When someone passes away, their estate, including property, savings, and possessions, usually cannot be dealt with straight away. In many cases, probate is required before anything can be sold, transferred, or distributed.

Probate is the legal process that gives someone the authority to manage the deceased person’s estate. Who applies depends on whether there is a will. If there is a will, the executor named in the will applies for probate; if there is no will, a close relative applies for what is known as letters of administration.

Step 1: Value the estate

Before applying, you’ll need to work out the total value of the estate, including property, bank accounts, investments, and any outstanding debts. Accurate valuations are important, especially if inheritance tax may be due.

Step 2: Deal with inheritance tax

Some estates will not owe inheritance tax, but you still need to report the value to HMRC; if tax is due, at least part of it usually must be paid before probate is granted.

Step 3: Apply for probate

You can apply online or by post, and you will need the death certificate, the original will if there is one, and details of the estate’s value. There is a probate application fee for estates over a certain value.

How long does probate take?

The time it takes to receive a grant of probate can vary. For straightforward estates, probate is often granted within 8 to 12 weeks from the point the application is submitted. However, delays are common and probate can take several months if the estate is complex, inheritance tax is due, information is missing, or there are backlogs at the Probate Registry.

Once probate has been granted, administering the estate, including selling property and distributing assets, can take additional time. In many cases, the full process from start to finish can take six to twelve months, and sometimes longer.

Step 4: Wait for the grant of probate

Once approved, you will receive a legal document confirming your authority to deal with the estate. Until this is issued, property cannot usually be sold and assets cannot be distributed.

Step 5: Administer the estate

After probate is granted, you can sell property, close accounts, pay debts, and distribute assets to beneficiaries.

Probate can feel overwhelming, especially during a difficult time, and many people choose to get professional advice to ensure the process is handled correctly and unnecessary delays are avoided.

Disclaimer: We are not probate solicitors and this article does not constitute legal advice. For guidance on inherited property, probate, or related legal matters, you should seek advice from a qualified solicitor. Likewise, we are not tax specialists and cannot advise on taxation matters, including inheritance tax or capital gains tax.