Probate in the UK: FAQs and essential information

Most common probate questions, so you’ll know what to expect every step of the way.

Probate can be a complex process, but we’re here to help. This page answers some of the most common questions about probate, so you can understand what to expect.

Please note, this page is meant for general informational purposes and should not be considered as legal counsel. If you require tailored guidance on any aspect of probate, reach out to our experienced team at Trustestate.

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What is Probate?

Probate is the legal process of sorting the estate (property, money and possessions) of someone who’s died. Whether you need it depends on the threshold set by the bank or financial organisation – this can be anywhere between £5,000 and £50,000. The probate registry charges £300 to apply and it takes approximately 16 weeks to be granted.

What is the difference between a Grant of Probate and Letters of Administration?

Grant of Probate is the legal document you’ll get if the person left a will. If they didn’t leave a will, you’ll get a Grant of Letters of Administration instead.

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Do I need probate?

You’ll probably need probate if the person who died:

Owned property or assets in their sole name or as ‘tenants in common’, &

The value exceeds the threshold set by the bank or financial institution involved.

The probate threshold is set by individual banks and financial organisations, not the government. This is often between £5,000 and £50,000 – each organisation has their own rules on how much money they can release before seeing a Grant of Probate.

You may not need probate if the person who died:

Had an estate valued at less than £5,000

Owned shares or money with others - this passes to the surviving owners (unless they’ve agreed otherwise)

Owned land or property as ‘joint tenants’ with others - this passes to the surviving owners

It’s best to check with the relevant bank or financial organisation to be sure.

Where do I find a copy of the Will?

The copy of the Will might be online, with their solicitor, or printed and stored with other important documents. The Will should name an executor, who’s responsible for sorting the estate and carrying out the person’s wishes.

If there’s no executor, or the named executor cannot act/gives up their role, the next of kin or beneficiaries can apply to be the administrator of the estate instead. If you can’t find a Will or letter of wishes, that’s okay. Their estate will need to be shared out according to the rules of intestacy instead.

Is there a deadline for probate?

The whole process of sorting out the estate usually takes 6 to 12 months, but can take longer. While there is no specific timeframe for finalising the probate process itself, it’s crucial to be aware of one essential time constraint: Inheritance Tax (IHT). Any IHT owed on the estate must be settled within six months from the date of the individual’s passing.

Can you track a probate application?

You can track the preparation of your probate application on our platform. Once it’s submitted to HM Courts and Tribunal Services (HMCTS), we’ll seek updates from the Court for you.

When do I check if the estate is subject to inheritance tax?

Before you apply for probate, check if the estate is subject to inheritance tax (IHT). You’ll generally need to pay 40% if the estate is worth more than £325,000 unless there are other allowances/reliefs available.

Check out our guide on everything you need to know about inheritance tax in the UK, including ways to minimise the tax you pay.

If IHT is due, submit the form, pay the IHT. There are a number of payment options available where there aren’t funds available to pay all of the IHT at once.

If IHT isn’t due, you’ll still need the estimated value of the estate to apply for probate.

How Trustestate can help

Getting probate and sorting the estate can be complicated, but it’s important to make sure it’s done correctly. Our platform lets you manage the whole probate and estate administration process online, from start to finish.

Probate your way, at a fair price

Grant of probate

From

£500

+VAT

Pay now, claim the money back from the estate later.

This might be for you if:

The estate is simple

You have plenty of time

You’re confident with admin

You’d prefer to spend less

What’s included:

Initial free call with one of our experts

Online platform to help you manage the process

We prepare the probate forms, and apply on your behalf

Support from our friendly team, any time you have questions

We notify banks and organisations and collect the information we need

We pay debts and deal with property and assets

We distribute everything to the beneficiaries

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Probate in the UK: FAQs and essential information

What is Probate?

What is the difference between a Grant of Probate and Letters of Administration?

Do I need probate?

You’ll probably need probate if the person who died:

You may not need probate if the person who died:

Where do I find a copy of the Will?

Is there a deadline for probate?

Can you track a probate application?

When do I check if the estate is subject to inheritance tax?

How Trustestate can help

Probate your way, at a fair price

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