What Is Probate in the UK? A Complete Guide to Applying, Valuing, and Distributing an Estate

What Is Probate?

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A grant of probate is an official legal document issued by the Probate Registry. It authorises the executor named in a will to manage and distribute the estate of the deceased person.

If there is no will, the process is slightly different you apply for letters of administration instead.

In simpler terms, probate ensures that:

1. The right person is handling the estate.
2. Debts, taxes, and expenses are settled correctly.
3. The remaining assets are distributed to the rightful beneficiaries.

Do You Need Probate?

You do not always need probate. It depends on the value and type of assets left by the deceased.

You may need a grant of probate if:

- The estate includes property or land in the deceased’s name.
- A bank, building society, or investment company requires one.
- The estate’s value exceeds around £5,000 (some institutions may set higher limits).

You may not need probate if:

- The estate is small (usually under £5,000).
- All assets were jointly owned (e.g., by a spouse or partner).
- There are no significant investments or savings.

You can confirm whether probate is necessary by contacting the relevant financial institutions holding the deceased’s assets.

How to Apply for Probate

Applying for probate in the UK can be done online or by post.

1. Applying Online

The simplest method is via the official GOV.UK probate service. You’ll need:

1. The original will and any codicils.
2. An official copy of the death certificate.
3. Details of the deceased’s assets, debts, and beneficiaries.

The application fee is £300, plus £1.50 per additional copy of the grant.

2. Applying by Post

If you prefer to apply by post:

1. Use form PA1P (if there’s a will) or PA1A (if there’s no will).
2. Include the will, codicils, death certificate, and the correct Inheritance Tax (IHT) form if applicable.
3. Send everything to your local Probate Registry.

You can request the forms or guidance from the Probate and Inheritance Tax Helpline at 0300 123 1072.

Valuing the Estate

Valuing the estate accurately is a crucial step before applying for probate or paying tax.

Include in the valuation:

- Property or land owned by the deceased.
- Savings and investments (bank accounts, ISAs, shares).
- Possessions such as cars, jewellery, or antiques.
- Outstanding debts (mortgages, credit cards, loans, bills).

For valuable items — especially those worth over £500 — HMRC recommends getting a professional valuation to avoid penalties or disputes later.

Example: Estate Valuation and Tax Considerations

Paying Inheritance Tax (IHT)

Not all estates are subject to Inheritance Tax. You typically don’t pay IHT if the estate:

Is worth less than £325,000, or
Is left entirely to a spouse, civil partner, or charity.

If the deceased’s home is left to children or grandchildren, the threshold increases to £500,000.

If one partner dies without using their full allowance, the unused portion can be transferred, giving the surviving partner up to £1 million before IHT applies.

You’ll need to:

1. Value the estate.

2. Report it to HMRC using the correct form (IHT400 or IHT205).

3. Pay IHT (usually within 6 months of death).

You can download IHT forms or report online via GOV.UK’s inheritance tax service.

Distributing the Estate

Once probate is granted, executors can begin distributing the estate according to the will (or intestacy rules if there’s no will).

Key steps include:

1. Pay all debts and taxes first.
2. Prepare estate accounts showing money in, money out, and final balances.
3. Distribute inheritances to beneficiaries.
4. Wait at least 10 months after probate to protect against potential claims.

Beneficiaries who are bankrupt may not receive their inheritance, so check the Individual Insolvency Register before making payments.

Always keep detailed records of every transaction and communication.

FAQ: Understanding Probate in the UK

Do I always need probate to deal with an estate?

No. Small estates (usually under £5,000) or assets held jointly may not require probate.

How long does probate take in the UK?

It typically takes 6 to 12 months, depending on the estate’s complexity and whether there are inheritance tax issues.

How much does probate cost?

The standard application fee is £300, plus £1.50 per extra copy of the grant.

Can I apply for probate without a solicitor?

Yes. You can apply online or by post through GOV.UK. However, professional help may be useful for complex estates.

What happens if there is no will?

If there is no will, you apply for letters of administration instead of a grant of probate. The estate is then distributed according to intestacy rules.

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