 weeks
Probate grant 4-8 weeks 10-20 weeks
Asset collection 2-4 months 6-12+ months
Total duration 6-9 months 12-24+ months

Factors causing delays:

Property sales add 3-6 months. Overseas assets add 3-12 months. Will disputes or claims can add 6-24+ months. Missing beneficiaries add 2-6 months while tracing services locate them. Incomplete documentation adds 2-8 weeks while you gather missing information.

Understanding these probate timeline expectations helps you communicate realistic timeframes to impatient beneficiaries and plan your own workload accordingly.

How Much Does Probate Cost? Complete Fee Breakdown

Transparency about costs helps you decide whether to handle probate yourself or engage a solicitor, and budget accurately for all expenses.

1. Government Probate Fees (2025):

The application fee is £300 for estates over £5,000. There's no fee if the estate is £5,000 or less.

Extra sealed copies of the grant cost £16 each. Order several—most banks and institutions require original sealed copies, not photocopies. Ordering 4-6 copies at the outset (total £64-£96) prevents delays later when institutions won't accept photocopies.

One exception to the £300 fee: estates where death occurred under emergency service or active duty provisions pay no probate fee, regardless of value.

If you're on low income or receiving certain benefits, you may qualify for Help with Fees. Contact probatehelpwithfees@justice.gov.uk to check eligibility.

2. Inheritance Tax Costs:

Inheritance tax isn't technically a "probate fee," but you must pay it before the grant is issued if the estate exceeds the nil-rate band.

Current thresholds for 2025-2026:

  • Nil-rate band: £325,000 (frozen until 2030-31)
  • Residence nil-rate band: £175,000 (if leaving main home to direct descendants)
  • Combined maximum per person: £500,000
  • Combined maximum for married couples using transferable allowances: £1 million
  • Tax rate: 40% on amount above the threshold

If your parent died and left you their £600,000 home, you'd calculate: £600,000 minus £325,000 nil-rate band minus £175,000 residence nil-rate band = £100,000 taxable. Tax due: £40,000.

Remember: inheritance tax must be paid within 6 months of death or HMRC charges interest.

3. Professional Valuation Costs:

RICS property valuations cost £200-500. HMRC may query DIY valuations, so professional valuations protect you. Business valuations run £500-2,000+. Specialist valuations for art, antiques, or collections range from £100-1,000+ per item or collection.

4. DIY Probate vs Solicitor Costs:

DIY Probate (applying yourself):

  • Government fee: £300
  • Professional valuations: £200-800
  • Postage, copies, sundries: £50-100
  • Total: £550-1,200
  • Time investment: 20-40 hours over 6-12 months
  • Best for: Straightforward estates under £500,000, no property disputes, clear will

Solicitor-Managed Probate:

  • Fixed fee for simple estates: £1,500-3,000 + VAT
  • Percentage-based pricing: 2-5% of estate value + VAT
  • Complex estates (disputes, foreign assets, business interests): £5,000-15,000+
  • Typical £300,000 estate: £3,500-5,000 + VAT total
  • Best for: Complex estates, disputes, overseas assets, executor lives abroad, lacks time or confidence

Here's the cost comparison:

Estate Value DIY Cost Solicitor Cost (typical) Savings
£100,000 £550-800 £1,800-2,500 + VAT £1,200-2,000
£300,000 £600-1,200 £3,500-5,000 + VAT £3,000-4,500
£500,000 £700-1,500 £5,000-10,000 + VAT £5,000-9,000

While specific statistics on DIY probate rates vary, digital applications now represent over 78% of submissions, suggesting many people are comfortable handling applications themselves.

5. Hidden/Unexpected Costs:

Budget for these additional expenses:

  • Deed of Renunciation if an executor is renouncing: £50-150
  • National Will Register search if will location unknown: £95
  • Statutory notices (Gazette + local newspaper): £200-400
  • Professional estate accounts: £300-800
  • Inheritance tax accountant for complex estates: £1,000-3,000+

Understanding the complete probate cost breakdown helps you budget accurately and make informed decisions about DIY versus professional assistance.

