Losing someone close to you is hard enough without having to navigate an unfamiliar legal process at the same time. If you have been named as an executor in a Will, or you are the closest relative of someone who has died without one, you may not know where to start, or how long the probate process is likely to take.
Probate is the legal process that gives a person the authority to deal with the estate of someone who has died. In England and Wales, where there is a valid Will, the executor applies for a grant of probate. Where there is no Will, the person entitled to deal with the estate applies for a grant of letters of administration. Every estate is different, so the exact probate requirements and timeline will depend on the circumstances.
In this guide, our probate solicitors answer four of the questions we are asked most often: when probate is needed, why it is required, how long it takes, and what happens once probate has been granted. For a fuller walkthrough of the legal process, see our complete guide to the probate process.
When Is Probate Needed?
Probate is usually needed when the person who died held assets in their sole name. Common examples include:
- a house, flat or other property owned in their sole name, or a share of a property owned as tenants in common
- bank and building society accounts, savings and investments above the provider's own limit
- shares and other investments held in their sole name
Each bank, building society and investment provider sets its own threshold for releasing funds without a grant. Published limits vary widely, from as little as £5,000 with some providers to around £50,000 with many of the larger high street banks, and some institutions decide case by case. Limits can change at any time, so it is always worth checking directly with each institution.
Jointly held assets can be treated differently. Money in a joint bank account, and property owned as joint tenants, will usually pass automatically to the surviving co-owner without probate. However, where property is owned as tenants in common, the deceased's share does not pass automatically. It forms part of their estate and passes under their Will or the intestacy rules, which usually means a grant will be needed.
Some assets sit outside the estate altogether. For example, many life insurance policies written in trust and many pension death benefits are paid directly to the beneficiaries or nominated recipients, so a grant is not needed to release them.
If you are unsure whether the estate you are dealing with needs a grant, our wills, trusts and estates services can help you work out the right next step.
Why Is Probate Required?
A grant of probate, or letters of administration, is the legal document that confirms who has the authority to deal with the estate. Banks, building societies, investment providers and HM Land Registry will generally ask to see the grant before they release funds or allow a property to be sold or transferred.
This protects everyone involved. Beneficiaries can be confident the estate is being handled by the right person. Creditors know there is someone accountable for settling the deceased's debts. The estate itself is protected from assets being released to someone without the legal right to receive them.
Probate is also closely tied to inheritance tax (IHT). Before applying, the executor or administrator must value the estate. Where IHT is due, or in certain other cases, the estate must be reported to HMRC on form IHT400, and you cannot apply for probate until this has been done. You will also normally need to start paying any IHT before the grant is issued (GOV.UK: Applying for probate).
The standard rate of IHT is 40%, charged on the value of an estate above the available threshold. The basic threshold, known as the nil-rate band, is £325,000. It has not changed since 2009 and is currently set to remain frozen until April 2031. Where a home is left to children or grandchildren, the threshold can increase to £500,000 (GOV.UK: Inheritance Tax). Exemptions and reliefs, such as gifts to a spouse, civil partner or charity, may reduce or remove the tax due.
It is also worth being aware that, from 6 April 2027, most unused pension funds and certain pension death benefits are due to be included in the value of an estate for IHT purposes, following changes made by the Finance Act 2026. This may bring more estates within the scope of IHT and add to the work involved in administering them.
The process can feel formal, particularly at an emotional time. It is worth remembering that it exists to protect your loved one's wishes and your family's interests.
Probate Process Timeline: How Long Does It Take?
There is no single answer, but as a general guide, administering an estate from death through to final distribution typically takes around a year, with complex estates taking longer.
The process usually falls into three broad stages:
1. Preparing the application. This involves identifying the assets and debts, obtaining date-of-death valuations and dealing with any IHT reporting. This stage alone can take several weeks to a few months, largely depending on how quickly banks, pension providers and other organisations respond. Where an IHT400 is required, you will also need to wait for HMRC to process the return before you are able to apply for the grant. This typically takes HMRC around a month.
2. Waiting for the grant. Applications are processed by HM Courts & Tribunals Service (HMCTS). At the time of writing, GOV.UK states that you will usually receive the grant within 12 weeks of submitting your application, although it can take longer if further information is needed (GOV.UK: After you've applied). Processing times do vary however depending on the type of application and are also subject to change, so check GOV.UK for the latest estimate.
3. Administering the estate. This means collecting in the assets, paying debts and tax, and distributing what remains, which we explain in the next section.
