What is Probate? Probate is one of those words that most people have heard long before they have any reason to understand what it actually involves.
Usually, the first time someone has to deal with it is after a death, when they are already trying to work through everything else that comes with losing somebody. They may have found the Will and know who the executors are, but then a bank, investment provider or estate agent asks whether probate has been granted.
Probate is the legal authority that allows someone to deal with the estate of a person who has died. Whether it is actually required depends on what the person owned and how those assets were held.
What does probate actually do?
When somebody dies, their estate can include property, money in bank accounts, investments, possessions and other assets. There may also be debts to settle and tax matters to deal with before anything can be distributed to beneficiaries.
Where there is a Will, the people appointed as executors are normally responsible for administering the estate. A Grant of Probate confirms their legal authority to do that.
Once the Grant has been issued, the executors can use it when dealing with organisations holding the deceased person’s assets. A bank may require it before releasing a substantial balance, for example, and it will usually be required before certain property belonging to the estate can be dealt with.
Probate is therefore part of administering an estate rather than a process that determines who should inherit. Where there is a valid Will, the Will provides those instructions.
Is probate always needed when someone dies?
No.
Some estates can be dealt with without applying for probate at all. Much depends on the assets involved and their value.
Banks and other financial institutions have their own requirements for releasing money after somebody dies. An organisation may be prepared to release a relatively modest balance without seeing a Grant, while another asset may require one.
The way jointly owned assets are held can also make a difference. A home owned as Joint Tenants will normally pass to the surviving joint owner through the right of survivorship rather than through the deceased person’s estate. The same principle can apply to some other jointly held assets.
This means there isn’t a single estate value at which probate automatically becomes necessary in every case. Someone with several assets held in their sole name may require a Grant, while another person’s affairs could be arranged in a way that means much of what they owned passes outside the probate process.
The organisations holding the assets will usually confirm whether they require probate before releasing them.
What happens if there isn’t a Will?
An estate can still require a formal Grant even if the person did not leave a Will.
Strictly speaking, the terminology changes. A Grant of Probate is issued where there is a Will and an executor is applying. Where somebody dies without a Will, the appropriate person normally applies for Letters of Administration and becomes the administrator of the estate.
The intestacy rules determine who is entitled to inherit when there is no valid Will, and they also affect who has priority to apply to administer the estate.
There can also be circumstances where a Will exists but Letters of Administration with Will Annexed are required, for example if there is no executor able to apply.
In everyday conversation all of these processes are often referred to simply as “probate”, but the distinction can matter when an estate is being administered.
What needs to happen before applying for probate?
Applying for the Grant is not necessarily the first job for an executor.
The estate needs to be understood and valued. That usually means identifying assets and debts, obtaining balances and valuations and establishing how particular assets were owned.
Inheritance Tax also has to be considered before the probate application is made.
Even where no Inheritance Tax is payable, an estimated value of the estate is needed for the probate application. Some estates require full details to be reported to HM Revenue & Customs using the IHT400 process. Where Inheritance Tax is due, some of the tax will normally need to be paid before probate can be granted.
This part of the administration can take time, particularly where somebody owned several properties, investments, business interests or assets which are difficult to value.
It is one reason probate should not be thought of simply as filling in a form and waiting for a certificate.
How long does probate take?
The Probate Service currently advises that a Grant will usually be issued within 12 weeks of an application being submitted.
That does not mean an entire estate will be completed within 12 weeks.
Work has to take place before the application can be made, and there is usually plenty still to do after the Grant arrives. Property may need to be sold, investments encashed, debts settled, tax dealt with and accounts prepared before beneficiaries receive their inheritance.
There can also be delays if further information is required as part of the probate application.
A relatively straightforward estate may therefore look very different from one involving several properties, a business, complicated tax affairs, missing information or disagreements within the family.
How much does a probate application cost?
The court fee for a probate application changed in July 2026.
For an estate valued at more than £5,000, the application fee is currently £526. There is no application fee where the estate is valued at £5,000 or less.
That is the court fee for making the application. It should not be confused with the wider costs of administering an estate, which might include professional advice, valuations, property costs, tax advice or other expenses depending on what is involved.
Executors can apply for probate themselves, and not every estate requires professional help throughout the administration.
There are, however, estates where advice can be valuable, particularly if the Will is unclear, Inheritance Tax is involved, there are trusts or business assets, beneficiaries cannot be located or somebody is challenging the Will or estate.
Can you sell a house before probate is granted?
This is an area that can cause confusion because preparations for a sale and completing a sale are not necessarily the same thing.
Government guidance advises against making financial plans or putting property on the market until probate has been obtained. In practice, the precise position will also depend on how the property was owned.
Where a property formed part of the deceased person’s sole estate, the executors will generally need the Grant before they can complete a sale and transfer the legal title.
A jointly owned property may be different. If it was owned as Joint Tenants, the deceased person’s beneficial interest would normally pass automatically to the surviving joint owner rather than under the Will.
We have covered the difference between Joint Tenants and Tenants in Common elsewhere on our website because property ownership can have a significant effect on what happens after somebody dies.
Does having a Will avoid probate?
Not necessarily.
A Will and probate do different jobs.
Your Will records what you want to happen to your estate, names the people you want to administer it and can deal with matters such as trusts and guardianship. Probate may still be required to give your executors the authority they need to deal with particular assets.
Having a properly drafted Will can nevertheless make the administration considerably clearer. The executors know they have been chosen for the role and there are instructions setting out who should benefit from the estate.
Without a Will, the law decides who can administer the estate and who inherits under the intestacy rules. That may be very different from what the person who died would have chosen.
What does an executor actually have to do?
Obtaining probate is only one part of an executor’s responsibilities.
Executors have to identify the estate, establish its value, deal with liabilities and tax, collect or transfer assets and eventually distribute the estate according to the Will. They also need to keep appropriate records of what has been received and paid out.
For a simple estate, much of that work may be relatively straightforward. Other estates can take considerably longer and involve decisions which executors are understandably uncomfortable making without advice.
It is worth remembering this when choosing executors in your own Will. Being an executor is not simply an honorary role given to the person you trust most. The people you appoint may one day be responsible for dealing with your financial affairs at what is already likely to be a difficult time for your family.
Probate is easier to deal with when the planning has been done
There is no way of making every estate administration simple. People’s finances, families and assets differ too much for that.
There are, however, practical things that can make life easier for the people left behind. Having an up-to-date Will, choosing suitable executors and making sure important financial information can be found gives those executors a much better starting point.
At AHJ Wills & Estates, we work with individuals and families across Sheffield, Rotherham and the surrounding areas to put Wills and estate planning arrangements in place that reflect what they actually want to happen.
Probate may only become relevant after someone has died, but some of the things that make the process easier can be dealt with many years before it is ever needed.
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