Probate Explained

Introduction

Aside from the emotional loss, families often face legal and financial responsibilities when they lose a loved one. One of the most important of these responsibilities is probate. It is the process of dealing with someone’s estate after they pass away. It is often required before money, property, or investments can be released.

So, what does probate mean in practice? It is the official way of giving someone the authority to manage and distribute the estate. For many people, this can feel daunting especially if you’re not familiar with the process that includes:

• facing strict timelines
• dealing with inheritance tax
• processing legal paperwork
• balancing emotional and financial pressures

Probate also has very real, practical consequences for families. Until probate is granted, assets are often frozen. This can mean delays in selling property, accessing joint bank accounts, or paying for funeral arrangements. According to our Inheritance Expectations Report 2025, more than 40% of people believe they will wait over a year before receiving inheritance. That uncertainty adds to an already difficult time.

Having a clear understanding of probate helps families set expectations and avoid added financial stress.

This guide provides a clear, step-by-step explanation of probate in the UK:

• when you do need probate
• when you don’t need probate
• who can apply for probate
• how to apply for probate
• how much probate costs and how much a solicitor may charge
• how long probate takes
• the common challenges you may face
• and the services that can ease financial pressure and keep the process moving

What Does Probate Mean?

Probate is the legal authority for managing and distributing someone’s estate. It covers:

• Property
• Investments
• Bank accounts and savings
• Valuables and personal possessions

If there is a will, the named executor can apply for a Grant of Probate. A close relative can apply for Letters of Administration if there is no will. Both roles carry the same responsibility:

• Pay debts and taxes
• Distribute assets correctly

Worth noting: Probate is used in England, Wales, and Northern Ireland. It applies to most assets registered solely in the deceased’s name. Assets held jointly, like a joint bank account or home owned as joint tenants, typically pass automatically to the surviving owner. And probate may no longer be needed.

In Scotland, the equivalent process is called confirmation. Executors must apply to the Sheriff Court to obtain a Grant of Confirmation. This serves a similar function to probate. The rules and terminology may differ. But the principle is the same: the estate cannot be distributed until the official grant is obtained.

Why does this matter?

Because assets will not be released without probate. Financial and property institutions often require it; like banks and the Land Registry. For executors and beneficiaries, understanding probate is essential for the following reasons:

• To properly set expectations
• To prevent costly mistakes
• To make sure everything is in accordance to the law

Do I Need Probate?

Not every estate requires probate. It depends on the type and value of the assets.

When you do need probate:

• Property owned solely or as tenants in common.
• Bank accounts where balances exceed the institution’s release threshold (£5,000–£50,000).
• Investments or shares held solely in the deceased’s name.
• When institutions like insurers or stock registrars demand official probate documentation before releasing funds.

When you don’t need probate:

• Jointly owned assets (they usually pass automatically to the surviving owner).
• Small estates under banks’ thresholds.
• Some pensions or life insurance policies written “in trust” (paid directly to beneficiaries).

Thresholds may differ. Always check with the relevant institution like the bank, building society, or registrar.

Practical note: Some banks may release as little as £5,000 without probate. For balances above £30,000 or £50,000, others will require probate. This variation is easily a common source of confusion.

To illustrate how thresholds vary, imagine this scenario: a person dies with £20,000 in one bank and £60,000 in another. The first bank might release the £20,000 without probate. But the second is likely to require it. The family may still need to apply, even if only part of the estate demands it.

Modern estates also raise new questions about digital assets. PayPal accounts, cryptocurrency wallets, or online share trading platforms are often included as part of the estate. These too may require probate to be accessed or transferred, depending on their terms and conditions.

Do You Need Probate When There Is a Will?

Even if there is a valid will, probate may still be required. Often, executors need the Grant of Probate. This is to prove their authority before financial institutions – banks, insurers, or the Land Registry – will approve the release or transfer of assets.

Exceptions:

• Jointly owned assets like a joint bank account or home owned as joint tenants.
• Very small estates under financial institutions’ limits.

The presence of a will does not automatically remove the need for probate. It is important to remember that a will only records someone’s wishes. It does not give legal authority to carry them out. If financial institutions are not satisfied that probate has been granted, they will not release assets. Even if the executor is named in the will. But probate legally confirms the executor’s authority.

A common example of this is if the validity of the will is challenged. Or if beneficiaries disagree about how assets should be divided. The process may stall until matters are resolved. In such cases, probate becomes even more essential. This is to ensure that distribution is managed lawfully.

Can You Get Probate If There Is No Will?

Yes. The estate is dealt with under intestacy rules. This is if someone dies without a will. The next of kin applies for Letters of Administration instead of probate.

Under intestacy, inheritance is prioritised for:

• Spouses and civil partners
• Children
• Other close relatives

Read our guide to intestacy rules here ➝

Key point: Without a will, distribution follows strict legal rules. Not personal wishes. For unmarried partners or stepchildren, it can get complicated since most of them do not automatically inherit. Strict intestacy rules always prioritise spouses, civil partners, and children in a fixed order. And this does not include blended families. As a result, they will be left without financial support. In turn, disputes may arise.

Who Can Apply for Probate?

With a will: The executors named in the document.

