What is Probate?

Understanding Probate in Plain English

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what-is-probate

Probate explained with clarity

What is probate?

Probate is the legal process of dealing with a persons estate after they have passed away. An estate includes everything they owned, such as their home, savings, investments, personal possessions like jewellery and vehicles, and any debts or outstanding bills.

When someone dies, their assets are temporarily placed on hold. Probate gives the chosen representative the legal authority to access those assets, settle any debts or taxes, and then distribute what remains to the individuals or organisations who are meant to inherit.

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When is probate needed?

Not every estate will require probate. It depends on how the assets were owned, their value, and the individual rules set by banks and other institutions. For many families this can feel confusing, so we aim to make it as clear and calm as possible.

You may not need probate if:

  • All assets were jointly owned and now pass directly to a surviving spouse or partner

  • The estate is very small, often under five thousand pounds, although each bank sets its own limit

  • There are no solely owned assets that require a legal transfer

  • Pensions or life insurance policies pay directly to named beneficiaries

  • The estate contains only small personal belongings of low value

You will usually need probate if:

  • The person owned property in their sole name

  • There are substantial savings or investments held only in their name

  • Banks or financial institutions ask for a grant of probate before releasing funds

  • The estate includes shares, premium bonds or financial products that cannot be transferred without formal authority

  • Valuable possessions such as jewellery, antiques, vehicles or artwork need to be transferred legally

  • There is no surviving joint owner to inherit the assets automatically

Important things to keep in mind

  • Every bank, building society and financial institution has its own requirements. Some may release funds under five thousand pounds while others may allow up to fifty thousand without probate. Checking first can save unnecessary delays.

  • Joint accounts and some jointly owned assets do not freeze when someone passes away. They usually pass directly to the surviving owner, which often comes as a relief to families.

  • Having a will does not remove the need for probate. The will guides the distribution of the estate, but formal authority is still needed in many cases before anything can be accessed.

  • If there is no will, probate may still be required. In these situations, the executor becomes an administrator, and the legal process continues in much the same way.

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The role of the executor

The person responsible for managing the estate is called the executor if there is a will, or the administrator if there is not. It is a role that carries legal authority, but also emotional weight, and many people find the responsibility overwhelming without support.

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Their role includes:

01

Locating the will, confirming who is legally entitled to act, and notifying the relevant organisations.

02

Valuing the estate by identifying every asset and liability, including property, savings, investments, personal items and any outstanding debts.

03

Preparing and submitting any inheritance tax forms, paying tax that is due, and settling debts and ongoing expenses.

04

Applying for the grant of probate, or for letters of administration if no will exists.

05

Collecting funds, closing accounts, managing property, dealing with insurers, and arranging the sale or transfer of assets where required.

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Preparing full estate accounts that show all income, expenditure and distributions.

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Distributing the estate to the beneficiaries named in the will, or under the intestacy rules when there is no will.

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Ensuring all safeguarding measures are in place for any property, including insurance compliance, security and condition checks.

09

Communicating with beneficiaries, solicitors, HMRC and organisations involved, while keeping clear records of every decision made.

It is an important role with serious legal responsibilities, and many executors understandably feel uncertain or overwhelmed. Our purpose is to lighten that burden, guide you through each step, and ensure everything is completed carefully, accurately and with full respect for the person who has passed away.

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Explaining the legal authority that allows you to carry out your responsibilities

What is a grant of probate

A grant of probate is an official document issued by the Probate Registry that confirms the executor has the legal authority to deal with the estate. Most organisations will ask for this document before property can be sold, bank accounts closed or investments transferred. When there is no will, the process is known as applying for letters of administration, and the person who applies, usually the closest relative, takes on the same responsibilities as an executor. The application involves detailed forms which must be submitted to both HM Revenue and Customs and the Probate Registry, along with the death certificate and the will.

Before probate can be granted, the estate must be valued with care and accuracy. This includes listing everything the person owned, from property and savings to shares and personal belongings, as well as confirming any debts or outstanding bills. HMRC may ask for supporting evidence for items of value, such as jewellery, vehicles or artwork. If figures are incorrect or unclear, it can delay the process or affect the amount of tax that may be due. Accurate valuation ensures the estate is dealt with properly and gives executors the confidence that nothing important has been overlooked.

Probate often arrives at a time of deep sadness, when families are already carrying a great deal. Our role is to guide you gently through each stage, explain what needs to happen and make sure the process feels manageable rather than overwhelming. With steady support and complete respect for the person who has passed away, we help you move forward at a pace that feels right, giving you the reassurance that every part of the estate is being handled with care and dignity.

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Inheritance tax

Inheritance Tax may be payable if an estate exceeds the current tax free allowances. As of the 2025/2026 tax year, the main figures are three hundred and twenty five thousand pounds for the nil rate band, and an additional one hundred and seventy five thousand pounds if a main home is left to children or grandchildren. Married couples or civil partners can often combine unused allowances, which may allow up to one million pounds to be passed on tax free when the home goes to direct descendants.

It is important to remember these allowances can change as government budgets and tax policies are updated. Larger estates may lose part of the additional residence allowance if their value exceeds two million pounds. If the estate remains above the available allowances, Inheritance Tax is normally charged at forty percent on the taxable portion. In some situations the tax may be reduced, for example if assets are left to a spouse or civil partner, if charitable gifts are made, or if earlier lifetime gifts fall outside the estate due to the time they were given.

