WHAT IS PROBATE & HOW DOES IT WORK?

By Ola Leslie Solicitors

Handling the affairs of a loved one after their passing is never easy. Among the many responsibilities that come with this difficult time, probate is a crucial legal process that must be addressed to ensure their estate is properly managed and distributed.

Introduction to Probate

Probate is the legal process of administering a deceased person’s estate—this includes organizing their property, money, and possessions and distributing them as inheritance after any taxes and debts have been settled. It’s a necessary step to ensure that the deceased’s wishes, as stated in their Will, are carried out or, in the absence of a Will, that their estate is managed according to the law.

Understanding Testate and Intestate Estates

The property left behind by a deceased person is referred to as their estate. There are two types of estates:

Testate Estate: When the deceased has left a valid Will, the estate is considered testate. The Will names an executor—someone chosen by the deceased—to manage the affairs and distribute the assets according to their wishes.
Intestate Estate: If the deceased did not leave a Will, their estate is considered intestate. In this case, the estate will be distributed according to the laws of intestacy in the region where the deceased lived or where their property is located.

The Importance of a Grant of Probate

For an executor to legally manage and distribute a testate estate, they must apply for a Grant of Probate. This legal document confirms the executor’s authority to act on behalf of the deceased. Without it, most financial institutions, like banks or mortgage companies, will not allow access to the deceased’s accounts or property.

In cases of intestacy, a Grant of Letters of Administration is required, which gives the closest living relative the legal authority to handle the estate.

The Probate Process: Step by Step

The probate process generally involves the following steps:

Determine if Probate is Needed
Not all estates require probate. Small estates—where the deceased only had savings or jointly-owned assets—may not need it. Financial institutions set their own thresholds for when probate is necessary.
Identify Who Can Apply for Probate
If there’s a Will: The named executor applies for probate.
If there’s no Will: The closest living relative can apply for Letters of Administration.
Value the Estate
This means calculating the total worth of the deceased’s assets (property, bank accounts, shares, etc.) and subtracting any outstanding debts. An estate valuation is necessary to determine if Inheritance Tax applies.
Pay Inheritance Tax (if applicable)
Inheritance Tax must be paid before probate can be granted. Currently, in the UK, the threshold is £325,000—anything above this may be taxed at 40%.
Apply for a Grant of Probate or Letters of Administration
Applications can be made online or by post, with supporting documents, including the death certificate and the Will (if there is one).
For more details on the documents required for probate, please refer to our article ‘What Are the Documents for Probate. ‘
Administer the Estate
Once probate is granted, the executor or administrator can:
- Settle outstanding debts
- Close bank accounts
- Sell or transfer property
- Distribute assets to beneficiaries
Complete Estate Accounts and Final Distribution
Detailed records of all transactions must be kept, and once everything is settled, the remaining assets are distributed according to the Will or intestacy laws.

Common Questions About Probate

How long does probate take?

Probate usually takes between 6 to 12 months, though complex estates or disputes can extend this timeline.

What happens if there’s no Will?

In the absence of a Will, the estate is distributed according to intestacy laws, with spouses, civil partners, and children typically inheriting first.

Can a Will be contested?

Yes, if the Will is believed to be invalid—due to fraud, lack of mental capacity, or undue influence—it can be challenged in court.

Do all estates require probate?

Not necessarily. Estates comprising jointly owned property or minimal assets might not require probate.

What rights do beneficiaries have?

Beneficiaries are entitled to be kept informed about the probate process and can request to review the estate accounts.

We understand how overwhelming probate can feel during an already difficult time. Our team is here to guide you through every step of the process, ensuring that your loved one’s estate is handled with care and legal precision.

For more information or support about probate

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