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When someone dies, things are tough enough without having to get your head around all the paperwork that comes with it. We cut through the jargon to help you understand everything you need to know about probate and property, as well as handling the rest of the estate.
Probate is the legal right to deal with someone’s property, other assets, money and possessions – also referred to as their estate – after they have died. If they have left a will, it will name an executor who will administer and organise the distribution of the estate as inheritance, once taxes and any debts have been paid.
The executor will need to apply for a Grant of Probate from the Probate Registry. You’re not able to make any financial plans, to start to sort out the estate or sell a property until you’ve received a Grant of Probate.
Applying for a Grant of Probate is usually one of the first administrative actions that you take after someone has died.
Grant of Probate is a legal document that shows banks, building societies, the Land Registry and other organisations that you have the right to deal with someone’s estate after they have died. Grant of Probate is the document used if the deceased has a legal will. Sometimes it is also known as a Grant of Representation.
A grant of probate is required in the case of around 50% of deaths in the UK.
Once this has been obtained, you can sell property, pay off debts, close accounts and divide up the estate in accordance with the will or the law. Probate ends when all the taxes and debts have been paid and inheritance organised.
Probate can be complicated adding stress when you least need it. That’s why we’ve partnered with Octopus Legacy for expert probate support that’s tailored to you. Octopus Legacy will help you apply for and get a grant of probate, or take you from start to finish, depending on what you need. Find out more about the Octopus Legacy service or call for a free probate consultation on 020 4525 7580.
If someone dies without a Will (called dying intestate), you can’t get a Grant of Probate. In this case, you will need to obtain what is referred to as a Grant of Letters of Administration. Once this is obtained, you can sell property, pay off debts, close accounts and divide up the estate in accordance with the law. Only spouses, civil partners, children, and other close relatives can inherit under these rules.
See more about the intestacy rules on the government page “Intestacy – who inherits if someone dies without a will”
A Grant of Probate isn’t always required. It depends on the size and the kind of assets of the person that’s died.
Even in the cases where it is not required to administer the estate, there are still other steps that are required after someone dies, such as notifying HM Revenue and Customs (HMRC), amongst others.
When the person who has died had a will, then only the executor(s) appointed in the will can apply for probate.
If the person did not leave a will, the closest living relative can apply. This is normally the husband, wife or civil partner (including if you were separated) followed by any children 18 or over (including legally adopted children but not step-children).
If the person who has died doesn’t have a will or didn’t appoint an executor, then you can’t get a Grant of Probate. Instead, you will need to get a Grant of Letters of Administration, or Grant of Letters of Administration with will annexed, as applicable.
To apply, you must be over 18, have legal capacity and cannot be bankrupt.
If the named executor(s) is out of the country, you can apply on their behalf but this would require an additional guarantee from a bank or insurance company.
A maximum of 4 people can apply for a Grant of Probate.
There is also a minimum of two people, where there is a lifetime trust within the inheritance or one of the beneficiaries of the estate is under 18 years of age.
The government says it should take up to 16 weeks, but says it can take longer if you need to provide additional information.
However, major delays have been reported: the number of probate cases taking more than a year to be granted has risen by 65% over the past three years, according to a Freedom of Information request from the Ministry of Justice, submitted by Quilter in 2024.
Once the application is approved it will be sent to you in the post.
The whole process can often take from 6 to 12 months.
A simple estate with no property involved can be relatively quick but in some cases it’s much longer. It also depends how much time the executor has available to administer probate. It is a long and complicated process and if you are working full time or have other commitments the process could take longer overall.
If the value of the estate is over £5,000, the fee to apply for probate is £300. There’s no fee if the estate is £5,000 or less.
When someone we love dies, we all need time to grieve. But death can come with a lot of hard work. Our partners at Octopus Legacy aim to help take some of the stress off your plate.
Get expert probate support that’s tailored to you. Octopus Legacy will help you apply for and get a grant of probate, or take you from start to finish, depending on what you need.
