Understanding probate:
A practical guide for the bereaved
Losing someone you love brings a flood of emotions and practical tasks you might never have imagined before. One of those tasks is managing their estate, which often involves probate. This guide explains what probate is, when you’ll need it, and when you don’t, and how to find professional help if you decide you’d rather not go it alone.
What is probate?
Probate is the legal process that confirms your authority to collect and distribute a person’s assets after their death. This includes property, bank accounts, shares and belongings. You cannot sell property or access many bank and investment accounts until you have a “grant of representation,” commonly known as probate. What many people don’t realise is that you don’t always need probate. It’s helpful to know what probate is, so that you can determine whether this is something you need, or not.
Probate vs Letters of Administration
Grant of Probate is issued when the deceased left a valid will. The named executors apply for probate to administer the estate according to the will.
Letters of Administration are used when there is no valid will – in other words, a person has died intestate. The closest relative applies to become the administrator and receives letters of administration, which serve the same function as probate.
Although people often use “probate” to describe both processes, the paperwork and applicant differ depending on whether a will exists, so it’s worth knowing the difference, and ideally, making sure you know if your loved one has a will.
When do you need probate?
You’ll typically need to apply for probate or letters of administration if any of the following are true:
- The total value of assets in the deceased’s sole name exceeds £10,000
- The person owned property or land outright
- There are shares or investments held solely in their name
- The bank insists on a grant before releasing funds
- There is a dispute about who inherits or how the estate should be managed
Around half of all UK estates go through probate each year, reflecting these common triggers.
When probate might not be required
You may not need probate or letters of administration in these scenarios:
- If there are only jointly held assets. Property or accounts held as joint tenants pass automatically to the survivor.
- The estate is small. Many banks will release modest cash balances, often under £5,000–£10,000, without a grant.
- Life insurance, pensions and workplace death-in-service benefits are paid straight to a named beneficiary.
Always check because thresholds vary, and some institutions will ask for a grant regardless of amount.
Applying for probate yourself
You can apply directly through the government service:
- Value the estate and calculate any Inheritance Tax due.
- Complete the online or paper application for probate or letters of administration.
- Pay the application fee (£300 in England and Wales for estates over £10,000).
- Once granted, use your certified copies of the grant to collect assets, settle debts and distribute the remainder.
If the estate is straightforward, for example, it has no foreign assets, no trusts, no complex tax issues, then DIY probate can save thousands in professional fees, not to mention time and effort.
When to consider professional help
Handling probate alone can become a full-time job. You may want to use a professional probate firm if any of these apply:
- The estate is large or includes property that produces income
- There are inheritance tax complications or tax residence questions
- The person died without a will and assets must be distributed under intestacy rules
- You face disputes among relatives or challenges to the will
- Foreign assets or trusts are involved
A specialist can guide you through complex situations and ensure compliance with all legal and tax obligations.
How to find a professional probate firm
It’s worth finding out what you can do yourself and what you will need or prefer help with. Help Me Decide have a good tool for this purpose, and an excellent helpline which offers free advice to help people figure out what they can do themselves and what they will need a lawyer for.
If you decide you need help with probate, you have a few other options to help you identify a professional probate firm, aside from personal recommendations from friends, family or your bank who can recommend firms they’ve used been happy with.
- The Law Society’s “Find a Solicitor” Search by location and area of law to locate probate-accredited solicitors regulated by the Solicitors Regulation Authority.
- The ICAEW Probate Register lists accountancy firms authorised to provide probate services
- The Good Solicitor Guide lets you compare wills, trusts and probate solicitors by region, read reviews and you can verify credentials
- The fee structures vary. Fixed-fee firms often handle straightforward grants of probate from £500–£2,000. Solicitors and accountants may charge 1–5% of estate value plus VAT. Always get quotes and compare “grant-only” versus full estate administration services.
Embarking on probate can feel overwhelming, but knowledge is power. Whether you choose to handle it yourself or enlist professional support, this guide equips you to make informed decisions during a challenging time.
The emotional journey of probate
Probate often intersects with grief, bringing fresh waves of emotion as you tackle paperwork that feels never ending, deadlines that are looming and financial decisions that you’d rather not face while still mourning your loved one. You might also be in the middle of arranging the funeral, so don’t underestimate the toll this may have emotionally.
Emotions you might experience include:
- Feeling stressed or overwhelmed by unfamiliar tasks and legal forms
- Anger and frustration when chasing responses or struggling to find and supply requested information
- Anxiety about making mistakes or missing deadlines Guilt or second-guessing decisions about the will or distribution
- Sadness triggered by sorting personal belongings or revisiting memories
- Relief when milestones are completed, mixed with apprehension about what comes next
- Empowerment as you honour the person’s wishes and regain a sense of control.
Here are some coping strategies that can help to ease the emotional burden:
- Keep a list of the providers and suppliers that are involved and make a note of when you have contacted them, what the update is, and what needs to happen next
- Break tasks into bite-sized chunks
- Enlist friends or family to share administrative duties or simply listen
- Schedule regular breaks to rest and recharge
- Lean on professional support from a solicitor or probate firm to reduce stress
- Connect with bereavement groups to share experiences and advice
Recognise that grief rarely follows a straight line. Being patient and kind with yourself can make probate and the many practical tasks and decisions you face as a result of a bereavement more manageable.
What to do if things go wrong
Probate, or any of the administrative tasks following the death of someone close to you, are not known for being easy to handle, and unfortunately, can be a protracted affair involving many parties. What’s more, we know that 70% of financial services complaints that get to the Ombudsman are bereavement related. By having a general understanding of what probate is and what you need to do, you are already in a better position to be able to identify if something is going wrong and you need to make a complaint.
Disclaimer
This article is intended for general informational purposes only and does not constitute legal advice. If you need advice tailored to your circumstances, please consult a qualified solicitor or probate specialist.
The tips in this article were gathered from the following online resources:
Applying for probate: What is probate – GOV.UK
Guide to probate – what it is and how to do it yourself – MSE
When is probate required? Probate thresholds – Farewill
When to use a probate specialist – MoneyHelper
Find a Solicitor – The Law Society
Wills, Trusts and Probate Solicitors near you – The Good Solicitor Guide
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