What is Probate?
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Probate is the legal process of dealing with someone’s estate after they pass away. It gives the executor or administrator the legal right to:
If you’re responsible for managing an estate, you may need to apply for authority before you can access funds or transfer property. You can also read more about what probate means in Scotland as the process differs slightly across the UK.
The Law Superstore will help you find and compare the costs for probate solicitors.
If you are the executor of a will, then you’ll need a Grant of Probate to begin.
This confirms that the executor has the legal right to deal with the deceased’s estate.
Only executors are allowed to apply, and often a will names more than one.
If the deceased has not left a will, you’ll need Letters of Administration to manage the estate.
These are sometimes referred to as Letters of Representation and give close family members the authority to act.
You normally need this legal authority if:
If the estate is small or jointly owned, this may not always be necessary. Our solicitors can advise you on whether it applies in your situation, and you can learn more about probate costs so you know what to expect before starting the process.
Both types fall under what’s called a Grant of Representation, which gives the legal right to deal with the estate.
Our service makes it simple to start the application process.
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You will usually receive the Grant of Probate or Letters of Administration within 16 weeks of application. The amount of time it takes will depend on the size and complexity of the estate, how many properties are involved and how many beneficiaries there are.
As of May 2024, the application fee in England and Wales increased from £273 to a flat £300 for estates valued at over £5,000. Estates worth £5,000 or less remain exempt from this fee. Official extra copies of the Grant of Probate continue to cost £1.50 each, and a second application (for example, when applying with "power reserved") costs £21, even if the estate falls below the £5,000 threshold.
For a detailed breakdown, including solicitor fees, disbursements, and what affects overall probate expenses, read our full guide on how much probate costs.
When choosing a solicitor, you want someone who is experienced with this area of the law, knows the process and can advise you on how to proceed in the best way for you and your family. Our probate solicitors are experienced, regulated by the SRA and have lots of great reviews.
If there’s no Will, you’ll need to apply for Letters of Administration. Our solicitors can help you complete the application and manage the estate according to intestacy rules.
There are some situations in which you may not need one. If the property and accounts were all joint accounts, with the other person still living, everything would transfer to them. If the estate is made up of cash and belongings, and the cash amounts to under £5000, some banks and building societies may release it without a Grant of Probate.