{"id":675,"date":"2017-05-01T15:22:52","date_gmt":"2017-05-01T15:22:52","guid":{"rendered":"https:\/\/advisingfamilies.org\/?p=675"},"modified":"2026-05-07T15:46:55","modified_gmt":"2026-05-07T15:46:55","slug":"what-is-probate","status":"publish","type":"post","link":"https:\/\/advisingfamilies.org\/uk\/information-portal\/life-after-death\/what-is-probate\/","title":{"rendered":"What is probate?"},"content":{"rendered":"

Last updated: May 2026<\/strong>
\nRead time: two minutes<\/strong><\/p>\n

In England and Wales, if someone has died, their next of kin, or those named in the will, need to obtain a legal document called a grant of representation, which gives them the legal right to deal with any property, money and possessions. This is known as probate.<\/p>\n

The process and terminology differ across the UK – see ‘Elsewhere in the UK’ below.<\/p>\n

If they left a will<\/h2>\n

If the deceased left a valid will, this will explain where their possessions, money and property should go. You will need to locate the original will, which might be stored in the person\u2019s home, bank or with their solicitor or legal advisor.<\/p>\n

If there is a will, contact the executors named, who will be responsible for obtaining the grant of probate. If you are an executor yourself, you\u2019ll need to complete a probate application form and inheritance tax form which can be submitted online to the central probate registry.<\/p>\n

You can either do this yourself, or instruct a qualified advisor<\/a> to act on your behalf.<\/p>\n

When the grant of probate is obtained, the assets may be sold, resulting in a lump sum to go to the beneficiaries, i.e. those named in the will. Before the estate is distributed, all debts and expenses should be paid. If inheritance tax<\/a> is due, this will also need to be paid.<\/p>\n

If no will was left<\/h2>\n

If there is no will, the deceased has died \u2018intestate.\u2019 The next of kin, or if there is none, the legal advisor or person appointed by the court, will need to apply for a ‘Grant of Letters of Administration’\u00a0before the estate can be distributed. If the grant is given, they are known as ‘administrators’ of the estate.<\/p>\n

The deceased\u2019s spouse or civil partner will usually inherit the estate in this case. However if there is none, a set of rules known as the rules of intestacy<\/a> will determine who is to benefit from the estate.<\/p>\n

Probate fees<\/h2>\n

In England and Wales, there is usually no need to apply for probate if the estate is worth less than \u00a35,000. There is an application fee of \u00a3300 for estates over the \u00a35,000 threshold.<\/p>\n

Elsewhere in the UK<\/h2>\n

The legal document is called \u2018confirmation\u2019<\/a> in Scotland and \u2018grant of probate\u2019 in Northern Ireland and the process in each country differs slightly from that in England and Wales. You can find out more here:<\/p>\n