What is probate, and do you always need it?
13 Oct 2026
When you are made responsible for the affairs of someone when they pass away, it seems like the correct thing to do is to say yes, but the reality of the process is different to what a lot of people expect.
Settling the estate and sorting out probate, if necessary, is something that is confusing at the best of times, never mind when someone is grieving the loss of a loved one.
We are here to help with a simple, everyday language guide to whether you need Probate or not for your situation.
Please note: This is a generalised blog post, and for personalised advice, please contact our dedicated Private Client department.
What is ‘Probate’?
Probate definition: the legal process of confirming someone's authority to deal with a deceased person's estate.
This can include property, money, possessions and distributing them according to the Will or the intestacy rules if there's no Will.
When is Probate required?
Probate isn't always needed; certain circumstances trigger the probate process when someone dies.
· There is property solely in the deceased person's name.
· There are bank/ building society balances that are above a certain threshold.
· There are shares or investments that the deceased had solely in their name.
Here are some examples of when Probate is not necessary.
· There is a small estate that doesn’t pass the threshold for the probate process to kick in.
· There is property that is jointly owned by a partner, therefore being automatically passed down to them.
· The assets are already held in a trust.
· Low-value bank accounts (many bank accounts have their own independent thresholds).
Who can apply for Probate?
Executors that are named in the Will can apply for Probate or administrators if there is no Will in place. (intestacy)
How long does it take?
Each Probate case is different, and the timescales for the process can massively differ. Here are the averages for different kinds of estates in the UK.
· Simple estates (cash only). – 3-6 months.
· Average estates (property involved) – 9-12 months.
· Straightforward estates (general estimate) – 6-12 months.
· Complex estates (IHT, property sale and disputes regarding assets) – 12-24+ months.
Common errors
Here are some of the most common errors that people make when doing DIY Probate:
· Undervaluing the estate: Incorrect property or asset valuation can lead to lengthy disputes further down the line.
· Missing Debts or unknown creditors: Executors can be held personally responsible if someone comes forward as a missed creditor after the estate funds have been distributed.
· Errors in Inheritance tax forms: The tax side of the process is complicated, and mistakes on the forms can result in large and unexpected tax bills.
· Distributing the estate funds too early: The Executor needs to ensure a number of things and that every beneficiary is happy with the next steps before distributing funds.
· Failing to request the original Will: Only the original Will is legally recognised, and relying on copies can lead to invalid administration and disputes between beneficiaries.
The Probate process is a confusing thing to undertake, and that, on top of losing a loved one, makes it even harder. Having a helpful hand to guide you through the process can make a big difference.
Get in touch with Sort Legal’s Wills, Probate and Trusts department today!
Email: wtp@sortlegal.co.uk #
Phone: 0333 3231091