Written by Gemma Ambrose, Partner TEP, Wills, Trusts and Probate. Updated November 2026.
When someone dies, their estate must be valued, any debts settled and what remains passed to the people entitled to inherit it. Depending on the estate and the family’s circumstances, this can be straightforward or it can be complex.
In this guide, our probate solicitors give plain answers to the questions executors ask us most often: what probate is, when it is needed, who can apply, how it works and how long it takes.
With over 225 years of experience behind us, we help clients across Cheshire and Shropshire with wills, trusts and probate. If you need advice on an estate you are dealing with, call us on 01270 624225 or email enquiries@hibberts.com.
In the UK, probate is the legal process that gives someone the authority to deal with a deceased person’s estate. That means all their property, money, possessions and debts.
The Grant of Probate is the document at the centre of the process. It is official recognition by the court that the will is valid and that the executor is authorised to manage the deceased’s estate. It is needed when the deceased has left assets that require legal transfer, such as property or significant bank balances. Without it, the executor has limited power over the estate. If you need help with the application itself, see our Grant of Probate solicitors page.
Probate is not always needed after someone dies. It depends on what assets the person has left behind.
You will usually need to apply for probate if:
Probate is not usually needed if:
You can find out whether you need to apply by contacting the financial organisations the person who died used, such as their bank or mortgage company.
If there is a will, the person or people named in it as executors have the legal right to apply for probate. If a named executor does not wish to act, they can renounce (formally step down) or allow another executor to apply. Without a will, it is the responsibility of the closest living relative, following the rules of intestacy. Applicants must be over 18 and legally capable.
When a person dies without a will, they are said to have died intestate, and the laws of intestacy decide who administers and inherits the estate. As no executor has been appointed, a close relative must apply for a document called letters of administration instead of a grant of probate. Although they have different names, the two documents do the same thing: they allow the named person to administer the estate.
Under the rules of intestacy the estate goes first to the closest relatives, starting with the spouse or civil partner and children. If there are no direct descendants, it passes to other relatives in a specified order. It can take longer to administer an estate without a will, because these rules determine who inherits and they do not always recognise modern family structures.
Depending on the size and complexity of the estate, probate can take months, sometimes years, to complete. The process can be roughly split into five stages. For a fuller walk-through, see our Probate Process Explained page.
First, the estate must be valued. This means gathering information and documents about the deceased’s assets and liabilities to calculate the overall value of the estate. GOV.UK explains how to value an estate. At this stage, the people entitled to inherit should also be identified, under the terms of the will or the rules of intestacy.
Once the estate has been valued, you must work out whether you need to submit information to HMRC or pay inheritance tax. If inheritance tax is due, you have six months from the date of death to pay it, and one year from the date of death to report the estate’s value to HMRC. You cannot apply for probate until this step is complete. If no inheritance tax is due and the estate qualifies as an “excepted estate”, you can usually skip this step.
Once HMRC has processed your forms and confirmed receipt, you can apply to the Probate Registry for the grant of probate or the grant of letters of administration, online or by post.
With the grant in hand, you can begin to administer the estate. The first job is to collect in the assets, such as closing the deceased’s bank accounts or selling the property. Before anything is distributed to beneficiaries, the executors must settle any outstanding debts and pay the estate’s administration expenses, including any further inheritance tax or other taxes due.
With all debts settled, the executor or administrator distributes the balance of the estate to the beneficiaries, as set out in the will or by the rules of intestacy.
The timeline is different for every estate. For small and straightforward estates, probate can often be completed within six months. Larger or more complex estates can take a year or more to finalise.
The most common reasons probate is delayed are:
Being organised with documentation, taking professional advice and responding promptly to queries from your solicitor, HMRC and the Probate Registry all help to keep things moving. For a stage-by-stage timeline with typical waiting times, see our guide How long does probate take?
Even after probate has been granted, it is likely to be three to six months, sometimes longer, before beneficiaries receive their inheritance. This gives the executor or administrator time to collect the assets, close bank accounts, sell property or shares, settle debts, pay expenses and calculate how the final balance is to be divided.
Probate costs in the UK vary widely. They typically include:
It is worth budgeting for these, as they reduce the net value of the estate that reaches the beneficiaries.
Beneficiaries have the right to be kept informed about the probate process and to receive their share of the estate as set out in the will or under the intestacy rules. They also have a responsibility to cooperate with the executors, and may need to provide documents or information. Beneficiaries should be aware of their right to challenge the will if they believe it is invalid.
A will can be contested on several grounds, such as undue influence, lack of testamentary capacity, or failure to comply with the legal requirements for a valid will. Contesting a will means legal proceedings and must be done within a specific timeframe. Our will dispute solicitors page explains the grounds in more detail.
A will can also be varied after death by agreement. A deed of variation lets beneficiaries rearrange or redirect their inheritance, usually for tax reasons or to share the estate more equitably. All affected beneficiaries must agree, and it must be completed within two years of the death. See our guide to deeds of variation.
It is possible to apply for probate yourself without a solicitor. The real question is whether it is wise to.
The time after someone dies is emotional and difficult. There is usually a great deal to organise, from practical arrangements to supporting family members, all while coping with grief. Most people do not have the time or headspace to take on a complex legal process as well.
The process is also risky if you do not understand probate law. A mistake in valuing the estate, reporting to HMRC or applying for probate can cause delays, penalties or even personal financial liability for the executor.
At Hibberts Solicitors we can act for you throughout the probate process, protecting your position as executor and keeping the administration moving as smoothly and efficiently as possible.
We have supported families across Crewe, Nantwich, Tarporley, Whitchurch and the wider Cheshire and Shropshire area since 1799, giving us over 225 years of experience helping clients through probate. Our approach is practical, compassionate and personal.
If you need help applying for probate or administering an estate, contact our wills, trusts and probate team on 01270 624225 or email enquiries@hibberts.com.
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