The England and Wales process from authority and valuation through tax, the grant, debts, estate accounts and distribution.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 14 min.
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Frequently asked questions
Is probate required for every estate?
No. A grant may not be needed where assets pass by survivorship or providers release low-value assets without one. There is no single statutory bank threshold: each provider applies its own evidence and release policy.
Who applies when there is a will?
The executors named in the will normally apply. If no executor can or will prove the will, a beneficiary may be able to apply for letters of administration with the will annexed, subject to the probate rules.
Who applies when there is no will?
The person entitled to the estate has priority under the probate rules, beginning with a surviving spouse or civil partner and then the next entitled class. Being next of kin informally does not by itself create authority.
Must Inheritance Tax be paid before probate?
Tax on assets not taken by instalments is generally due by the end of the sixth month after death, and some tax may need to be paid before HMRC provides the probate code. Instalments and direct payment routes may help in suitable estates.
How long does probate take?
There is no reliable whole-estate standard. GOV.UK says a grant application can take up to 12 weeks if documents arrive without delay, but valuation, tax, property, claims and distribution can make the administration much longer.
When should an executor use a solicitor?
Obtain specialist help where authority, solvency, tax, a business, foreign assets, trusts, missing beneficiaries, will validity or family claims are uncertain. Help can be limited to advice or a grant application rather than the whole administration.