Losing a loved one is an emotional and challenging time, and navigating legal responsibilities alongside this can often feel overwhelming. Many families begin searching for clear guidance on probate processes in England and Wales but quickly find the terminology confusing. This simple and compassionate guide aims to support you in understanding probate, covering what it is, when it’s needed, and the steps involved, to help you feel more confident as you manage your loved one’s affairs. 

What Is Probate?

One of the most common questions we hear from families is “what is probate?”. 

In simple terms, probate is the legal process of handling someone’s estate after they have passed away. This includes identifying their assets, settling any debts, and distributing what remains to the rightful beneficiaries. If a will exists, the executor named in it will apply for a Grant of Probate. If there is no will, an administrator will apply for Letters of Administration. 

When Is Probate Required?

Probate may be necessary if: 

  • The person owned property solely in their name 
  • There are significant savings, investments, or financial accounts 
  • Banks or institutions request a Grant of Probate or Letters of Administration before releasing funds 

Do All Estates Need Probate?

Probate may not be necessary in some cases. Smaller estates can sometimes bypass it entirely, and certain assets, like property owned jointly, pass directly to the surviving owner without going through the process at all. If you’re unsure, it’s a good idea to seek informed advice which can help provide clarity during an already difficult time. 

How Long Does Probate Take?

A frequent concern for families is how long probate takes. While each estate and circumstance is unique, the process typically takes several months. More complex estates or delays in gathering financial information can extend the timeline. Though waiting can be emotionally difficult, knowing what to expect can help families prepare and reduce uncertainty. 

The Probate Process Explained

Before probate is actually granted, there’s usually a valuation stage. The estate needs to be assessed for Inheritance Tax and, depending on what’s owed, you may need to report it to HMRC and make at least a partial payment before anything else can move forward. It’s one of those steps that catches people off guard. Although circumstances differ, probate generally involves: 

  1. Valuing the estate – Collecting details of assets, property, debts, and liabilities
  2. Submitting the probate application – Grant of Probate or Letters of Administration
  3. Settling debts and taxes – Including Inheritance Tax if applicable
  4. Distributing the estate – Passing assets to beneficiaries in line with the will or intestacy rules 

Many families find this process challenging while coping with grief, which is why compassionate support can make a meaningful difference. 

What Happens If There Is No Will?

When someone dies without a will, known as dying “intestate”, the closest living relative takes on the role of administrator and applies for Letters of Administration rather than a Grant of Probate. Under the Rules of Intestacy, the order of priority runs: spouse or civil partner first, then children aged 18 or over, then wider family. Unmarried partners and stepchildren have no automatic right to inherit, regardless of the circumstances — something many families find painful to discover. 

If you’re dealing with an intestate estate, specialist advice early on can help avoid delays and ensure the right person applies. 

Can You Apply for Probate Yourself?

Yes — and it’s more common than you might think. You can apply online via GOV.UK, and for straightforward estates it’s manageable. The application fee is £273 in England and Wales (free for estates under £5,000). Bear in mind you’ll need to value the estate and, if Inheritance Tax is due, submit those forms to HMRC first and then wait 20 working days before you can apply for probate. 

For more complex estates with multiple properties, disputes, or significant tax to sort, using a solicitor or probate specialist is often worth the cost. If you’re unsure, GOV.UK’s probate guidance is a good starting point. 

Support from Rowland Brothers 

One last thing worth saying clearly: this is a guide for general information only, not legal advice. Every estate is different, and the probate requirements can shift quite a bit depending on the specifics. If you’re unsure (and most people are), it’s worth speaking to a solicitor or probate specialist who can look at your actual situation. 

At Rowland Brothers, we understand that legal processes like probate often come at a time of emotional upheaval. While we do not provide probate legal services directly, our caring team is always here to help guide you, answer your initial questions, and connect you with trusted partners where needed. For more than 150 years, we have supported local families with compassion, respect and practical guidance. 

If you would like to explore further support, our funeral planning page offers helpful information for planning ahead. 

Steve Rowland

Author

Steve Rowland,
News and Funerals

Steve Rowland is a funeral professional with over 40 years’ experience supporting families with care and integrity. A key figure at Rowland Brothers Funeral Directors, he also leads global repatriations through Rowland Brothers International and serves as a director of Golden Leaves Funeral Plans. As a founding member of the National Association for Funeral Plan Providers, Steve has championed ethical standards and transparent pre-paid funeral plans while remaining committed to modernising funeral services with respect for tradition.