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What is probate? The UK process explained

Quick answer

Probate is the legal authority to deal with someone's estate after they die. The executor named in the will applies for a Grant of Probate (or, with no will, a relative applies for Letters of Administration). It costs £526 for estates over £5,000, typically takes 4–12 weeks for the grant, and isn't needed for jointly owned assets or small balances.

Probate in one paragraph

When someone dies, their sole-name assets are locked. Probate is the process that unlocks them: the court confirms who has authority (the executor under the will, or an administrator under the intestacy rules), checks the inheritance tax position, and issues the grant. Banks, investment platforms and the Land Registry then act on that grant. Without a will the process is the same shape, but the document is called Letters of Administration and the applicant is the person the law puts first in line.

When probate is — and isn't — needed

  • Usually not needed: jointly owned property and joint bank accounts (pass to the survivor), assets held in trust, nominated pension death benefits, and small balances each bank releases at its own threshold.
  • Almost always needed: a sole-name property or land, and sole-name savings or investments above the bank's threshold.

Full breakdown in do I need probate? — or get an instant steer from the probate checker.

The process, step by step

  1. Value the estate — every asset and debt at the date of death, including property, savings, investments, pensions and possessions of value.
  2. Report to HMRC — even when no tax is due, the IHT205 (excepted estates) or full IHT400 must be filed; any inheritance tax owed usually has to be at least partly paid before the grant issues.
  3. Apply for the grant — online via gov.uk, or on paper (form PA1P with a will, PA1A without), with the £526 fee for estates over £5,000.
  4. Collect the assets — close accounts, sell or transfer property, claim pension death benefits.
  5. Pay what's owed — funeral costs, debts, taxes, in the legal order.
  6. Distribute and account — pay the beneficiaries as the will (or intestacy) directs, and keep estate accounts. The working sequence is in the executor checklist.

What it costs and how long it takes

Court fees are only the start — see probate costs for DIY vs solicitor comparisons and the fees estimator, and how long probate takes for realistic timelines and what causes delays.

DIY vs professional help

Most straightforward estates — a house, some savings, a clear will, cooperative family — are administered without professionals, and the online application is designed for exactly that. Pay for help where the estate is taxable, includes a business or foreign assets, or where a dispute is brewing; a fixed-fee probate service or solicitor will quote against the estate. SwiftWill never sells probate or executor services — but a clear, properly signed will is the single biggest factor in how smoothly probate goes.

Frequently asked questions

A clear will makes probate faster and cheaper

The estates that sail through are the ones with an up-to-date will and organised documents. Make yours in about 15 minutes — £35 once.

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Written by Eleanor Vance, Will-writing professional at SwiftWill. Checked by SwiftWill's legal content review against primary sources (gov.uk and legislation.gov.uk). Last reviewed July 2026.