Probate is the legal process of administering a deceased person's estate. It involves proving that a Will is valid, valuing the estate, paying any taxes or debts, and distributing assets to the beneficiaries.

Do I always need probate?

Not always. Small estates (typically under £5,000–£10,000) may not require probate. However, if the deceased owned property or had significant assets, probate is almost always required.

What happens if there is no Will?

If someone dies without a Will (intestate), the estate is distributed according to the Rules of Intestacy. A close family member applies for Letters of Administration rather than a Grant of Probate.

What is Probate? A Simple Guide | GLCS Probate Services

Q: How long does probate take?

A straightforward probate typically takes 6–12 months from start to finish. Complex estates involving property, disputes or inheritance tax can take longer.

Probate is the official process of dealing with someone's estate after they die. It means valuing what they owned, paying any debts or taxes, and making sure everything is passed on to the right people. Think of it as the legal sign-off that allows you to access and distribute the estate.

The Basics

When do you need probate?

You will usually need probate if the person who died:

Owned property in their name

Banks and Land Registry require a Grant of Probate before a property can be sold or transferred.

Had savings or investments over ~£5,000

Most banks won't release funds without seeing a Grant of Probate first.

Held shares or pension assets

Financial institutions require legal authority before releasing these to beneficiaries.

If the estate is small (for example, just a small bank account and personal belongings), probate may not be needed at all.

Step by Step

How does probate work?

Register the death & locate the Will

The death must be registered within 5 days. Find the original Will — this names the Executor who has authority to act.

Value the estate

Every asset and debt is valued at the date of death. This includes the property, bank accounts, investments, and personal belongings.

Pay any inheritance tax

If the estate exceeds the £325,000 threshold, inheritance tax is due before the Grant of Probate is issued. We help you calculate and pay this correctly.

Apply for the Grant of Probate

This is the court document that gives you legal authority to deal with the estate. It's issued by the Probate Registry.

Collect assets and pay debts

Using the Grant, you can access bank accounts, sell or transfer property, and settle any outstanding bills or loans.

Distribute to beneficiaries

Once debts are paid, the remaining estate is shared according to the Will — or the Rules of Intestacy if there is no Will.

Common Questions

Frequently asked questions

How long does probate take?

A straightforward probate typically takes 6–12 months from start to finish. Complex estates — especially those involving property sales, inheritance tax or disputes — can take longer. We keep you updated throughout.

What if there is no Will?

If someone dies without a Will, they are said to have died intestate. The estate is distributed according to the Rules of Intestacy — a fixed legal order that prioritises spouses, then children, then other relatives. A close family member applies for Letters of Administration rather than a Grant of Probate.

Can I do probate myself?

Yes — but it's time-consuming and mistakes can be costly. HMRC penalties for incorrect inheritance tax returns are common. Most families choose a solicitor to avoid stress and ensure everything is done correctly.

What does probate cost?

Our fees are fixed and agreed in writing before any work begins — no hidden charges. A Grant of Probate Only service is £2,995 + VAT; full estate administration is priced on the work involved (capped at 2% for simple estates). See our full probate fees for details.

Do I have to go to court?

No. The vast majority of probate cases are handled entirely by post and online. You won't need to attend court unless there is an active dispute over the estate.

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What is Probate?