A plain-English explanation of probate, when it is required, and what happens if you skip it.
Probate is one of those words that appears in almost every conversation about death and estates, yet most people — even those who have been through it — find it difficult to explain clearly. This article sets out exactly what probate is, why it exists, when it is legally required, and what the practical consequences are of proceeding without it. If you have recently lost someone and are trying to understand what you need to do next, this is the place to start.
Probate is the legal process by which a deceased person's will is officially recognised as valid and their executor is given the formal authority to deal with the estate. In England and Wales, this authority is granted by the Probate Registry (part of HMRC Courts and Tribunals Service) in the form of a document called a Grant of Probate. If the deceased died without a will — known as dying intestate — the equivalent document is called Letters of Administration, and it is granted to the next of kin rather than a named executor. Together, these documents are referred to as a Grant of Representation. The grant is essentially a legal instruction to banks, land registries, pension providers, and other institutions that the person named in it has the authority to collect, manage, and distribute the deceased's assets.
Probate exists to protect three groups of people: the beneficiaries of the estate, the creditors of the deceased, and the institutions holding the deceased's assets. Without a formal process, there would be nothing to stop an executor distributing assets to beneficiaries before paying outstanding debts, or to prevent multiple people claiming authority over the same estate. The probate process creates a legal record of who is in charge, establishes a timeline during which creditors can make claims, and provides a degree of oversight that protects everyone involved. It also creates a public record — the grant and the will (if there is one) become publicly available documents once probate is granted, which is why some people choose to hold assets in trusts or joint names to keep them out of the probate process.
There is no single legal threshold that triggers a probate requirement in England and Wales. Instead, the requirement is driven by the institutions holding the deceased's assets. Most banks and building societies will require a Grant of Probate before releasing funds above a certain threshold — typically between £5,000 and £50,000 depending on the institution, though some set the bar as low as £500. Land Registry will not transfer property held solely in the deceased's name without a grant. Pension providers, investment platforms, and insurance companies almost universally require a grant for any significant sum. In practice, if the deceased owned property in their sole name, had savings above approximately £20,000 in any single institution, or held investments, probate will almost certainly be required.
There are circumstances where probate is genuinely not needed. The most common is where all assets were held jointly — for example, a joint bank account or a property owned as joint tenants — because these assets pass automatically to the surviving owner by the right of survivorship, outside the estate entirely. Small estates where all assets are below the relevant institutional thresholds may also not require a grant. Assets held in trust, nominated pension death benefits, and life insurance policies with a named beneficiary also fall outside the estate and do not require probate. If the deceased had a very simple financial profile — a current account with a small balance, no property, no investments — it may be possible to deal with the estate without obtaining a grant, though you should confirm this with each institution individually.
If probate is required and you distribute assets without it, you expose yourself to significant personal liability. Institutions will not release assets without a grant, so in practice you cannot distribute most significant assets without going through the process. But if assets are distributed informally — for example, by emptying a joint account that was not truly a joint account, or by taking personal property without authority — and a creditor later makes a valid claim against the estate, the executor or administrator can be held personally liable to make good the shortfall. The same applies if HMRC subsequently raises an Inheritance Tax assessment. The probate process exists partly to create a formal record that protects the executor from exactly these scenarios.
The Probate Registry's current processing time for straightforward applications is approximately 16 weeks from submission, though this varies. Before you can apply, you need to have valued the estate, submitted the Inheritance Tax return to HMRC (even if no IHT is due), and paid any IHT due. The IHT process alone can take 4–8 weeks. In total, from the date of death to receiving the grant, you should plan for a minimum of 4–6 months for a straightforward estate, and considerably longer if the estate is complex, if there are disputes, or if the Probate Registry is experiencing backlogs. Kinvoy's Deadlines feature tracks all of these timelines automatically, so you always know what needs to happen next and by when.
Applications for a Grant of Probate can be made online via the government's MyHMCTS portal or by post using form PA1P (if there is a will) or PA1A (if there is no will). You will need the original will (if there is one), the death certificate, and a completed IHT form. The application fee is £273 for estates valued above £5,000; there is no fee for smaller estates. Additional copies of the grant can be ordered at the time of application for £1.50 each — order more than you think you need, as most institutions will require an original or certified copy. If you are using Kinvoy, the Complex Matters section of the portal walks you through every step of the probate application process in sequence, with links to the relevant government forms at each stage.