What is Probate?

What Is Probate?

Probate is the legal authority to deal with a person's property, money and possessions after their death. The wider process of collecting assets, settling liabilities, dealing with tax and distributing the estate is known as estate administration. Lewis Nedas Law advises executors, administrators and beneficiaries on probate and estate administration in England and Wales.

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Experienced Probate Solicitors in London

Lewis Nedas Law has provided legal services for more than 40 years and is authorised and regulated by the Solicitors Regulation Authority, SRA number 567461. The firm is recognised as a Legal 500 Leading Firm 2026 and is included in The Times Best Law Firms 2026.

Our Wills, Trusts and Probate team advises executors, administrators, beneficiaries and families on Grant of Probate applications, Letters of Administration, estate administration, Inheritance Tax, complex estates and disputes.

What Does Probate Mean?

The word "probate" is used in more than one way.

Strictly, probate refers to the legal authority to deal with the estate of someone who has died. Where there is a valid Will and an executor applies, the court document giving that authority is usually called a Grant of Probate.

Where there is no valid Will, the appropriate person may apply for Letters of Administration. Both forms of authority are commonly described as a grant of representation.

People often use "probate" more broadly to describe the whole estate administration process, which can include valuing assets, dealing with tax, settling debts, selling property and distributing the estate. For more detail on the steps involved, see our guide on what to do after a death and our overview of how much probate costs.

Is Probate Always Required?

No. A grant is not required for every estate. GOV.UK advises personal representatives to contact the banks, mortgage providers and other organisations holding the deceased's assets to establish whether they require a grant.

A grant may not be needed where, for example:

Each financial organisation can set its own requirements for releasing assets. There is no single estate-value figure below which probate is automatically unnecessary.

When Might a Grant of Probate Be Needed?

A grant may be required where the personal representative needs legal authority to collect or transfer estate assets. This can include circumstances involving:

Whether a grant is required should be checked against the ownership of each asset and the requirements of the organisation holding it.

Who Applies for Probate When There Is a Will?

If the deceased left a valid Will, an executor named in that Will or a codicil can usually apply for the Grant of Probate.

Where several executors are named, they should agree how the application will be handled. An executor who does not want to apply immediately may sometimes reserve the right to apply later. Another executor may decide to renounce their right permanently.

The original Will will ordinarily need to be provided as part of the application. For a summary of what makes a Will legally valid, see our page on the requirements of a valid Will.

What Happens if There Is No Will?

If someone dies without a valid Will, they are said to have died intestate. The person with the highest legal entitlement may apply to become the administrator of the estate. This is commonly the deceased's surviving spouse or civil partner, followed by other relatives according to the statutory order of priority.

An unmarried partner does not automatically have the same entitlement to apply simply by reason of cohabitation.

Where there is no Will, the estate is distributed according to the intestacy rules, rather than according to informal family wishes.

What Does an Executor or Administrator Have to Do?

Executors and administrators are collectively known as personal representatives. They are legally responsible for the estate during the administration period. Their work may include:

Personal representatives can become personally liable in some circumstances if they distribute estate assets without retaining enough to meet debts and tax liabilities.

Valuing the Estate Before Probate

Before applying for probate, the personal representative needs to estimate the value of the estate for Inheritance Tax purposes. This requires identifying the deceased's:

Different valuation rules can apply to different assets. Some jointly owned property, overseas assets, trusts and gifts may need separate treatment when calculating the figures used for probate and Inheritance Tax.

Probate and Inheritance Tax

Inheritance Tax is not determined simply by asking whether an estate is worth more than £325,000. For the 2026 to 2027 tax year, the standard nil-rate band is £325,000 and the residence nil-rate band is £175,000 where the statutory conditions are met.

Transfers to a spouse or civil partner can qualify for exemption. Unused allowances may in some circumstances be transferred to the surviving spouse or civil partner. A qualifying estate can potentially benefit from allowances of up to £500,000 for an individual, and up to £1 million for a qualifying surviving spouse or civil partner where transferred allowances are available.

The standard Inheritance Tax rate is 40% on the taxable part of an estate, subject to reliefs, exemptions and other applicable rules.

Inheritance Tax calculations can become more involved where the estate includes lifetime gifts, businesses, agricultural property, trusts or overseas assets.

When Does Inheritance Tax Have to Be Paid?

Where Inheritance Tax is due, some of the tax will ordinarily need to be paid before probate can be granted. Where full estate details are required, the personal representative may need to submit form IHT400 to HMRC before the probate application can proceed.

HMRC reporting requirements vary according to the estate. Professional advice can help where there is uncertainty about whether an estate must be reported or what reliefs may apply.

What Is the Probate Application Fee?

As at August 2026, the government probate application fee is £526 where the estate is worth more than £5,000. There is no application fee where the estate is worth £5,000 or less. Extra copies of the grant can attract separate charges.

Government fees can change, so the current amount should be checked when an application is made. Legal fees, valuation charges, property costs and other professional expenses are separate from the court application fee. Our guide to how much probate costs sets out the main categories of expense in more detail.

How Long Does Probate Take?

There is no reliable single timeframe for completing probate and administering an estate. The time required depends on matters such as:

Obtaining the grant is only one stage. Estate administration may continue for months after the grant has been issued, particularly where property needs to be sold or tax affairs need to be finalised. For this reason, promising a standard completion period can be misleading.

Do I Need a Solicitor for Probate?

There is no general legal requirement to instruct a solicitor for every probate application. Some executors choose to deal with straightforward estates themselves. Professional advice can be valuable where:

Lewis Nedas Law can assist with a particular stage or deal with the wider estate administration process.

What Happens if the Will Is Contested?

A dispute over a Will does not automatically mean every aspect of probate stops. The effect depends on the nature of the dispute and whether a caveat or other legal procedure is used.

A caveat can prevent a grant being issued during a genuine dispute concerning matters such as the validity of the Will or entitlement to take the grant. Other disputes can arise after a grant has been issued.

Anyone considering challenging a Will, defending one or disputing the conduct of an executor should seek advice early, as different claims can carry different deadlines.

What Happens if a Beneficiary Cannot Be Found?

Personal representatives should take appropriate steps to identify and locate beneficiaries before distributing the estate. The appropriate action depends on the circumstances and the efforts already made.

Possible steps can include professional tracing enquiries, advertisements, insurance or an application to the court in appropriate cases. An executor should obtain legal advice before distributing assets where the entitlement of a missing beneficiary remains unresolved.

Probate With Overseas Assets

Estates involving assets outside England and Wales can require legal advice in more than one jurisdiction. Relevant questions can include:

There is no universal rule that an English Grant of Probate can simply be resealed in every country. Local legal advice may be required in the country where the asset is situated.

Estate Administration After the Grant

Receiving the Grant of Probate or Letters of Administration does not complete the estate. The personal representative may still need to:

GOV.UK states that personal representatives remain legally responsible for estate assets from the date of death until everything has passed to the beneficiaries.

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Frequently Asked Questions About Probate