What Is Probate? The Complete Plain-English Guide 2026

Probate is the legal process of administering a person’s estate after they die — collecting their assets, paying debts and taxes, and distributing what remains to the beneficiaries named in the will or, if there is no will, under the rules of intestacy. In England and Wales, the word “probate” is also used as shorthand for the court order itself: the Grant of Probate, which gives executors the legal authority to act. Without it, banks will not release funds above their threshold, property cannot be transferred, and investments cannot be sold.

What Is Probate — The Legal Definition

Strictly speaking, probate refers to the court’s confirmation that a will is valid and that the named executors have authority to administer the estate. In everyday use it has come to mean the entire process of estate administration. The Grant is issued by HMCTS once the estate has been valued, HMRC has been notified, any inheritance tax due has been paid, and the probate application has been submitted with the required court fee.

There are two forms of the Grant. A Grant of Probate is issued when there is a will and the named executors are applying. Letters of Administration are issued when there is no will, or when there is a will but no executor is able to act. Both carry the same practical authority to collect assets, pay debts, and distribute the estate.

When Is Probate Needed?

Probate is needed whenever the deceased owned assets that institutions will not release without a court order. The main triggers are:

• Property held in the deceased’s sole name, or as tenants in common
• Bank or building society accounts above each institution’s internal threshold — typically between £5,000 and £50,000 depending on the bank
• Shareholdings or investment portfolios held in the deceased’s name
• Life insurance policies not written in trust
• Pension lump sums that form part of the estate rather than passing to a nominated beneficiary

When Is Probate Not Needed?

Jointly Held Assets Passing by Survivorship

Assets held as joint tenants — most married couples’ homes and joint bank accounts — pass automatically to the surviving joint owner by the rule of survivorship. The survivor notifies the bank or Land Registry with a copy of the death certificate. No Grant is needed for these assets. Assets held as tenants in common, however, do not pass automatically — each owner holds a distinct share that passes under their will or intestacy rules, and probate is still required for that share.

Small Estates Below Bank Thresholds

If the total estate is modest and every asset falls below the relevant institution’s threshold for releasing funds without a Grant, probate may be avoided entirely. Banks set their own thresholds and these vary — most major UK banks will release funds informally on production of a death certificate, an indemnity, and proof of entitlement if the balance is below their limit.

Assets Held in Trust

Assets properly held in trust, pensions with a nominated beneficiary, and life insurance written in trust do not form part of the deceased’s estate and do not require probate. They pass directly to the named beneficiary.

Who Applies for Probate?

Where there is a will, the named executors apply. Being named as executor does not mean you are legally required to act — you can formally renounce the role, or reserve power while another executor takes the lead. See our detailed guide on whether you have to act as executor if named in a will. Where there is no will, statutory priority applies: the surviving spouse or civil partner has first priority, then children, then parents, then siblings.

How Long Does Probate Take?

A straightforward estate typically takes 6 to 12 months. Complex estates take longer — 18 months to three years is common. For a full breakdown see our guide on how long probate takes with a will.

How Much Does Probate Cost?

• Court fee: £300 for estates above £5,000; no fee for smaller estates
• Sealed copies of the Grant: £1.50 per copy
• Disbursements: property valuations, official searches, Land Registry fees — typically £100 to £500
• Solicitor fees: vary by complexity; Curtis Legal offers fixed-fee probate wherever possible

Frequently Asked Questions

How do I start the probate process?

Call Simon Jenkins at Curtis Legal for a free initial discussion. Once the key facts are known — whether there is a will, what assets the estate holds, and whether inheritance tax is likely — a clear plan and a fixed-fee quote can usually be provided on the first call.