Step 1 – Registering the Death and Securing the Estate

The first practical steps must happen quickly—some have legal deadlines.

Register the death:

You must register the death within 5 days in England and Wales (8 days in Scotland). Attend the local register office with the medical certificate of cause of death. The registrar will issue the death certificate.

Order 5-10 death certificate copies immediately. Each costs around £12.50. Banks, insurance companies, pension providers, and the probate registry all require original death certificates—they won't accept photocopies. Ordering 8-10 copies at registration saves time and money compared to requesting additional copies later at higher cost.

Secure the property:

If the deceased lived alone, secure their property immediately. Change locks if keys are unaccounted for or were given to neighbors or carers—you need to control access to protect valuable items.

Critically important: notify the home insurance company that the property is now unoccupied. Most home insurance policies require notification within 24-48 hours when a property becomes vacant. Failure to notify can void your cover, leaving the estate uninsured against theft, fire, or damage.

Set up mail redirection through Royal Mail so you don't miss important financial or legal notices. Cancel subscriptions, standing orders for services, and utilities you don't need to continue (though keep heating on low in winter to prevent frozen pipes).

Remove high-value items—jewelry, art, cash, important documents—to a secure location if the property will remain vacant for weeks or months.

Immediate notifications:

Contact the deceased's employer if they were working at the time of death. There may be death-in-service benefits or unpaid salary.

Notify all pension providers immediately—they may have death benefits that must be claimed within specific time limits.

Contact banks and building societies to freeze accounts and prevent fraud. Explain you're the executor and will be applying for probate.

Use the Tell Us Once service where available. This single notification goes to multiple government departments: HMRC, Department for Work and Pensions, DVLA, local council, and others. It saves enormous time compared to contacting 12+ organizations individually.

Return the deceased's driving licence to the DVLA.

Practical scenario:

When Robert's mother died suddenly, he secured her bungalow by changing locks (she'd given keys to three neighbors), redirected mail to his address, and used Tell Us Once to notify 12 government departments in one go. He ordered 8 death certificates at the register office—he ended up needing 6 for various institutions, so the extra copies avoided delay and additional cost.

Common mistakes to avoid:

Don't forget to notify home insurance of unoccupied status—this is one of the most common mistakes that can void cover worth thousands.

Don't fail to redirect mail—you'll miss critical notices about bank accounts, investments, or debts.

Don't distribute or sell possessions before probate is granted—this creates personal liability risk for executors who "intermeddle" before obtaining legal authority.

Step 2 – Locating the Will and Identifying Executors

Finding the will is crucial—it determines who can apply for probate and how the estate should be distributed.

Where to look for the will:

Start with the deceased's home. Check filing cabinets, safes, desk drawers, and anywhere important documents were kept. Look for a will folder or envelope, often stored with insurance policies and property deeds.

Contact any solicitor who did legal work for the deceased. Many solicitors offer safe custody for wills they've drafted.

Check with the deceased's bank or building society—some offer will storage services.

Search the National Will Register at a cost of £95. This database includes wills registered by solicitors and will-writing companies.

Check the probate registry if a previous spouse or partner died—the will may have been deposited there.

Confirming will validity:

Once you've located what appears to be a will, confirm it's legally valid under the Wills Act 1837, Section 9:

The will must be in writing, signed by the testator (the person who made it), and witnessed by two independent witnesses who were present when the testator signed. Both witnesses must have signed in the testator's presence.

The testator must have had mental capacity when making the will and must have made it voluntarily without undue influence or pressure.

Check for codicils—formal amendments to the will made after the original signing. These must also meet the same legal requirements.

Look for any signs that the will was revoked—crossing out, writing "REVOKED" across it, or a statement that the will is cancelled. Physical destruction can also revoke a will.

What if the will can't be found?

Search thoroughly with solicitors, banks, and the National Will Register. If no will is located after exhaustive searching, the estate is treated as intestate (no will), and intestacy rules determine distribution.

If multiple wills are discovered:

The latest validly-executed will takes precedence. Earlier wills are usually revoked by a clause in the later will stating "I revoke all former wills and testamentary dispositions."

