What Is Probate? A UK Guide to the Process

Probate is the legal authority to deal with certain property, money and possessions left by someone who has died. The person dealing with the estate may need a grant before banks, investment providers or other organisations will release assets or allow them to be transferred.

This guide explains the broad process for England and Wales. Scotland and Northern Ireland have different rules and procedures. It is general information rather than legal advice for an individual estate.

What does probate mean?

In England and Wales, a grant of probate is usually issued to an executor named in a valid will. If there is no will, or the appointed executor cannot act, someone entitled under the rules may need letters of administration instead. Both are forms of legal authority to deal with the deceased person’s estate.

The government provides a practical starting point at GOV.UK: Applying for probate.

Is probate always needed?

No. It depends on the assets, how they were owned and the requirements of the organisations holding them. For example, some jointly owned assets may pass directly to a surviving owner under the ownership arrangements, and a bank may release a relatively small balance without requiring a grant.

Contact the relevant banks, investment providers and other organisations to confirm whether they require probate in the particular circumstances. Do not assume the same rule applies to every bank account or property.

What happens if there is a will?

The will usually appoints executors and explains how the estate should be distributed after debts, taxes and administration expenses are dealt with. Executors have responsibilities to identify assets, value the estate, deal with any required tax reporting and distribute what remains according to the valid will.

What happens if there is no will?

The estate is distributed under the applicable intestacy rules. In England and Wales, the person entitled to apply for letters of administration depends on the family circumstances and the order of priority in the rules. An unmarried partner does not automatically have the same inheritance rights as a spouse or civil partner. See GOV.UK: Applying without a will.

What are the main steps in the probate process?

1. Confirm whether probate is required. Ask the institutions holding the assets what documents they need.
2. Identify and value the estate. Collect details of money, property, possessions, debts, gifts and any other relevant assets or liabilities.
3. Check inheritance-tax requirements. Determine whether a tax return or payment is needed, using current HMRC guidance before applying for probate.
4. Apply for the grant if needed. Eligible applicants may apply through the relevant government service.
5. Administer the estate. Deal with debts, taxes, asset transfers and distributions according to the will or applicable intestacy law.

Details and deadlines depend on the estate. GOV.UK’s before-you-apply guidance explains the valuation and tax steps for England and Wales.

How does life insurance interact with probate?

The person entitled to the death benefit depends on policy ownership and any valid trust or other arrangement. If a policy is owned by the deceased for their own benefit, the payment may belong to the estate and the insurer may require proof of the personal representatives’ authority.

Where rights under a policy belong to trustees under an appropriate arrangement, the insurer may be able to pay the trustees without requiring probate for that policy, although it will still need relevant claim evidence. Trust arrangements also have legal and possible inheritance-tax consequences. See our guide to life insurance trusts.

What about inheritance tax?

Probate and inheritance tax are related but distinct. A grant is legal authority to administer an estate; inheritance tax depends on the value and composition of the estate and any applicable exemptions or reliefs. You may need to value and report an estate even when there is no inheritance tax to pay. Our inheritance tax guide provides general background, but for current requirements start with GOV.UK.

Do you need a solicitor for probate?

Not necessarily. Some people administer a straightforward estate themselves. Professional legal or tax advice may be valuable where there are disputes, complicated trusts, overseas assets, business interests, difficult valuations or uncertainty about an individual beneficiary’s entitlement.

Where to find help

If you are dealing with a death, the official GOV.UK estate administration guide covers the practical stages, and a solicitor can advise on a specific case.

If you are reviewing your family’s life insurance arrangements in advance, consider who should receive the benefit and whether you need individual guidance on ownership or trusts. Contact Discount Life Cover to discuss the insurance side, and seek legal advice for the estate-planning decisions.

Updated October 2026. Applies primarily to England and Wales; different rules apply in Scotland and Northern Ireland. General information only, not legal or tax advice. Discount Life Cover is a trading style of My Key Finance Ltd (FCA FRN 628996).