They will always share a fixed fee quoted up front, based on the information that you provide.
The person’s death needs to be registered within 5 days in England, Wales and Northern Ireland, and 8 days in Scotland. We recommend buying extra copies of the death certificate at this stage as many companies only accept originals as proof further down the line in the probate process.
If you think there is a will and you are named as the executor, you need to track it down, alongside a list of the deceased’s assets and debts. This includes things like:
You’ll then need to contact the banks and savings accounts to work out the value of each asset.
For things like property, this should be the market value if it had been sold on the date of the death. You can get an estimate today using our online valuation tool, but you should contact a valuation surveyor for a valuation survey.
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You then have to publish a statutory advert in the London Gazette and a local newspaper announcing the death. This helps make you aware of any outstanding debts. See more on this below.
It is only needed for 50% of deaths in the UK. So there’s no point in doing any of the other steps until you know you need it. It’s usually required if:
Even when you don’t need a Grant of Probate to administer the estate, HM Revenue and Customs (HMRC) will always need to be notified of the death.
You’ll need to fill out an inheritance tax form (IHT205, IHT217 or IHT400 – depending on your situation)
Usually, you don’t need to pay Inheritance Tax if:
If you have to pay inheritance tax, you must send the appropriate forms to HMRC and wait 20 working days before applying for a Grant of Probate. You can access the relevant forms for inheritance tax here and for more information read our guide Inheritance tax on property.
It is possible to apply online if:
If you fulfil these conditions, you can apply on the government website.
If you cannot apply online, see links below to the forms you need to apply via post. They list all of the documents that are required to sit alongside the application:
During the application process the people applying will be asked how many official copies (called office copies) of the Grant of Probate they need. Usually you’ll need a few as the copies will need to be used to register with multiple organisations and banks etc. (See next step).
The Grant of Probate needs to be registered with any place that the person that has died had assets, e.g. bank, building society or the Land Registry before administering the estate. This proves to them that the personal representative(s) have the right to deal with the relevant asset(s).
Register using copies rather than the original grant itself, as they often fail to return it and it can’t be replaced.
You can put a house on the market before probate is granted, although you’ll need to disclose in the marketing materials that the property is subject to probate and that the sale is contingent upon the grant of probate.
When the Probate Registry has issued the Grant of Probate, the personal representative is fully empowered to administer the estate.
Only then can you actually sell the house and divide up the estate. For more advice on selling a probate property, see our step by step guide.
The process of settling the estate usually takes 3-6 months and includes things like:
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Before you distribute the estate, it is important to note that the law recommends that Executors, trustees and personal representatives place a statutory advertisement in the London Gazette newspaper. If the deceased owned property, a statutory advertisement should also be placed in the paper local to where the property is situated.
While not a legal requirement, placing a deceased estates notice ensures that sufficient effort has been made to locate creditors before distributing the estate to beneficiaries. This protects the executor or trustee from being liable for any unidentified creditors.
No distribution of funds or appropriation of assets should be made from the Estate during the advertisement period (which is recommended as 2 months). This notifies potential creditors or Beneficiaries of the death so that they have an opportunity to make their claim against the Estate and also makes you aware of any outstanding debts.
If you find any debts are greater than the value of the assets within the estate, you should consult a solicitor. The law establishes an order of priority for paying debts in these circumstances, which will need to be followed.
You may find taking out a probate bridging loan is useful after probate has been granted, where there is an inheritance tax liability outstanding and the estate contains property.
For example, in some cases a probate bridging loan will be taken out because the beneficiaries want to clear the inheritance tax rather than bear any interest. Then renovate the property to increase the value before it’s sold.
Alternatively, you may want to clear the inheritance tax and have plans to move into the property and sell your current home. Again, short-term finance in the form of a bridging loan can allow this to happen.
Use the experienced team of specialist brokers at Chartwell Funding for FREE advice when securing your bridging loan. Click here or call them on 01454 809 300.
For bridging loans, homeowner loans, bad credit mortgages and more speak to specialist lending brokers now.
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