Probate Explained Simply

Probate is one of those legal terms that most people have heard of but few fully understand until they need to deal with it. This guide explains what probate is, when it is required, how the process works, and what it means for a property sale — in plain English.

General guidance only. This resource is intended to help you understand and prepare — it is not legal or professional advice. Property law is complex and individual circumstances vary. Always consult a qualified solicitor or conveyancer before making decisions about your property transaction.

What Is Probate?

Probate is the legal process by which a deceased person's estate is administered. In England and Wales, it involves obtaining official authority from the courts to deal with the estate — collecting assets, paying debts, and distributing what remains to the beneficiaries. The document that grants this authority is called a Grant of Probate (where the deceased left a will) or Letters of Administration (where there is no will). Together, these are sometimes referred to as a 'grant of representation'.

4–8 wks

Typical grant wait time

From application submission

£273

Probate court fee

For estates over £5,000

6 months

Deadline to pay IHT

From date of death

£325,000

IHT nil-rate band

Current threshold (2024/25)

Who Applies for Probate?

Where the deceased left a valid will, the executor named in the will applies for probate. There may be one executor or several. Where there is no will — or where the named executor is unable or unwilling to act — an administrator is appointed instead. Administrators are usually the next of kin, in an order of priority set out by law. The administrator applies for Letters of Administration rather than a Grant of Probate, but the practical effect is the same.

When Is Probate Required?

Probate is not always required. Whether it is needed depends on the nature and value of the assets in the estate. For property, probate is generally required if the property was owned solely by the deceased, or if it was owned as tenants in common (where each owner holds a defined share). If the property was owned as joint tenants, it passes automatically to the surviving owner by right of survivorship, and probate is not needed for the property itself. For other assets, banks and financial institutions set their own thresholds — some will release funds without probate if the amount is below a certain level.

Did you know?

If a property was owned as joint tenants (not tenants in common), it passes automatically to the surviving owner by right of survivorship — probate is not required for the property itself. However, if the property was owned as tenants in common, each owner's share forms part of their estate and probate will be required.

Joint tenants

Property passes automatically to surviving owner
Probate not required for the property
Cannot leave your share in a will
Common for married couples

Tenants in common

Each owner holds a defined share
Probate required to deal with deceased's share
Can leave your share to anyone in a will
Common for co-investors or unmarried couples

The Probate Application Process

To apply for probate, the executor or administrator must complete a probate application form and submit it to the Probate Registry. The application must be accompanied by the original will (if there is one), a certified copy of the death certificate, and the probate fee. Before the application can be submitted, an inheritance tax return must also be completed and submitted to HMRC — even if no inheritance tax is payable. If inheritance tax is due, at least some of it must be paid before probate will be granted.

Inheritance tax must be addressed before probate is granted

An inheritance tax return must be submitted to HMRC before the probate application can be processed — even if no IHT is payable. If IHT is due, at least some of it must be paid before probate will be granted. This can create a cash flow challenge if the estate's main asset is property. Speak to a solicitor or tax adviser early.

How Long Does Probate Take?

The time from application to grant varies considerably. In straightforward cases, it typically takes between four and eight weeks from the date the application is submitted. More complex estates — particularly those with significant assets, overseas property, business interests, or disputed wills — can take considerably longer. Periods of high demand at the Probate Registry can also extend waiting times. Executors should plan for the possibility that probate may take longer than expected, particularly if the estate is complex.

What Happens After Probate Is Granted?

Once the grant of probate or letters of administration have been issued, the executor or administrator has the legal authority to deal with the estate. This means they can access bank accounts, sell investments, and — crucially for property — exchange contracts on a property sale. The executor must then collect all the assets of the estate, pay any outstanding debts and liabilities (including inheritance tax, income tax, and any other taxes), and distribute the remainder to the beneficiaries in accordance with the will or the rules of intestacy.

Probate and Property Sales

For property sales, the grant of probate is required before contracts can be exchanged. This means that while a property can be marketed and offers accepted before probate is granted, the sale cannot legally complete until the grant has been received. Buyers should be made aware of this at the outset. In practice, most buyers who understand the situation are willing to wait, particularly if the probate application is already underway. The key is to be transparent about the timeline and to keep the buyer informed of progress.

You can market the property before probate is granted

There is no legal requirement to wait for probate before marketing a property. You can instruct an estate agent, accept offers, and progress the conveyancing — but contracts cannot be exchanged until the grant has been received. Being transparent with buyers about the probate timeline helps manage expectations.

What happens if… probate takes longer than expected?

Probate delays are common, particularly for complex estates or during periods of high demand at the Probate Registry. Keep your buyer and estate agent informed of progress. Most buyers who understand the situation are willing to wait, particularly if the property is priced correctly and the conveyancing is otherwise progressing. Regular communication is key.

Applying Without a Solicitor

It is possible to apply for probate without using a solicitor — this is known as a personal application. The Probate Registry provides guidance and forms, and the process is manageable for straightforward estates. However, for complex estates — particularly those with significant inheritance tax liabilities, disputed wills, overseas assets, or business interests — professional legal advice is strongly recommended. Mistakes in the probate process can be costly and time-consuming to correct.

Costs of Probate

The court fee for a probate application is currently £273 for estates worth more than £5,000 (there is no fee for smaller estates). Additional copies of the grant cost £1.50 each. Solicitor fees for handling the probate application vary widely depending on the complexity of the estate and the firm instructed — they may be charged as a fixed fee, an hourly rate, or a percentage of the estate value. It is worth obtaining quotes from several firms before instructing.

Probate — key points for property sellers