A plain-English guide to what probate is, when you need it, how to apply, and what it costs. The starting point for anyone who has just lost a loved one.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 12 min.
Most straightforward estates take between 9 and 12 months from death to final distribution. GOV.UK currently says the probate application itself is usually issued within 12 weeks after submission, but applications with missing documents, IHT checks, caveats, or HMCTS queries can take longer. Estates with property to sell, IHT to pay, or disputes can take considerably longer overall — sometimes two to three years.
Yes. You can apply online at gov.uk or by post using form PA1P (with a will) or PA1A (without a will). Many executors handle straightforward estates themselves. A solicitor is worth considering if the estate includes property in multiple countries, a business, significant IHT liability, or if there is any dispute between beneficiaries.
The fee is £526 for an estate worth more than £5,000. There is no application fee if the estate is worth £5,000 or less.
Yes, if the estate is large enough to require it. Without a will, the estate passes under the intestacy rules and the closest living relative applies for Letters of Administration (not a Grant of Probate). The process is the same, but the form is PA1A rather than PA1P.
You can put the property on the market and accept an offer before probate is granted, but you cannot complete the sale until the grant is in hand. Most solicitors and estate agents are familiar with this and will time the exchange of contracts accordingly.
Executors have authority from the moment of death to protect estate assets — you can secure property, cancel direct debits, and notify organisations. However, you cannot distribute assets, sell property, or close accounts until the grant is issued. Acting prematurely can make you personally liable for any losses.
Banks freeze accounts on notification of death, not at probate. They release funds once you present the Grant of Probate (or Letters of Administration). Some banks will release small sums — typically under £5,000 to £50,000 depending on the institution — without a grant, using their own small estate procedures.
A Grant of Probate is issued when there is a valid will naming executors. Letters of Administration are issued when there is no will, or when the named executors are unable or unwilling to act. Both documents give the holder legal authority to deal with the estate — the practical effect is the same.