How probate works in the UK
Probate is the legal process of administering a deceased person’s estate. It involves identifying assets, settling liabilities, and distributing the estate in accordance with the will or, where no will exists, the rules of intestacy.
The process follows a defined structure. When broken into clear stages and handled in the correct order, it becomes manageable.
Guidance led by John Green
Stage 1: Establish whether probate is required
Not every estate requires a formal grant. Financial institutions apply their own thresholds. Where assets are held solely in the deceased’s name and exceed institutional limits, a grant will normally be required. Jointly owned assets may pass automatically to the surviving owner.
Establishing this at the outset prevents unnecessary applications or delay.
Stage 2: Identify and value the estate
Before an application is made, the executor must identify the estate’s assets and liabilities and obtain date of death valuations.
This typically includes bank accounts, property, investments, pensions payable to the estate, and personal possessions of significant value, as well as outstanding debts.
Accurate valuation matters because inheritance tax reporting is based on these figures.
Stage 3: Consider inheritance tax reporting and payment
Inheritance tax is assessed using the total value of the estate and any available allowances. Many estates fall within nil rate bands and do not require tax to be paid, but reporting obligations may still apply.
Where tax is payable, part of the liability may need to be settled before probate is granted.
Stage 4: Submit the probate application
Once valuations and any required tax reporting are completed, the executor applies for a grant. The application confirms the executor’s authority and the declared value of the estate.
Accuracy is important. Incorrect or incomplete information can result in returned applications and delays.
Stage 5: Collect and consolidate assets
After the grant is issued, the executor has authority to collect estate assets. This may involve closing accounts, transferring funds, selling property, and settling outstanding liabilities.
Clear records should be maintained throughout administration.
Stage 6: Distribute the estate
Once liabilities are settled and appropriate checks have been completed, the remaining estate can be distributed in accordance with the will or intestacy rules.
Executors should ensure liabilities are addressed and retain sufficient reserves where needed. Proper sequencing helps reduce risk and confusion.
Common causes of delay
Probate delays most often arise from incomplete valuations, incorrect tax reporting, missing documentation, or errors in the application.
A structured, stage based approach reduces these risks.
See what the guide includes