Probate is the legal process of dealing with someone’s money, property and possessions after they die. In England and Wales in 2026, it usually means proving the will, obtaining a grant of probate, valuing the estate, settling any inheritance tax and debts, and then distributing what is left to the beneficiaries. This complete UK probate guide walks through every stage and points you to detailed guides on each part.
| Stage | Typical time in 2026 |
|---|---|
| Gathering information and valuing the estate | 1 to 3 months |
| Inheritance tax and the probate application | 3 to 6 months |
| Collecting in and distributing the estate | 2 to 6 months |
| Whole estate, start to finish | Commonly 9 to 12 months |
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
What is probate?
When someone dies, their assets are usually frozen until the person dealing with the estate can prove they have legal authority to act. That authority comes from a grant of probate (where there is a will) or a grant of letters of administration (where there is not). The person named in the will is the executor; where there is no will, an administrator is appointed under the intestacy rules. Together they are known as the personal representatives.
Not every estate needs a grant. Small estates, and assets held jointly that pass by survivorship, can sometimes be dealt with without one. Where a grant is needed, it is the key that unlocks bank accounts, allows property to be sold and lets the estate be distributed.
Step one: the probate process and applying for the grant
The heart of the journey is the probate process itself: identifying the assets and debts, completing the probate application (online or on paper), and waiting for the grant to be issued. Most complete applications reach a grant within about 16 weeks. Applying accurately the first time is the single best way to avoid the delays that catch families out.
Step two: valuing the estate and inheritance tax
Before applying, the personal representatives must value everything the person owned and owed at the date of death. That valuation decides whether any inheritance tax is due. For 2026/27 the nil-rate band is £325,000, with a further £175,000 residence nil-rate band where a home passes to direct descendants, so a couple can pass on up to £1 million tax free. Taxable estates complete form IHT400, and the tax is usually settled before the grant is issued.
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Step three: estate administration
With the grant in hand, the practical work of estate administration begins. This includes notifying banks, pension providers and government departments, closing accounts, selling or transferring property, and settling debts. It is methodical work with a lot of correspondence, and it is where most of the day-to-day effort of probate actually sits.
Executor duties and personal liability
Acting as a personal representative is a position of real responsibility. The executor duties include valuing the estate honestly, paying the right tax, settling debts before distributing, keeping proper accounts and acting in the beneficiaries’ best interests. Get it wrong, for example by distributing too early or missing a creditor, and a personal representative can be held personally liable. This is why many executors take advice, particularly for larger or more complex estates.
When there is no will: intestacy
If someone dies without a valid will, the intestacy rules decide who inherits, in a strict order set by law. Spouses and civil partners come first, then children and other relatives. Unmarried partners and stepchildren are not automatically included, which frequently surprises families. Where there is no will, letters of administration take the place of a grant of probate.
How long does probate take, and what does it cost?
Most estates are wound up within 9 to 12 months, though simple ones can be quicker and complex or contested ones much slower. The probate registry fee is £300 for estates over £5,000. Professional fees vary: some firms charge a percentage of the estate, while others, including Curtis Legal, offer clear fixed-fee options so you know the cost up front.
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You can handle probate yourself, and for a straightforward estate many people do. It is worth getting help where the estate is large, includes a business, property or foreign assets, owes inheritance tax, involves a dispute, or where you simply do not have the time at a difficult moment. A solicitor cannot jump the registry queue, but getting everything right first time avoids the costly mistakes and delays that cause the most stress.
Speak to a probate specialist
Curtis Legal is a specialist probate, medical negligence and personal injury firm based in Torfaen, acting for families across South Wales and beyond. Whether you want to hand over the whole estate or simply check you are on the right track, call 0800 214 216 for a same-day callback.
About the author
Written by Simon Jenkins, Director and Solicitor at Curtis Legal. SRA 167489. Firm SRA 450129. Simon leads the Curtis Legal private client team and has guided families across South Wales through probate for more than two decades. He writes these guides to make the process clearer for people facing it for the first time.
This article is general information about the law in England and Wales and is not a substitute for tailored legal advice. Sources: GOV.UK, wills, probate and inheritance and GOV.UK, applying for probate.