Scenario:

Julia found her father's will in his desk, dated 2018. While clearing his solicitor's files, she discovered an earlier 2015 will. The 2018 will contained a clause revoking all previous wills and was properly executed. She confirmed with the two witnesses (her father's neighbors) that they'd watched him sign and had signed in his presence—the 2018 will was valid and superseded the earlier version.

Executor identification:

Check the will for executor appointments. Up to four people can act as executors, though fewer is fine.

Contact all named executors to confirm they're willing and able to act. If an executor has died since the will was made, check whether the will names alternate executors.

Executors living abroad can still act but may need a UK address for service of legal documents.

If all executors are unwilling or unable to act, the court may appoint an administrator to handle the estate, or beneficiaries may apply with the will annexed.

Step 3 – Valuing the Estate for Probate

Accurate estate valuation is critical—it determines whether inheritance tax is due and forms the basis of your probate application.

You must value all assets at their market value on the date of death, not their current value or what they cost originally.

Assets to value:

1. Property:

Obtain a professional RICS valuation for all property the deceased owned. This typically costs £200-500 but is essential—HMRC may query and challenge DIY valuations.

Consider recent comparable sales in the area. If the property had an outstanding mortgage, you'll deduct that from the gross value later.

2. Bank accounts and savings:

Request date-of-death balances from every bank, building society, and financial institution. Include current accounts, savings accounts, and ISAs. Include any interest that had accrued up to the date of death.

3. Investments:

Value shares and stocks at their date-of-death price. Contact the share registrar or check the London Stock Exchange for listed shares.

Include investment bonds, unit trusts, and any cryptocurrency holdings. For cryptocurrency, obtain valuations from the exchanges where assets are held.

Don't forget Premium Bonds—contact NS&I for the total holding and to claim any prizes drawn since death.

4. Pensions:

Some pensions die with the person (purchased annuities), while others have lump sum death benefits.

Contact every pension provider for details. Many pensions pay death benefits directly to nominated beneficiaries and don't form part of the estate, but you still need to report them.

5. Insurance policies:

Life insurance policies pay out on death. If the policy was written in trust, it pays directly to beneficiaries outside the estate. If not in trust, it forms part of the estate.

Contact all insurers for surrender values or death benefit amounts.

6. Personal possessions:

Value vehicles using trade guides like CAP or Glass's Guide—not the optimistic price you hope to achieve, but realistic resale value.

Jewelry, art, and antiques worth over £1,500 should have professional valuations. For household contents, use realistic second-hand resale values, not replacement or insurance values.

Collections (stamps, coins, wine) need specialist valuations if significant value is involved.

7. Business interests:

If the deceased was a sole trader, value all business assets. For partnership shares, get the partnership accountant to value the deceased's share. Private company shares require professional accountant valuation.

8. Debts owed TO the deceased:

Include money others owed to the deceased—personal loans made to family, unpaid salary or holiday pay from employers.

Liabilities to deduct:

Subtract the outstanding mortgage balance (get a redemption statement from the lender), all credit cards and store cards, personal loans, car finance, utility bills to the date of death, and reasonable funeral costs.

Net estate calculation:

Net Estate = Total Assets minus Total Liabilities

Inheritance tax assessment:

Apply the £325,000 nil-rate band. If the deceased left their main home to direct descendants (children or grandchildren), add the £175,000 residence nil-rate band.

If the deceased's spouse died previously without using their full allowance, you may be able to claim transferable nil-rate band—potentially up to £650,000 combined, or £1 million for couples with the residence allowance.

Calculate tax at 40% on any amount above the total threshold.

Forms required:

Use form IHT205 for estates under the inheritance tax threshold where no tax is due and the estate is straightforward.

Use form IHT400 for estates above the threshold OR if HMRC requires a full account (complex assets, lifetime gifts, certain trusts).

Common valuation mistakes:

Using insurance valuations for possessions overvalues items—insurance covers replacement cost, but you need realistic resale value.

Missing digital assets like cryptocurrency, online accounts, domain names, or digital businesses.

Overlooking foreign assets—bank accounts, property, or investments overseas must be declared.

