What is probate? A guide to grants, costs and timescales

When someone dies, their estate – money, property, and possessions – is administered and distributed in accordance with either a Will or intestacy (the distribution of the estate governed by law in England and Wales). Administering an estate often involves an application for a Grant of Representation, commonly referred to as probate.

Understanding what probate is and how it works can help avoid delays, legal complications, and unnecessary stress during an already difficult time.

What is probate?

In England and Wales, a Grant of Representation confirms who is entitled to deal with the administration of the estate. It ensures that estate assets are collected, debts are paid, and the remaining estate is distributed in line with a Will or intestacy.

There are three main types of Grant of Representation:

• A Grant of Probate (where there is a Will)
• A Grant of Letters of Administration with Will Annexed
• A Grant of Letters of Administration (where there is no Will)

If there is a Will, probate usually involves confirming that it is the last Will and testament, that it is valid, and granting legal authority to the named Executor. If there is no Will or validly appointed Executor, an application is made to appoint an Administrator instead.

In simple terms, probate is the legal permission needed to access and distribute a deceased person’s estate. Without it, banks, building societies, and other institutions will not release funds or transfer ownership of assets in many cases.

When is probate required?

Probate is typically required when the deceased person owned assets solely in their name, such as:

• Property or land
• Bank accounts
• Investments or shares

However, probate may not always be required. It may not be needed if:

• The estate is small
• Assets are held jointly and pass to the surviving owner by survivorship, such as joint bank accounts or property owned as joint tenants

Each financial institution sets its own threshold for when probate is required.

What is a grant of probate?

A grant of probate is the official legal document issued by the Probate Registry that confirms the Executor or Administrator’s authority to deal with the estate.

Once granted, the Executor or Administrator can:

• Deal with the closure of bank accounts
• Sell or transfer property or investments
• Pay debts and taxes
• Distribute assets to beneficiaries

How to apply for probate

If you are named as an Executor in a Will, or are entitled to the estate by intestacy, you may need to apply for a Grant of Representation before you can deal with the estate.

The process typically involves:

• Valuing the estate (assets and liabilities)
• If necessary, reporting to HMRC for Inheritance Tax purposes and paying any Inheritance Tax due
• Completing the probate application forms
• Submitting the application to the Probate Registry

Applications can be made online or by post, depending on the circumstances of the estate. Once approved, you will receive the grant of probate, allowing you to begin administering the estate.

What is the Probate Registry?

The Probate Registry is the court system responsible for processing probate applications and issuing grants of probate. It ensures that all legal requirements are met before granting authority to Executors or Administrators to deal with an estate.

How long does probate take?

On average, a straightforward estate can take approximately 12 months to complete. However, timescales can vary significantly depending on the complexity of the estate, and in some cases an estate can be dealt with more quickly.

Delays are often caused by:

• Large or complex estates
• Property sales
• Missing documentation
• Questions over the validity of a Will
• Inheritance Tax calculations
• Disputes between beneficiaries

How much does probate cost?

The cost of probate when instructing a solicitor depends on the size and complexity of the estate.

Typical costs may include:

• Probate application fee
• Legal fees if a solicitor is instructed
• Valuation and administration costs

Some Executors choose to handle probate themselves to reduce costs, while others prefer professional support to ensure everything is completed correctly. The risk of not seeking legal advice is that the application may be delayed and the estate may not be administered properly.

How to find probate records

A probate search allows you to find information about a deceased person’s estate, including whether a grant of probate has been issued. You can also request copies of probate records, which may include:

• The Will (if applicable)
• Details of the Executor or Administrator
• Estate value details

How to search probate records

You can carry out a probate search through the UK government’s probate records service, searching by name and year of death. The results will confirm whether probate has been granted and may allow you to order official documents. Probate records are often used for legal, family history, or financial purposes.

Do I need a solicitor for probate?

You do not legally need a solicitor to apply for probate, but many people choose to use one, particularly for larger or more complex estates.

A solicitor can help with:

• Completing probate applications correctly
• Identifying and resolving issues to avoid delays
• Valuing assets correctly
• Accurately reporting Inheritance Tax
• Administering the estate in line with legal requirements

The Wills & Probate team at HCB Widdows Mason offers clear, sensitive support at every stage of the process. If you would like to discuss your matter, contact us today for a consultation.