At We Help With Probate, we understand how confusing these rules can feel during a time of loss. We help executors create a full and accurate valuation of the estate, listing property, savings, investments, personal items and any liabilities. We guide you through the allowances that may apply, explain the tax position clearly, and ensure the required forms and payments are managed correctly to avoid delays. Our goal is to give you clarity, confidence and steady support so the estate is handled with care, respect and complete peace of mind.

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How long probate takes

The time needed to complete probate varies depending on the size and complexity of the estate. Straightforward estates can often take as little as eight weeks to four months, while more complicated situations, such as large estates, property sales or inheritance tax assessments, may extend the process to comfortably over a year.

Common reasons for delay include

  • Waiting for professional valuations of property, jewellery, vehicles or investments

  • HMRC queries or inheritance tax calculations that require additional evidence

  • Selling property or dealing with assets that cannot be released immediately

  • Disagreements between beneficiaries or unclear instructions in the will

  • Locating documents, assets or accounts that were not clearly recorded

  • Delays from banks, institutions or third parties responding slowly

Good organisation and clear information can make a meaningful difference. When all parties communicate well and documentation is prepared correctly, the process stays more steady and avoids unnecessary setbacks.

At We Help With Probate, we support executors through every stage to keep things moving smoothly. By gathering the right information early, arranging valuations promptly and staying in regular contact with all involved organisations, we help reduce delays wherever possible. Our aim is to guide you through the process with calm, steady support so you feel confident the estate is being handled with care and respect.

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The final stage:
Distributing the estate

Once all debts, taxes and expenses have been settled, the executor can prepare a final set of estate accounts. These accounts show every asset, every payment made and how the remaining estate will be divided. Beneficiaries then receive their inheritance as set out in the will, or according to intestacy law when no will exists.

Executors should always obtain signed receipts from beneficiaries and keep detailed, organised records. This protects everyone involved and provides clear evidence should any questions arise in the future. In some cases, assets may need to be transferred rather than sold, or beneficiaries may live abroad, which can require additional documentation. A careful, patient approach at this stage helps ensure the estate is closed smoothly, respectfully and without misunderstandings.

Understanding the human side of probate

Although probate is a legal process, it is also a deeply emotional one. Executors are often grieving themselves, while managing complex paperwork, deadlines and expectations from family members. The role can feel heavy, especially when decisions have to be made at a time when emotions are already close to the surface.

It is not unusual for families to disagree, to feel overwhelmed by responsibility or to worry about making a mistake. These feelings are completely normal. Kind communication, patience and steady support can make a significant difference. Knowing that you do not have to face the process alone often brings comfort and clarity when it is needed the most.

At We Help With Probate, we recognise the emotional weight behind the practical tasks. Our role is to walk beside the executor with empathy, understanding and guidance, helping ease the pressure so the process becomes more manageable at every step.

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How do I apply for probate?

You can apply for a grant of probate either online or by post. While the forms can appear simple at first glance, accuracy is essential. Even small errors can delay the process or result in the application being rejected, so taking the time to check every detail is always worthwhile.

Applying by post

  • If the person who has died left a will, you must complete form PA1P.

  • If there is no will, you will need form PA1A.

These forms, along with any inheritance tax forms, can be requested by calling the Probate and Inheritance Tax Helpline on 0300 123 1072.

Once completed, the forms should be sent to your local Probate Registry together with:

  • The original will and any codicils

  • An official copy of the death certificate

There is an application fee of three hundred pounds, with an additional one pound fifty charged for each extra copy of the grant. Most banks and financial institutions will require their own official copy before releasing funds.

Applying online

You can also apply online through the official GOV.UK website. The online service guides you through each section step by step, allows you to pay the fee electronically, and makes it easier to request extra copies of the grant. After submitting the online application, you will still need to send the original will and the death certificate to the Probate Registry.

Helping you through the process

For many people, completing these forms can feel daunting, especially during a time of grief. At We Help With Probate, we guide executors through each step, help gather the correct documents and ensure the information submitted is accurate and complete. Our aim is to make the entire process calmer, clearer and far more manageable, giving you the confidence that everything is being handled properly and with care.

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Paying inheritance tax

Inheritance Tax may be due depending on the total value of the estate. The current tax free threshold is three hundred and twenty five thousand pounds, although this can change with government budgets. There is usually no tax to pay if the estate passes to a surviving spouse or civil partner, or if it is left to a registered charity.

If a home is passed to children or grandchildren, an additional allowance called the residence nil rate band may increase the tax free amount to as much as five hundred thousand pounds for an individual. Any value above the available allowances is normally taxed at forty percent.

A combined allowance may apply when:

  • One partner dies without using their full tax allowance

  • The unused amount is transferred to the surviving partner

  • Allowances together may total up to one million pounds

If Inheritance Tax is likely to apply, accurate professional valuations are essential for property, shares and high value possessions. These valuations form part of the submission to HMRC and must be correct to avoid delays, penalties or additional queries.

You can complete Inheritance Tax forms online through GOV.UK or request them by calling the Probate and Inheritance Tax Helpline. The forms can feel daunting during a time of loss, but with the right support and clear guidance, the process becomes far more manageable and less overwhelming.

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Contact us

Our helpful team is here to help, support and offer assistance

hello@wehelpwithprobate.com0203 928 5800
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