What Is Probate?

A grant of probate does two things: it confirms that a will is valid and that the named executor has the legal authority to act on it. Before the grant is issued, an executor technically already has authority under the will itself, but in practice most banks, building societies, investment platforms and the Land Registry will not release significant assets without seeing the grant, because it is the court's confirmation that the will and the executor are genuine.

This is why probate matters even when there is no dispute over the will at all. It is largely an administrative safeguard for institutions holding the deceased's money and property, giving them confidence that they are releasing funds to the right person.

Whether probate is required depends on what the deceased owned and how it was held. Assets held in joint names, such as a joint bank account or a property owned as joint tenants, usually pass automatically to the surviving joint owner by survivorship, without needing a grant. Life insurance policies and pensions written in trust for a named beneficiary often pay out directly too.

Probate is typically needed where there is a property in the deceased's sole name, or where individual banks or investment providers hold balances above their own internal threshold, commonly a few thousand pounds to £50,000 depending on the institution. Each organisation sets its own limit, so it is worth checking directly with each bank or provider named in the estate rather than assuming.

Only the executor or executors named in a valid will can apply for a grant of probate. If more than one executor is named, they can apply together, or one can apply with the others' agreement to act later if needed. If there is no valid will, the person entitled to apply is determined by the intestacy rules, and the document they receive is called letters of administration rather than a grant of probate.

If the named executor has died, does not want to act, or cannot be found, our guides on what happens if an executor dies and executor refuses to act cover what happens next in more detail.

Broadly, the process runs: valuing the estate for inheritance tax purposes, reporting that value to HMRC using the appropriate form, applying to the Probate Registry for the grant, then using the grant to collect in assets, settle debts and tax, and distribute the estate. GOV.UK provides the current application forms and fees and is the authoritative source for exact figures, since court fees and reporting thresholds are reviewed periodically.

The inheritance tax step usually has to happen before the grant is issued, since HMRC needs to confirm the position, particularly for estates that owe tax. Our guide on reporting inheritance tax after death covers this stage on its own.

It helps to separate two things that get used interchangeably: probate itself is the specific legal step of obtaining the grant, while estate administration is the whole job an executor does, from registering the death and notifying organisations, through valuing assets and paying debts, to final distribution and preparing estate accounts. Probate is usually the middle stage of a longer process, not the end point.

Understanding this distinction helps set expectations. Getting the grant does not mean the job is finished, there is usually significant work both before and after it is issued.