Common factors that can extend the timeline include:
- a property that needs to be sold, particularly where there is a chain
- complex assets, such as business interests, overseas property or investment portfolios
- a disputed Will or a claim against the estate
- multiple beneficiaries, especially where some are hard to trace or disagree
- outstanding IHT matters, including HMRC questions about valuations
- other tax matters such as income or capital gains tax
- a claim from the Department of Work & Pensions
Many delays can be avoided with good preparation. Our article on common probate mistakes to avoid explains some of the pitfalls we see most often.
What Happens After Probate Is Granted?
Once the grant has been issued, the executor or administrator can begin the practical work of administering the estate. The typical next steps are:
- Collecting in the assets: sending copies of the grant to banks and other organisations, closing accounts, and selling or transferring property and investments.
- Settling debts and tax: paying funeral expenses, outstanding bills, administration costs and any remaining IHT, together with any income tax or capital gains tax due for the period of administration. IHT is due by the end of the sixth month after the death, and HMRC charges interest on late payment (GOV.UK: Pay your Inheritance Tax bill).
- Preparing estate accounts: recording everything that has come into and gone out of the estate, so beneficiaries can see how their entitlement has been calculated.
- Distributing the estate: only once debts and tax have been settled can the remaining estate be passed to the beneficiaries.
Executors are often advised not to rush final distribution. The law does not require a personal representative to distribute the estate before one year from the date of death, a period commonly known as the "executor's year" (section 44 of the Administration of Estates Act 1925). In addition, certain family members and dependants can bring a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, normally within six months of the grant. Executors can also place notices for unknown creditors under section 27 of the Trustee Act 1925. Distributing too early can leave an executor personally liable if a valid claim later comes to light.
If you have recently been appointed and are unsure what is expected of you, our article Are you an Executor? explains the role in more detail. A probate solicitor can guide you through each step and reduce the risk of personal liability.
Probate Requirements: When You Might Need a Solicitor
Some estates are straightforward, but professional advice is particularly valuable where the estate involves:
- property, particularly more than one property or property overseas
- significant or complex assets, such as investment portfolios
- business interests or agricultural property
- an inheritance tax liability, or reliefs and exemptions that need to be claimed
- a disputed Will or a potential claim, where our contentious probate solicitors can advise
- complicated family circumstances, such as second marriages, estranged relatives or beneficiaries living abroad
- trusts created by the Will, where our team can also help with the administration of trusts
At Henriques Griffiths, we know that probate is never just a legal process. Our probate solicitors in Bristol and Winterbourne take the time to understand your circumstances and offer clear, compassionate guidance, so you can focus on your family while we handle the detail. You can find out more about our probate fees before you get in touch.
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Frequently Asked Questions
How long does probate take in the UK?
In England and Wales, GOV.UK currently states that a grant is usually issued within 12 weeks of the application being submitted, although preparing the application and administering the estate afterwards take additional time. Overall, estate administration commonly takes several months to around a year. See the timeline section above and check GOV.UK for current processing times. Scotland and Northern Ireland have separate systems.
Do I always need probate?
No. Probate may not be needed if the estate is small, if assets were held jointly as joint tenants, or if the sums held by each bank fall below its own threshold. See "When Is Probate Needed?" above.
What is the difference between an executor and an administrator?
An executor is the person named in a Will to deal with the estate. An administrator deals with the estate where there is no Will, or where no executor is able or willing to act, and is usually the closest relative entitled under the order of priority set out in the Non-Contentious Probate Rules 1987.
Can I apply for probate myself?
Yes. You can apply online or by post through GOV.UK without a solicitor. Many people do so for simple estates especially where it is a surviving spouse or civil partner who is the executor and inherits everything outright. Where the estate includes property, trusts, inheritance tax, business interests or a potential dispute, professional advice can help you avoid costly mistakes and reduce the risk of personal liability, and is therefore recommended
Conclusion
Probate is not always required, but when it is, understanding the requirements and the probate process timeline can help you feel more in control during a difficult time. Knowing when a grant is needed, why it matters and what follows can make each step feel more manageable.
Whatever stage you are at, support is available every step of the way.
If you're facing probate responsibilities or have questions about the process, don't hesitate to contact experienced probate solicitors in Bristol. The team at Henriques Griffiths provides compassionate, professional guidance tailored to your needs, ensuring your loved one's wishes are honoured while protecting your family's interests throughout this necessary legal process.
Make an enquiry or call your nearest office in Bristol or Winterbourne
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