What is probate?

If someone close to you has died, we are sorry for your loss. Dealing with their affairs can feel like a lot, especially while you are grieving. This guide explains what probate is, in plain English, so you can take things one step at a time.

What does probate mean?

Probate is the legal right to deal with someone's property, money and possessions after they die. Together, these are called their "estate".

In England and Wales, this right is given by the Probate Service, part of HM Courts and Tribunals Service. The document it issues is called a grant of representation. People often just call it "probate".

Types of grant

The name of the grant depends on whether there is a Will:

• Grant of probate. Issued to the executors named in a Will.
• Letters of administration. Issued to an administrator, usually a close relative, when there is no Will.
• Letters of administration with Will annexed. Issued when there is a Will but no executor can or will act.

Our article on letters of administration when there is no Will explains that route.

Why is probate needed?

Banks, building societies, investment companies and the Land Registry need to know they are dealing with the right person. The grant proves that the executor or administrator has legal authority. Without it, many organisations will not release money or allow a property to be sold.

Probate is not always needed. It often depends on what the person owned and how they owned it. Our guide on whether probate is needed looks at this in more detail.

The main stages

Every estate is different, but the process often follows these stages:

1. Find the Will. Check whether there is a Will and who the executors are.
2. Value the estate. List assets and debts and work out their value on the date of death.
3. Deal with Inheritance Tax. Report the estate to HMRC, and pay any tax due before applying.
4. Apply for the grant. Apply online or by post to the Probate Service.
5. Administer the estate. Collect assets, pay debts, and share out what is left.

GOV.UK says you will usually get probate within 12 weeks of applying, but the whole administration often takes longer. It depends on how complex the estate is.

A practical example

Margaret dies leaving a Will that names her son, Ben, as executor. She owned her home in her sole name and had savings with two banks. Ben values the estate, reports it to HMRC, and applies for a grant of probate. Once he has it, he can sell the house, close the accounts and share the money as Margaret's Will says.

Who deals with probate?

The person who deals with the estate is called a personal representative. This is the executor if there is a Will, or the administrator if there is not. You can apply yourself, or ask a professional to help. Our guide to the role of an executor explains the responsibilities.

Scotland and Northern Ireland

This article covers England and Wales. In Scotland, the equivalent of probate is called "confirmation" and it works differently. Northern Ireland has its own probate office and rules. See the mygov.scot bereavement pages or nidirect's guide to applying for probate. At present we cannot reliably route enquiries from Scotland or Northern Ireland.

When to get professional help

Many people apply for probate themselves. Help may be worth considering if:

• Inheritance Tax is due, or the estate needs a full IHT400 return
• the estate includes a business, farm, overseas assets or trusts
• the Will is unclear, or someone may challenge it
• you are finding it hard to cope, and would like someone else to carry the load

Preparing papers for a grant is a reserved legal activity, so check that anyone you pay is authorised. You can search the Solicitors Register to confirm a solicitor's details.

Next steps

There is no need to rush. When you feel ready, you can find out more about getting support.

You can read more on our Probate page, or answer a few short questions in our probate questionnaire and we will aim to introduce you to up to three appropriately qualified firms.

WillHarbour is an independent introduction service, not a law firm, and we do not give legal, tax or financial advice. With your permission, we share your enquiry with up to three suitable firms, such as solicitors or other firms that help with estates. It is free to use and there is no obligation. The firms pay us a fee for each introduction, and they must tell you about this, and their own fees, before you instruct them.