Not getting professional property valuations—HMRC frequently queries DIY valuations and may impose penalties if values are too low.

Scenario:

Thomas valued his aunt's estate: £280,000 house (RICS valuation) minus £95,000 mortgage = £185,000 equity, plus £62,000 savings, plus £18,000 for car and possessions, minus £8,000 debts = £257,000 net estate. Under the £325,000 nil-rate band, no inheritance tax was due, so he completed form IHT205.

This checklist helps ensure you've valued everything:

Asset Type Where to Find Value Deductible?
Main residence RICS surveyor Deduct mortgage
Bank accounts Date-of-death statement No
Vehicle CAP/Glass's guide No
Funeral costs Invoices Yes (deduct)
Outstanding mortgage Lender redemption statement Yes (deduct)

Understanding the estate valuation process ensures accuracy and protects you from HMRC challenges.

Step 4 – Applying for Probate (Online and Paper Methods)

Once you've valued the estate and handled any inheritance tax requirements, you're ready to apply for probate.

Before applying:

Complete the full estate valuation. If inheritance tax is due, submit forms IHT400 to HMRC, wait for HMRC to process them and issue a reference number or clearance (typically 4-6 weeks), and pay the inheritance tax (or arrange a payment plan).

Gather all required documents before starting your application.

Documents needed:

  • Original will and any codicils
  • Death certificate (original or certified copy)
  • Completed probate application form: PA1P for grant of probate with a will, or PA1A for letters of administration without a will
  • Inheritance tax forms (IHT205 or IHT400)
  • HMRC reference or clearance if tax was due
  • Executor oath or statement of truth

Online application (recommended):

Access the online service at gov.uk/applying-for-probate.

Create an account and complete the form online. Upload a scanned copy of the death certificate. Submit the application online, but you must post the original will separately to the address provided.

Pay the £300 fee online (or apply for Help with Fees if eligible). Some applicants need to book an identity verification appointment.

Digital applications average just 4-8 weeks processing time, and for applicants who submit documents without issues, probate is granted in less than a week on average.

Paper application:

Download and complete form PA1P or PA1A from GOV.UK. Submit it with the original will, death certificate, and IHT forms by post to HMCTS Probate Service.

Pay the £300 fee by cheque made payable to HM Courts and Tribunals Service.

Paper applications take longer—typically 10-16 weeks—so online applications offer significant time savings.

After submission:

If you applied online, track your application's progress through your account. HMCTS may request additional information or documents—respond quickly to avoid delays.

When the grant of probate (or letters of administration) is issued, you'll receive it by post—typically 1-2 sealed copies.

Order extra copies at this stage if needed (£16 each). Most executors need 4-6 sealed copies because banks and institutions require originals, not photocopies.

Common application mistakes (these cause delays):

Using the wrong form—PA1P is for probate with a will, PA1A is for letters of administration without a will.

Not accounting for all named executors—you must explain what each executor is doing (applying, renouncing, or being cited).

Submitting a will with missing witness signatures or an unsigned will.

Incorrect estate valuation—if HMCTS spots obvious errors, they'll reject the application.

Using the wrong inheritance tax form for your estate type.

Missing HMRC reference when form IHT400 was required.

Scenario:

Sarah applied for probate online after her mother died. She scanned the death certificate, completed the online form in about 45 minutes, paid £300, and posted the original will to the probate registry. HMCTS requested her mother's marriage certificate (name change evidence). Once Sarah provided it, the grant was issued in 6 weeks. She ordered 5 sealed copies at £16 each to distribute to various financial institutions.

The 2025 improvements mean 80% of applications are now processed digitally, with substantially faster processing times than the 15+ week waits common in 2023.

Step 5 – Collecting Assets and Paying Debts

The grant of probate gives you legal authority to access and administer estate assets. Now the practical work of collecting assets and settling liabilities begins.

Using the grant of probate:

Send a certified sealed copy of the grant to each institution holding estate assets. Most require an original sealed copy, not a photocopy—this is why you ordered 4-6 copies.

