February 25, 2026
reading time: 4 min
The Complete Guide to Probate in the UK: Process, Costs and Common Questions
February 25, 2026
reading time: 4 min
The Complete Guide to Probate in the UK: Process, Costs and Common Questions
The subject of Probate and what to do when a loved one passes away is one that many families do not consider until the time comes and they are faced with it themselves. In this article, we provide answers to some very common questions that people have when it comes to dealing with the estate of a family member or friend. Westminster Law assists families by offering tailored guidance and a convenient service to reduce the stress of the process at this difficult time.
What is Probate?
Probate refers to the legal process of administering the estate of a deceased person. The process involves the proving of the will (if there is one) or otherwise obtaining a Grant from the Probate Registry to allow the representatives of the estate to identify the assets of the estate, pay expenses, debts and taxes, before finally distributing the balance of the estate to the beneficiaries.
Do I need Probate if my spouse passes way?
Whether or not Probate is required depends on the composition of the estate and how the assets are owned. A jointly owned family home typically passes by ‘survivorship’ to the surviving owner rather than requiring Probate. The same principle applies to jointly owned bank accounts. A house owned as ‘tenants in common’, on the other hand, would require Probate after the death of the first joint owner. In cases where bank accounts are owned solely by the deceased, even where the spouse is the sole beneficiary under a valid Will, a Grant of Probate may still be required in order to release the funds from the account. Each bank and building society sets its own threshold, above which a Grant of Probate or Letters of Administration are required. This threshold is typically between £5,000 and £50,000.
Do I need Probate if there is a Will?
The presence of a Will does not automatically remove the need for Probate. In reality, it is the composition of the estate that dictates whether Probate is required. The Will appoints executors and trustees to deal with the estate, and beneficiaries who are to benefit from it. However, a Will does not necessarily give absolute legal authority to the executor to deal with the deceased’s assets. In many cases a Grant of Probate, as issued by the Probate Registry, is required. Jointly owned assets pass to the surviving owner without the need for a Grant of Probate, assets owned as ‘tenants in common’ typically require a Grant of Probate to allow the executor to administer them.
Do I need Probate if there is no inheritance tax to pay?
In some cases, yes. The need for Probate is not necessarily determined by whether inheritance tax (IHT) is payable, but by the nature of the assets in the estate. IHT and Probate are two very separate concepts. IHT relates to the taxation of the deceased’s estate, while Probate refers to the legal process that confirms the authority of the executor or administrator in dealing with the deceased’s assets.
Do I need a Grant of Probate or Letters of Administration?
A Grant of Probate is the relevant document when dealing with an estate of a deceased person who left a valid Will. The Grant is issued to the executors named in the valid Will who apply for it. When the deceased did not leave a valid Will, the representatives of the estate must apply for Letters of Administration. Both documents give the necessary legal authority to administer the estate. The key difference lies in the basis on which they are issued.
How long does Probate take?
The length of time that the Probate Registry takes to issue a Grant of Probate or Letters of Administration varies broadly. Influencing factors include the size and complexity of the estate, whether there is inheritance tax to pay, and whether the Will was clearly and validly drafted and executed. Queries from the Probate Registry or HMRC typically add considerable time to the process. In a simple case, a Grant of Probate or Letters of Administration can be granted in approximately 8-16 weeks. In more complex cases, the process of obtaining the Grant can take approximately 6-12 months. Perhaps the greatest determining factor in the timescale required to obtain the Grant is whether or not there are any queries raised by the Probate Registry or HMRC. Queries are far more common when the relevant applications have been filled in incorrectly. Using a professional service to assist in obtaining the Grant can significantly reduce or avoid unnecessary delays.
How much does Probate cost?
The cost of Probate is dependent on the size and complexity of the estate and the degree of professional assistance that the representatives of the estate choose to invoke. When a Grant is required, all estates with a value of more than £5,000 require the payment of a fee to the Probate Registry of £300. In addition, the Probate Registry charge £16 per copy of the Grant that the representatives request. In terms of professional assistance, professional probate services typically include either a ‘Full Administration’ service or a ’Grant Only’ service. A Full Administration service, although more comprehensive, is usually significantly more costly than a Grant Only service, which would assist the client in obtaining the Grant but not in administering the estate.
Whose responsibility is it to get Probate?
It is the responsibility of the personal representatives to obtain Probate. When there is a valid Will in place, this is the executor or executors named in the Will. Where no valid Will exists, the duty falls to the administrators of the estate. In England and Wales, in cases of intestacy, the first priority to apply for Letters of Administration is usually given to the spouse or civil partner. If there is no spouse or civil partner, the right passes to the children, and then to other close relatives in the prescribed order (see our guide on intestacy rules here: https://www.westminster-law.co.uk/wp-content/uploads/2025/06/intestacy-rules-flow-chart.pdf).
What happens if I don’t apply for Probate?
If a Grant of Probate is required but no application is made, then the institution that requires the Grant (such as the bank or building society holding the deceased’s funds) will not release the relevant asset. This could mean that the personal representatives of the estate find that they are unable to sell the deceased’s property or access funds from the deceased’s bank or building society accounts. In addition, delays can lead to practical and financial consequences, such as ongoing property costs, interest on debts, or tax complications where reporting to HMRC is required.
How can Westminster Law help?
Obtaining a Grant of Probate or Letters of Administration can feel like a complicated process, at a time when you may already be dealing with many other stresses and concerns.
At Westminster Law, our Probate team can help you, visit our dedicated probate services page.
Contact Westminster Law today for professional advice.
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