Without a will: The closest relative – spouse, child, or sibling.

Executors and administrators are personally responsible for:

• Valuing the estate
• Settling debts and taxes
• Distributing assets fairly

Being named an executor is a huge responsibility. One that carries personal liability especially if mistakes are made. Paying beneficiaries before clearing debts or miscalculating inheritance tax are some of those.
Key pointers: Never underestimate the workload as an executor. Understand that the process can take months of paperwork. You may need to communicate with multiple institutions. And careful record-keeping should be consistent. Most importantly, professional help may be worth considering for complex estates.

How to Apply for Probate

Applications usually require one of two forms: PA1P (if there is a will) or PA1A (if there is no will). Along with the application, executors must provide a death certificate, the original will (if available), and a detailed inheritance tax form.

Probate can be applied for online. This is generally quicker and easier. You can also apply by post via the Probate Registry. Online applications often take a few weeks less than paper ones, provided all information is accurate.

Applying for probate follows a structured process:

1. Register the death – within 5 days (8 in Scotland). Obtain multiple copies of the death certificate.
2. Prepare the will, if available. Make sure it is the original. Not a photocopy.
3. Value the estate – collect details of property, savings, investments, pensions, and debts. Independent valuations may be required.
4. Calculate inheritance tax (if due).
   1. Currently applies to estates above £325,000, with allowances for spouses and main residences. Tax usually must be paid before probate is granted. Executors often need to raise funds personally or via short-term loans. Learn how inheritance tax works ➝
5. Submit the probate application – online or by post, via the Probate Registry. Apply for probate on gov.uk ➝
6. Pay the probate fee – £273 must be paid. This is for estates over £5,000.
7. Receive the Grant of Probate or Letters of Administration.
8. Collect assets and settle debts. Executors can close bank accounts, sell property, and recover funds.
9. Distribute the estate – once debts and taxes are cleared, assets are passed to beneficiaries.

Good to know: Executors often face pressure because inheritance tax is due before estate funds are released. This is where Level’s Estate Advance can help bridge the gap.

Do I Need a Solicitor to Apply for Probate?

Hiring a solicitor is an option, but you can also apply yourself.

DIY Probate – Pros & Cons

• Saves money
• Suitable for small or straightforward estates
• Time-consuming
• Stressful
• Mistakes can cause legal or financial penalties

Solicitor Support – Pros & Cons

• Reduces stress and risk
• Useful for complex estates, overseas assets, or disputes
• Adds professional fees

In practice: Many executors start the process themselves but bring in solicitors if complications arise.

How Much Does Probate Cost?

• Application fee: £273 for estates worth more than £5,000.
• Solicitor fees:
  • Fixed fee: £500–£1,000
  • Percentage-based or hourly rates for complex estates (often 2–5% of estate value)
• Other costs:
  • Property valuations
  • Inheritance tax
  • Dispute-related legal fees

Example: For a £500,000 estate, solicitor fees could range from £10,000–£25,000 if charged as a percentage. This is why comparing fee structures is important.

How Long Does Probate Take?

Here are the typical timelines:

• Straightforward estates: 6–9 months
• Complex estates: 12–18 months
• Disputed estates: Several years

Common causes of delay:

• Disagreements among beneficiaries
• Inheritance tax queries from HMRC
• Missing paperwork or asset valuations
• Overseas property or assets

According to our UK Inheritance Expectations Report 2025, over 40% of beneficiaries expect to wait more than a year before receiving their inheritance. This prolonged process can create financial strain for families already under pressure.

If waiting isn’t an option, Level’s Inheritance Advance helps beneficiaries access funds while probate continues.

FAQs

Can probate be avoided?

Not entirely. But joint ownership, trusts, and lifetime gifting can reduce the need.

What happens if probate is delayed?

Beneficiaries may have to wait months—or years—for access. Executors may struggle to cover costs such as inheritance tax or property expenses in the meantime.

Can an executor refuse probate?

Yes. If an executor does not wish to act, they can renounce their role or reserve power, allowing others to take over.

Do all banks require probate?

No. Each bank sets its own threshold. This ranges from £5,000 to £50,000. Best to always check the institution’s rules.

How soon can beneficiaries be paid after probate?

Once debts and taxes are cleared, executors can begin distributing inheritance. This often happens a few weeks after the grant is received, but large or disputed estates may take much longer.

How Can Level Help with the Probate Process?

Executors and beneficiaries often face cashflow challenges during probate. Level provides flexible funding solutions:

Why Level?

• Fast and flexible funding tailored to your needs.
• Trusted expertise: Chambers ranked and highly rated on Trustpilot
• Clear process
• Transparent costs, no hidden fees

Explore Inheritance Advance ➝

Explore Inheritance Tax Loan ➝

Explore Estate Advance ➝

Probate Lending Made Simple

Probate is a vital step in managing a loved one’s estate, but it can be slow, costly, and stressful. Executors may need to pay inheritance tax before funds are available. Beneficiaries may wait months – or years – for their inheritance.

Level makes probate easier with tailored lending solutions. Whether you’re an executor facing tax deadlines or a beneficiary who needs early access to inheritance, we can help.

Contact Level today to speak with our specialists or apply online.