Collecting assets:

1. Bank accounts:

Send a sealed copy of the grant plus a written request to close each account. Banks will transfer funds to your executor estate account. Close all accounts in the deceased's sole name.

2. Property:

Register the death with the Land Registry. You can then either transfer the property directly to beneficiaries named in the will, or sell the property through estate agents.

If selling, instruct estate agents and a solicitor for conveyancing. Property sales typically take 3-6 months from listing to completion.

3. Investments:

Contact share registrars and investment platforms. You can either transfer shares to beneficiaries who inherit them, or sell the investments and transfer the proceeds.

Some share registrars require specialist probate share dealing services—your bank or solicitor can arrange this.

4. Pensions:

Claim death benefits by completing the pension provider's claim forms. Provide a sealed copy of the grant.

Many pensions with nomination forms pay directly to nominated beneficiaries outside the estate. These still need to be claimed but don't flow through the executor estate account.

5. Insurance policies:

Submit death claims with policy details and a sealed copy of the grant. Policies written in trust pay directly to beneficiaries. Those not in trust pay into the estate.

6. Personal possessions:

Sell items through auction houses, house clearance companies, or online platforms. Distribute specific bequests mentioned in the will directly to named beneficiaries. Donate unwanted items to charity.

Paying estate debts and liabilities:

Debts must be paid in this statutory priority order:

  1. Funeral costs (reasonable expenses)
  2. Inheritance tax
  3. Secured debts (mortgage, secured loans)
  4. Unsecured debts (credit cards, utilities, personal loans)
  5. Legacies to beneficiaries

Never distribute assets to beneficiaries before paying debts—executors who do this become personally liable to creditors.

Placing statutory notices (executor protection):

Under the Trustee Act 1925, Section 27, executors can protect themselves from unknown creditors by placing statutory notices.

Advertise in the London Gazette (the official public record). Advertise in a local newspaper circulating in the area where the deceased lived.

These notices invite unknown creditors to come forward within a specified time period (usually 2 months).

If you place these notices and wait the required time, you're protected from personal liability if unknown creditors appear later. They can claim from beneficiaries who received assets, but not from you personally.

The cost (£200-400 for both notices) is worthwhile protection against potentially unlimited personal liability.

Executor estate account:

Open a dedicated bank account in your name "as executor of [deceased's name]'s estate." All estate funds should flow through this account.

This creates a clear audit trail for beneficiaries and protects you by keeping estate finances completely separate from your personal finances.

Common issues:

Some institutions can be difficult and refuse to accept sealed copies of the grant. If this happens, reference the Non-Contentious Probate Rules which require institutions to comply with valid grants.

Property sales can face delays due to market conditions or chain issues—these are outside your control as executor.

If unknown creditors emerge after distribution, statutory notices protect you if you followed the procedure correctly.

Beneficiaries often become impatient, especially if months pass. Explain that you cannot distribute until all debts are paid and the protective waiting period (10 months from grant) has elapsed.

Scenario:

Mark used his grant of probate to close his father's three bank accounts (total £78,000), sell his father's car for £12,000, and instruct estate agents to sell the house. The property sale completed 4 months later for £295,000.

He paid £8,500 funeral costs, £2,400 in outstanding debts, and transferred the remaining £374,100 to a dedicated executor estate account. He placed notices in the London Gazette and the local newspaper, then waited 2 months before proceeding to distribution.

Legal protection:

The Trustee Act 1925, Section 27, is your key protection as executor. If you place proper statutory notices and wait the required time before distribution, unknown creditors who appear later can only claim from beneficiaries who received distributions—you're not personally liable.

Step 6 – Distributing the Estate to Beneficiaries

Distribution is the final major step—getting assets to the people entitled to inherit.

Before distribution:

Wait at least 10 months after the grant of probate was issued. This allows time for potential claims under the Inheritance (Provision for Family and Dependants) Act 1975—family members who feel inadequately provided for have 6 months from the grant to bring claims, but it's prudent to wait longer.

Wait 2 months after placing statutory notices in the Gazette and local newspaper.

Ensure all debts are fully paid.

Convert assets to cash unless the will leaves specific items (jewelry, cars, property) to named individuals.

