What Is Probate?
Probate is one of those words people often hear immediately after a death without anybody explaining what it actually does.
Probate is one of those words people often hear immediately after a death without anybody explaining what it actually does.
In England and Wales, a grant gives the person dealing with an estate the legal authority they may need to collect and manage certain assets.
Whether a grant is required depends on the estate. Not every death requires a probate application.
The terminology depends on whether there is a will
Where there is a valid will and an executor is applying, the document is generally called a grant of probate.
Where there is no will, the person entitled to deal with the estate may apply for letters of administration.
There are also situations where there is a will but the named executor cannot apply, in which case different letters of administration can be issued.
What does the grant allow somebody to do?
Banks, investment providers or other organisations may require evidence of the legal authority to deal with an asset.
Once the appropriate grant is issued, the personal representative can use it when collecting estate assets and dealing with organisations that require it.
The grant does not mean the estate can simply be divided immediately. Debts, taxes and administration still need to be dealt with.
Do all estates need probate?
No.
Whether a grant is required can depend on the type and value of assets and how they were owned.
Some jointly owned assets can pass outside the probate process. Banks and financial institutions can also have their own thresholds for releasing funds without a grant.
Check with the organisations holding the assets rather than applying automatically.
What has to happen before applying?
The estate needs to be valued.
GOV.UK says the estimated value is required as part of the probate application even where there is no Inheritance Tax to pay.
Where Inheritance Tax is due, some tax normally has to be paid before the grant is issued.
Probate is not the same as administering the estate
Getting the grant is one stage.
The personal representative may still need to collect assets, settle debts and tax, sell property or investments, complete tax reporting and eventually distribute the estate to the people entitled to it.
GOV.UK describes the personal representative as legally responsible for the estate’s assets throughout this administration period.
Can I do it myself?
People can apply for probate themselves online or by post where appropriate.
Professional help may be useful where the estate is complicated, contains trusts or business interests, has substantial tax issues, involves property or overseas assets, or where beneficiaries or family members are in dispute.
The question is not whether probate is always “easy” or “difficult”, but whether you understand the estate you are taking responsibility for.
Do not distribute the estate too early
An executor or administrator has responsibilities to the estate.
Before distributing assets, they need to understand what debts, taxes and liabilities must be settled and who is legally entitled to inherit.
If you are uncertain, obtaining advice before distributing money can be much safer than trying to recover it afterwards.
Last reviewed
6 September 2026
Important informationThis guide provides general information and is not intended to provide legal, financial, medical or other professional advice. Procedures can differ depending on where the person died, where they lived, whether a coroner is involved and the circumstances of the estate. Check current official guidance and seek advice from an appropriately qualified professional where needed.