Estate & Probate

Managing an estate and applying for probate can be complex. Get clear guidance on executor responsibilities, the probate process, and estate administration.

£325,000 nil-rate band
IHT threshold
40% on estates above threshold
IHT rate
6-12 months
Typical probate timeline

What you'll learn

Estate administration—the process of gathering assets, paying debts, and distributing what remains to beneficiaries—is one of the most complex tasks after someone dies. Whether or not probate is needed depends on the size and nature of the estate.

Do you need probate? Probate is a legal document (called a 'Grant of Probate' if there's a will, or 'Letters of Administration' if there isn't) that gives you authority to deal with the deceased's assets. You typically need it if the person owned property, had bank accounts or investments above certain thresholds (often £5,000-£50,000 depending on the institution), or had assets in their sole name.

When probate isn't needed: If all assets were jointly owned (and pass automatically to the surviving owner), if the estate is very small, or if assets are below individual institution thresholds, you may not need probate. Each bank and building society has its own rules.

The probate process in England and Wales involves several steps: valuing the estate, completing an inheritance tax return (even if no tax is due), applying for the grant, collecting assets, paying debts and taxes, and distributing to beneficiaries. The application can be done online or by post.

As an executor, you have legal duties: to administer the estate according to the will, to pay debts and taxes before distributing assets, to keep accurate records, and to act in the best interests of the beneficiaries. You can be personally liable for mistakes, so seek professional help if the estate is complex.

Inheritance tax (IHT) is charged at 40% on estates above £325,000 (the 'nil-rate band'). However, there are important exemptions: anything left to a spouse or civil partner is exempt, and a residence nil-rate band of up to £175,000 may apply if the home passes to direct descendants. Most estates pay no inheritance tax.

Timeline: Probate typically takes 6-12 months to complete, though complex estates can take longer. The initial grant usually arrives within 4-8 weeks of application if there are no complications.

Professional help: Solicitors typically charge 1-4% of the estate value plus VAT for full probate administration. Probate specialists may be cheaper. For straightforward estates, many executors manage the process themselves using online guidance.

If there's no will (intestacy), the estate passes according to fixed rules: spouse/civil partner first, then children, then parents, siblings, and so on. If you need Letters of Administration, you must apply in a specific order of priority based on your relationship to the deceased.

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Autumn Budget 2025: What Actually Changed for Inheritance Tax

The November 2025 Budget confirmed IHT changes. Learn what was announced, what the rumours got wrong, and what it means for bereaved families.

12 min read

Complete Guide to Applying for Probate

Step-by-step probate application process, forms needed, costs, and typical timeframes for grant of probate.

15 min read

Do I Need Probate? UK Thresholds £5K-£50K (Free Checker 2025)

Probate needed if estate has property or over £50K. Joint accounts exempt. Check bank thresholds: HSBC £50K, smaller banks £15K.

12 min read

Estate Administration Checklist: Complete UK Guide for Executors

Comprehensive estate administration checklist for UK executors. Step-by-step guide covering probate, asset collection, debt payment, and distribution with timelines.

20 min read

Finding the Will: Where to Look

Common places to search for a will, using the National Will Register, and what to do if you can't find one.

8 min read

Inheritance Tax Thresholds Frozen Until 2030

The IHT nil-rate band has been frozen at £325,000 since 2009. Learn how fiscal drag affects estates and what it means for families.

8 min read

Probate Checklist

Not sure if you need probate? Use this guide to understand the process and gather everything you'll need.

15 min read

Probate Delays and IHT Interest Charges

HMRC charges 8.75% interest on unpaid inheritance tax. Learn how to pay IHT before probate and avoid unnecessary interest charges.

10 min read

Probate Guide UK 2025: Complete Step-by-Step Process

Complete UK probate guide 2025 for executors. Learn when you need probate, how to apply step-by-step, documents needed, inheritance tax, costs, timelines, DIY vs solicitor, and common problems.

22 min read

The 7-Year Gifting Rule Explained

How gifts before death are taxed, taper relief rates, exempt gifts, and what executors need to report on IHT forms.

10 min read

Understanding Inheritance Tax Basics

Current IHT thresholds, who needs to pay, exemptions, and how to calculate what's owed on an estate.

12 min read

What Documents Do I Need for Probate? Complete UK Checklist

Complete checklist of documents needed for probate in the UK. From death certificates to asset valuations - everything executors need to gather for probate applications.

18 min read

What If There's No Will (Intestacy Rules)

Who inherits when there's no will, intestacy rules explained, and how to apply for letters of administration.

12 min read

When You Don't Need Probate

Situations where probate isn't required, including small estates, joint assets, and nominated beneficiaries.

8 min read

Frequently Asked Questions

Do I need probate?
Probate is usually needed if the person owned property or had bank accounts or investments in their sole name above certain thresholds. If everything was jointly held or of low value, you may not need it. Check with each bank—thresholds vary from £5,000 to £50,000.
How do I apply for probate?
You can apply online at gov.uk or by post. You'll need to submit the death certificate, inheritance tax forms (even if no tax is due), and the original will if there is one. The application fee is £273 (£0 for estates under £5,000). Processing typically takes 4-8 weeks.
What if there's no will?
If there's no will, a close family member can apply for 'Letters of Administration' instead of probate. The estate will be distributed according to intestacy rules, which set out who inherits based on their relationship to the deceased.
What are my duties as an executor?
As executor, you must: locate and value all assets, pay any debts and taxes, apply for probate, distribute assets according to the will, and keep detailed records. You have a legal duty to act in beneficiaries' best interests and can be personally liable for mistakes.
How long does probate take?
The full probate process typically takes 6-12 months. Getting the grant itself usually takes 4-8 weeks after application. Complex estates with property sales, disputes, or tax issues can take longer.
Can I do probate myself or do I need a solicitor?
Many people handle straightforward estates themselves using online resources. However, consider professional help if: the estate includes a business, there are complex tax issues, there might be disputes, or you feel uncertain. Solicitors typically charge 1-4% of estate value.
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Farra is a digital assistant that helps with death admin and bereavement support in the UK. From registering a death to applying for probate, Farra provides step-by-step guidance, essential documents, and practical help for families navigating the administrative side of loss. Designed to bring clarity and compassion to the most difficult moments, Farra simplifies estate paperwork, bank notifications, and funeral-related tasks so you can focus on what matters.