Prepare complete estate accounts.

Preparing estate accounts:

Document all assets and their values at death. Record all income received during administration (bank interest, dividends, rent if property was rented before sale).

List all payments made—debts paid, taxes, funeral costs, administration expenses.

Calculate the final net distributable estate.

Provide a copy of the estate accounts to all residuary beneficiaries before distribution. Beneficiaries are entitled to see accounts and question any entries they don't understand.

Distribution according to will:

Distribute in this order:

1. Specific bequests (distributed first): "My gold watch to my son David" "My vintage car to my brother"

Transfer these specific items to the named beneficiaries.

2. Pecuniary legacies (fixed cash sums): "£10,000 to each of my grandchildren" "£5,000 to Cancer Research UK"

Pay these fixed amounts from estate funds.

3. Residuary estate (everything left over): "The rest of my estate to my wife" "Residue split equally between my three children"

Distribute the remainder after specific bequests, pecuniary legacies, and all debts are paid.

Distribution under intestacy (no will):

If there's no will, follow strict intestacy rules under the Administration of Estates Act 1925:

If there's a surviving spouse and children, the spouse receives the first £322,000 plus all personal chattels, plus half the remainder. Children share the other half equally.

If there's a spouse but no children, the spouse inherits everything.

If there are children but no spouse, children inherit equally.

If there's no spouse or children, parents inherit. If no parents, siblings inherit. The intestacy hierarchy continues through extended family.

Beneficiaries under 18:

Minors cannot receive inheritance until they turn 18. You must hold their inheritance in trust with a minimum of two trustees. Invest the funds prudently (typically in savings accounts or low-risk investments) until the beneficiary reaches 18, then distribute.

Obtaining beneficiary receipts:

Each beneficiary must sign a receipt confirming the amount and assets received. These receipts protect you from future claims that beneficiaries didn't receive their inheritance.

Keep receipts with all estate records.

Tax considerations during administration:

If assets increased in value during administration and you sold them above their probate value, Capital Gains Tax may apply. Executors have a CGT allowance of £3,000 for the tax year. CGT rates are 24% on residential property gains and 20% on other gains.

If the estate received income during administration (interest, dividends, rent), you must declare this on an estate tax return. Estate income has different tax treatment than personal income.

Closing the estate:

Once all assets are distributed, provide final estate accounts to all beneficiaries. Obtain signed receipts from everyone who received assets.

Keep all estate records for at least 12 years. This is the recommended retention period in case questions or disputes arise later.

Your duties as executor are now complete.

Common distribution issues:

If you cannot locate a beneficiary, place statutory notices and consider engaging a professional tracing agent if a significant sum is involved.

If a beneficiary disputes the distribution, remember that executors must follow the will or intestacy rules exactly. You cannot vary distributions without all beneficiaries' consent (unless they execute a Deed of Variation).

If the estate is insolvent (debts exceed assets), pay debts in the statutory priority order until funds run out. Beneficiaries receive nothing from insolvent estates.

If a beneficiary dies before receiving their distribution, their share passes to their own estate and is distributed according to their will or intestacy.

Scenario:

Lisa distributed her father's estate 11 months after the grant was issued. Specific bequests went first: £5,000 to each of four grandchildren (total £20,000), and her father's vintage car to his brother.

The residuary estate of £342,000 was split equally between Lisa and her sister as specified in the will—£171,000 each.

Lisa prepared detailed accounts showing every transaction from death to final distribution, obtained signed receipts from all beneficiaries, and kept all records organized in labeled folders for the recommended 12-year retention period.

This table shows the proper distribution order:

Priority Distribution Example
1 Funeral costs £4,500
2 Debts and taxes £15,000
3 Administration costs £1,200
4 Specific bequests Gold watch to son
5 Pecuniary legacies £5,000 to charity
6 Residuary estate Remainder to spouse

Common Probate Mistakes Executors Must Avoid

Small mistakes can have serious consequences—financial penalties, personal liability, or family disputes. Here are the critical pitfalls to avoid.

1. Incorrectly completing probate forms:

This is the single most common mistake causing delays. Errors in dates, omitting property details, or choosing the wrong IHT form all trigger rejections.

