A complete guide to probate

What is probate?

Probate is the legal authority granted by the Probate Registry — part of HM Courts and Tribunals Service — that enables the executor of a will to administer a deceased person’s estate. It confirms that the will is valid and that the named executor has the legal right to deal with the estate’s assets.

Where there is a will, the document issued is called a Grant of Probate. Where there is no will and someone applies to administer the estate, the document issued is called Letters of Administration. The rights and responsibilities in both cases are broadly the same.

When is probate needed?

Probate is not always required. Whether it is needed depends on what assets the deceased held and how they were owned.

Probate is generally not required where the estate consists only of jointly held assets that pass automatically to the surviving owner — for example, a property owned as joint tenants, or a joint bank account. It may also not be required where the estate is of low value; many banks will release funds without probate where the balance is below a threshold they set themselves, typically between £5,000 and £50,000.

Probate is generally required where the deceased owned property in their sole name, where bank or investment accounts exceed the institution’s threshold, or where shares or other registered assets need to be transferred or sold.

If there is any uncertainty, the relevant bank, financial institution, or Land Registry can advise on whether they will require sight of the grant before releasing or transferring assets.

What is an executor?

An executor is a person named in a will to carry out the deceased’s wishes and administer their estate. Most people are asked in advance whether they are willing to act as executor at the time a will is made, though this is not always the case.

Anyone can be named as executor — a family member, a friend, a solicitor, or a professional trustee company. It is possible to have multiple executors acting jointly, which can be useful for complex estates but can also slow down decision-making if the executors disagree.

Where there is no will, or where named executors are unable or unwilling to act, the estate is administered by an administrator. Only certain categories of person can apply to be an administrator — typically the next of kin in a defined order of priority.

Can an executor refuse the role?

Yes. Being named as executor does not compel someone to act. An executor who does not wish to take on the role can formally renounce the position before taking any steps to administer the estate — a solicitor can advise on the process. If all named executors renounce, or if there is no will, a family member or other eligible person can apply for Letters of Administration instead.

Is an executor paid?

Executors are not automatically paid for their time, unless the will specifically provides for a fee, or unless the executor is a professional such as a solicitor acting in a professional capacity. Executors are, however, entitled to be reimbursed for reasonable expenses incurred in administering the estate.

How to apply for probate

The application is made to the Probate Registry, either online via the Government’s probate service or by post. Before applying, the executor must have registered the death and obtained the death certificate, and must have the original will if one exists.

If the estate may be subject to Inheritance Tax, the executor must also complete the relevant HMRC forms before applying for probate. HMRC must confirm that either no tax is due or that an arrangement has been made to pay it before the Probate Registry will issue the grant.

The application itself requires completion of the probate application form (PA1P if there is a will, PA1A if there is not), a statement of truth, and submission of the original will.

How long does probate take?

Processing times vary depending on how complex the estate is and current backlogs at the Probate Registry. Straightforward applications where no Inheritance Tax is due can be granted in four to eight weeks. More complex estates — particularly those involving multiple properties, foreign assets, disputed wills, or significant Inheritance Tax — can take considerably longer, sometimes many months.

It is advisable not to commit to a sale completion date for an inherited property before the grant has been received, as delays in the probate process will directly affect the sale timeline.

How much does probate cost?

The current application fee is £300 for estates worth more than £5,000, with no fee for smaller estates. Additional copies of the grant can be ordered at £1.50 each — it is worth ordering several, as institutions will typically require an original or certified copy before releasing assets.

Professional probate services — where a solicitor or specialist probate firm administers the estate — are charged separately and typically cost between 1% and 5% of the gross estate value, though fixed-fee arrangements are also available.

Executor responsibilities and obligations

The executor’s core responsibilities are to identify and protect the estate’s assets, pay any outstanding debts and liabilities (including Inheritance Tax where applicable), and distribute what remains to the beneficiaries in accordance with the will.

In practical terms this involves: notifying relevant organisations of the death, closing or transferring accounts, arranging any property insurance for inherited property that is now vacant, valuing all assets for probate purposes, completing any required tax returns, and maintaining accurate records throughout.

Executors have a legal duty to act in the interests of the beneficiaries and to administer the estate within a reasonable time. In practice, most straightforward estates are fully administered within twelve months of the date of death — this period is sometimes referred to as the “executor’s year.”

Executors can be held personally liable if the estate is distributed incorrectly, debts are overlooked, or assets are disposed of below market value without good reason. For complex estates, professional legal advice is strongly recommended before taking action.

Selling an inherited property

A property in a deceased person’s sole name cannot legally be sold until the grant of probate has been issued. The executor then has the authority to instruct estate agents, accept offers, and complete a sale in their capacity as personal representative of the estate.

Can the property be marketed before probate is granted?

Yes — marketing a property before probate is a common approach and does not breach any legal requirement. Accepting and agreeing an offer before probate arrives is also possible, though the sale cannot exchange or complete until the grant is in hand.

Given that probate processing can take months, early marketing is often sensible, particularly for vacant properties where ongoing costs — insurance, utilities, council tax, security — continue to accumulate.

How is the property valued for probate?

The executor is required to provide HMRC with an accurate valuation of the property as at the date of death. This is typically obtained from a local estate agent who is asked to provide a formal written opinion of value as at that specific date, rather than current market value. If the figure is disputed by HMRC or differs significantly from the eventual sale price, a RICS surveyor may be required to provide a formal retrospective valuation.

What about Inheritance Tax on the property?

Property forms part of the estate for Inheritance Tax purposes. The standard nil-rate band for Inheritance Tax is currently £325,000, with an additional residence nil-rate band of up to £175,000 available where a residence is left to direct descendants. Tax is charged at 40% on the portion of the estate above the applicable threshold.

Where Inheritance Tax is due and the estate’s main asset is property, the executor may need to arrange bridging finance or take advantage of HMRC’s instalment option — which allows Inheritance Tax attributable to property to be paid in annual instalments over ten years — in order to avoid a forced or under-value sale.

Fast sale options for inherited property

Cash house buying companies will purchase inherited properties, including those going through probate. The practical considerations are the same as for any fast sale: the offer will typically be below open market value, and the executor has a duty to achieve a reasonable price on behalf of the beneficiaries.

On the UK-average £270,080 home, a cash offer is roughly £203,000–£230,000. Source: HM Land Registry / ONS UK House Price Index, June 2026.

Where multiple beneficiaries exist, all should be made aware of the proposed sale terms and the rationale for accepting a below-market offer before the sale proceeds. An executor who sells significantly below market value without justification risks challenge from beneficiaries who receive less than they would have under an open market sale.

Where speed is the priority — for example, to release funds to pay Inheritance Tax, to end the ongoing cost of maintaining a vacant property, or to resolve a situation where beneficiaries need the proceeds — a fast sale may represent a reasonable balance of speed against price. That decision should be made with full information and, where the estate is of significant value, with independent legal advice.