When a person dies leaving a valid will, a grant or representation may be needed to be able to legally manage the deceased’s estate. An estate is a person’s money, possessions, and property. Where there is a valid will, this grant is known as a grant of probate. If there is no will the grant is known as a grant of letters of administration
When probate is granted, it gives permission to settle someone’s estate as per the instructions in their will. The named executors (or personal representatives) deal with the assets and fulfil the deceased's wishes. The process involves organising their assets, paying taxes and debts, and distributing inheritance
If a valid will has not been left, instead of obtaining a grant of probate, an application will be made for letters of administration which allows a personal representative to distribute the estate in line with the rules of intestacy.
In this guide, we examine probate, its process, and when it is required. We also consider its implications for the deceased person’s estate and assets.
Is Probate Different Across the UK?
Yes, probate will differ across the UK. The process is the same for England and Wales, with differences seen in Northern Ireland and Scotland.
The main differences are the financial thresholds, however there may also be variations in the process. The rules of intestacy and grant of probate are just two examples where these differences are evident.
What are the Rules of Intestacy?
When someone dies without a valid will, their estate is shared according to the rules of intestacy. These rules also apply if a will is not legally valid.
In England and Wales, the order of priority on intestacy is set out in Section 46 of the Administration of Estates Act 1925.
In Scotland, the rules of intestacy are led by the Succession (Scotland) Act 1964. The key difference here is that in Scotland, the spouse or children do not automatically inherit the entirety of the estate.
What is a Grant of Probate?
This is a document confirming the executor(s) named in a will has the authority to deal with the deceased's assets. An executor is the person or people responsible for carrying out the wishes within the will. In England and Wales, a grant of probate will need to be applied for by the executor or their legal representative.
If the person did not leave a will, a grant of letters of administration will apply. This works in the same way as a grant of probate, giving the named person legal authority to deal with the estate of someone who has passed.
In Scotland, this process is known as Confirmation. This involves applying to the court to confirm the executor's authority to administer the deceased’s estate.
Learn more: When Is Probate Required?
Compare Expert Probate Solicitors
Take the stress out of probate
Support when you need it most
Benefits of Hiring a Probate Solicitor
It is not a legal requirement to hire a solicitor, but it is recommended. Although DIY Probate is possible, a solicitor can give you professional legal advice. They will be well-versed in the process and can guide you through the paperwork and legal steps.
The entire process is time-consuming and can take 6 to 12 months. Depending on circumstances and complications, it can take even longer. Having a professional handle the legalities ensures that it is completed correctly. There is a risk of costly mistakes if you decide to complete probate without a legal expert.
You will need to factor in the legal fees to the cost of the probate process. Read more on how long does probate take in 2025.
How Does the Probate Process Work?
Below we have provided an overview of the key steps in the probate process.
Stage One: Post-death administration
The death must be registered with the UK authorities. Next, the funeral can be planned according to instructions left by the deceased. This will be completed by the executor or the will or personal administrator.
Assets will need to be identified and secured at this point. These include property, possessions and financial investments. Any liabilities, such as debts, will also need to be considered.
At this stage, those who are entitled to inherit from the estate will be verified and the will is read. If there is no will, the rules of intestacy will determine who inherits the deceased’s estate.
Stage Two: Valuing the estate
The estate of the deceased will need to be valued for several reasons. It is needed to make the probate application and to determine how much tax must be paid. This includes Inheritance Tax and Capital Gains Tax. It also is required to ensure debts are paid.
When it comes to getting a probate property valued, a RICS-registered surveyor will be required. They will have the knowledge and experience to provide an unbiased and accurate valuation.
Stage Three: Complete a IHT return
The next step is to calculate the Inheritance Tax due on the estate. You cannot apply for a grant of probate until this is completed. For property, Inheritance Tax can be worked out once a valuation is complete.
Every estate will have a tax-free allowance, meaning Inheritance Tax isn’t liable under a certain threshold. The threshold set by HMRC is currently £325,000. An additional £175,000 tax-free allowance is granted if a home is passed down to children or grandchildren.
Stage Four: Apply for a grant of representation
An application for a grant of representation will need to be made through the Probate Registry. A grant of representation is a collective term for two types of legal documents - a grant of probate or grants of letters of administration. The latter is used when there isn't a valid will. This document confirms who has the legal authority to administer the estate.
Stage Five: Distributing assets and final estate accounts
Providing there are no challenges preventing the distribution, assets will be transferred to beneficiaries. This will be done either according to the will or the rules of intestacy.
Once the estate has been distributed, the personal representative or executor must prepare the final estate accounts. This includes any documents showing how assets are distributed including money, property and personal belongings.
According to the government website, the necessary documentation often includes:
- Letters from HMRC confirming that you paid Inheritance Tax
- Receipts showing debts paid (such as utility bills and confirmation of paid council tax)
- Receipts for expenses from dealing with the estate (such as funeral expenses)
- Written confirmation that ‘beneficiaries’ received their share of the estate
All beneficiaries will be sent copies of the final accounts and any other relevant documentation.
Compare Expert Probate Solicitors
Take the stress out of probate
Support when you need it most
What if Probate is Contested?
In some instances, probate or the contents of a will may be contested. A dispute during the probate process is called contentious probate.
Such a dispute can include a challenge to the probate application. For example in respect of the content or instruction within the will or who can apply for probate. Any challenge must be made before probate is granted.
Challenges to probate can only be submitted by the following:
A beneficiary of the will
Someone who was financially dependent on the deceased (for example, a child)
A family member
Someone who believes they were promised something not granted in the will
Read more on Contesting a Will
Selling an Inherited Property
If you are selling an inherited property, you will require the expertise of a conveyancer. They can provide expert advice and handle the legal aspects of the sale. Be aware that a property cannot be sold until the grant of probate is received.
Compare My Move can connect you with up to 6 local conveyancers to save you up to 70% on your conveyancing costs. All of our conveyancing partners are regulated by either the SRA, CLC, LSS, LSNI or CILEx.
House Clearance
If the deceased left a property full of belongings, you may want to consider hiring a clearance company. Compare My Move can connect you with up to 6 verified companies that can assist with a house clearance.
Simply fill out our house clearance comparison form and you can compare quotes and save up to 70% on your house clearance costs. All our house clearance partners are covered by Public Liability insurance and hold a valid Waste Carrier Licence.
Finding a Probate Solicitor
A solicitor will ensure the correct documentation is submitted to minimise any delays in receiving your grant of probate. They will offer expert advice while acting in your best interests.
Compare My Move connects users with solicitors who can assist with grant of probate applications. Simply fill in our probate comparison form to receive up to 6 quotes and save on your solicitor fees.
Before joining our network, all companies must pass our verification process. For solicitors, this includes being regulated by one of the following:
Solicitors Regulation Authority (SRA)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Council for Licensed Conveyancers (CLC)
Institute of Chartered Accountants (ICAEW)