When applications are rejected, you face delays of weeks or months, resubmission costs, and frustrated beneficiaries.

Solution: Read form guidance thoroughly. For complex estates, consider having a probate practitioner review your application before submission.

2. Inaccurate estate valuations:

Executors commonly overlook digital assets (cryptocurrency, online businesses, domain names), foreign bank accounts, or small investment accounts.

Using insurance valuations instead of realistic resale values overvalues estates. Not obtaining professional RICS property valuations leaves you vulnerable to HMRC challenges.

HMRC can query valuations years later, impose penalties for incorrect inheritance tax assessments, and charge interest on underpaid tax. Beneficiaries may dispute distributions if they discover assets were overlooked.

Solution: Conduct thorough asset searches. Use professional valuations for property and significant items. Include ALL assets, even small ones.

3. Missing inheritance tax deadlines:

Inheritance tax is due within 6 months of death. Many executors don't realize this deadline exists—they assume tax is due when probate is granted.

HMRC charges interest on late payments, plus potential penalties. Executors can be personally liable for interest and penalties.

Solution: Diarize the 6-month tax deadline immediately. For complex estates, engage a tax accountant to ensure timely payment and accurate calculations.

4. Distributing assets too early:

Distributing before debts are fully paid, not waiting the protective 10-month period, or skipping statutory notices are dangerous mistakes.

If unknown creditors appear after you've distributed assets, you're personally liable to pay them. You may need to recover distributed assets from beneficiaries—causing family rifts and legal costs running into thousands.

Solution: Follow the proper timeline rigorously. Pay all debts first. Place statutory notices. Wait 10 months from grant. Only then distribute.

5. Not accounting for all executors:

Applying for probate without notifying co-executors, or failing to document executor renunciations properly, causes applications to be rejected.

Solution: Contact all named executors at the start. Get formal written renunciations from anyone who won't act. Include all executors on the application or explain their status.

6. Property transfer errors:

Not understanding the difference between joint tenancy and tenants in common causes major problems.

Assuming all jointly-owned property automatically passes outside the estate is wrong—tenants in common shares form part of the estate and need probate for transfer.

Solution: Check Land Registry documents for exact ownership type. Seek legal advice if uncertain about property ownership structures.

7. Not advertising for creditors:

Skipping Gazette and newspaper notices to save £200-400 is false economy.

Without statutory notices, you have no protection from unknown creditor claims. Personal liability can run to tens of thousands if a creditor appears after distribution.

Solution: Always place statutory notices. The £200-400 cost is worthwhile insurance against unlimited personal liability.

8. Failing to locate all beneficiaries:

Class gifts in wills like "to all my grandchildren" or "to my nephews and nieces" require finding all class members.

If you don't make reasonable efforts to trace beneficiaries and one appears later claiming their share, you're personally liable.

Solution: Use professional tracing services for missing beneficiaries. Document all search efforts thoroughly.

9. Missing tax exemptions and reliefs:

Not claiming business property relief, agricultural property relief, or spouse exemption correctly can result in overpaying inheritance tax by thousands.

Solution: For estates over £500,000 or with business/agricultural assets, engage a specialist tax advisor to identify all available reliefs.

10. Poor record-keeping:

Not documenting decisions and transactions, mixing personal and estate finances, or failing to create an audit trail causes problems.

Beneficiaries may dispute your decisions if you can't show supporting records. You may be unable to defend your actions if challenged.

Solution: Open a dedicated executor estate account. Keep detailed records of every transaction. Save all correspondence. Document the reasoning behind significant decisions.

Real-world consequences:

One executor distributed £180,000 to beneficiaries before paying a £35,000 debt they'd overlooked. The executor was personally liable and had to recover the funds—causing a major family rift and legal costs exceeding £12,000.

Another executor used a DIY property valuation of £250,000. HMRC's professional valuation came in at £295,000. The result: £18,000 additional inheritance tax due, plus penalties and interest totaling £22,000—all because the executor didn't spend £300 on a professional valuation.

These mistakes are entirely avoidable with proper procedures and professional help when needed.

Frequently Asked Questions About Probate

Q: What is probate and when is it needed in the UK?

A: Probate is the legal right to deal with someone's property, money and possessions when they die. You need probate when the estate includes assets over £5,000-£50,000 (thresholds vary by institution), solely-owned property, or certain investments. You may not need probate if assets were jointly owned or the estate value is very small.

Q: How long does probate take in the UK in 2025?

A: As of 2025, probate applications are processed in 4-8 weeks for straightforward cases, with the average being around 6-9 weeks. The entire probate process from death to final distribution typically takes 6-12 months for simple estates, though complex cases can take 2+ years.

Q: How much does probate cost in the UK?

A: The government probate application fee is £300 for estates over £5,000 (no fee for estates under £5,000). Additional costs include £16 per extra copy of the grant. If you use a solicitor, costs typically start at £1,500-£3,000 for simple estates and can exceed £10,000 for complex estates.

Q: Can I apply for probate myself without a solicitor?

A: Yes, you can apply for probate yourself online or by post. Many executors successfully handle straightforward estates personally, saving significant costs. This works well for simple estates under £500,000 with no disputes, though complex estates involving business assets, overseas property, or potential disputes may benefit from professional help.

Q: What happens if I don't apply for probate?

A: If probate is required and you don't apply, the estate cannot be distributed. Banks and financial institutions won't release funds, property can't be sold, and beneficiaries won't receive their inheritance. There's no time limit for applying, but delays can cause financial hardship for beneficiaries and potential disputes.

Q: Do you need probate if there's a will?

A: Having a will doesn't automatically mean probate is needed. Probate is required based on the type and value of assets, not whether a will exists. However, if probate is needed and there's a valid will, the process is simpler as executors are already named and wishes are clear.

Q: What is the difference between probate and letters of administration?

A: Probate (officially called 'grant of probate') is issued when there's a valid will naming executors. Letters of administration are issued when there's no will (intestacy) and the closest living relative must apply. Both give legal authority to deal with the estate, but the application process differs slightly.

Q: Can executors be held personally liable during probate?

A: Yes, executors can be personally liable for mistakes during probate. This includes distributing assets before paying debts or taxes, incorrectly valuing the estate, missing inheritance tax deadlines, or failing to locate all beneficiaries. Executors should keep detailed records and consider placing statutory notices to protect themselves.

Q: What is inheritance tax and when must it be paid during probate?

A: Inheritance tax is charged at 40% on estates exceeding £325,000 (nil-rate band), though most estates qualify for additional allowances. It must be paid within 6 months of death—for example, if someone died in January, tax is due by 31 July. HMRC charges interest on late payments.

Q: How do I value an estate for probate purposes?

A: You must value all assets at their market value on the date of death, including property (professional valuation recommended), bank accounts (contact institutions for date-of-death balance), investments, vehicles, possessions, and business interests. Deduct debts, funeral costs, and outstanding bills. The net value determines if inheritance tax is due.

Conclusion

Navigating probate as an executor is one of the most important responsibilities you can hold—administering a loved one's final wishes with care, integrity, and legal precision requires attention to detail and proper procedures.

Key takeaways:

  • Probate grants you legal authority to manage someone's estate, but it's not always required—check asset values and ownership types before applying
  • The 2025 probate process is faster than ever, with online applications averaging 4-8 weeks compared to 15+ weeks in 2023
  • DIY probate costs £550-1,200 for straightforward estates versus £1,500-10,000+ for solicitor services—significant savings if you have time and confidence
  • Critical executor protection: place statutory notices, wait 10 months before distribution, maintain detailed records, and never distribute before paying debts
  • Common mistakes (incorrect valuations, missing tax deadlines, early distribution) can result in personal liability running into thousands—seek professional help for complex estates

While the process can feel overwhelming in the fog of grief, taking it step by step, seeking help when needed, and protecting yourself with proper procedures ensures you honor their memory while safeguarding your own financial wellbeing.

Thousands of executors successfully navigate probate every month. With the right guidance, realistic expectations, and careful attention to legal requirements, you can too.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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