Probate
What Is Probate and How Long Does It Take?
Probate is the legal process of administering a deceased person's estate — collecting assets, paying debts and distributing what remains to beneficiaries. It typically takes between 6 and 12 months, though complex estates can take considerably longer. At Legacy Lines, we help Kent families understand and navigate the probate process so executors can fulfil their duties with confidence.
In this guide
What is probate?
Probate is the legal and administrative process by which a deceased person's estate is wound up. It involves three broad stages: establishing who is legally entitled to deal with the estate, identifying and valuing all assets and liabilities, and then distributing what remains to beneficiaries after all debts and taxes have been paid.
The term "probate" technically refers to the process of proving that a will is valid and obtaining a Grant of Probate — the official document from the Probate Registry that authorises executors to act. Where there is no will, the equivalent document is called Letters of Administration, and the person appointed is called an administrator rather than an executor.
Once a Grant of Probate or Letters of Administration has been issued, banks, investment platforms, HMRC and other organisations will release information and funds to the executor or administrator.
When is probate needed?
Probate is usually required when the deceased owned:
- Property solely in their name, or as tenants in common
- Bank accounts or savings above the bank's stated threshold (typically £5,000–£50,000 depending on the institution)
- Shares or investments held in their sole name
- Life insurance policies not written in trust
Assets owned as joint tenants — where ownership passes automatically to the surviving owner — do not go through probate. Assets held in trust also fall outside the estate and do not require probate. This is one reason why trust-based wills and lifetime planning can simplify estate administration significantly.
How long does probate take?
| Estate type | Typical timeframe |
|---|---|
| Simple estate, valid will, no disputes | 4–9 months |
| Moderate complexity — property, multiple accounts | 9–18 months |
| Complex — business assets, overseas property, IHT | 1–3 years |
| Disputed estate or contested will | 2–5+ years |
The Probate Registry's current processing time for applications is a significant variable. In recent years this has ranged from 4 weeks to over 12 weeks depending on demand and whether the application is paper or digital.
The probate process — step by step
Register the death
A death must be registered within 5 days in England and Wales. The death certificate is required for most subsequent steps.
Locate the will
Find the original will and any codicils. If Legacy Lines stored the will, executors can retrieve it from us.
Value the estate
All assets and liabilities must be valued as at the date of death. Property requires a professional valuation. HMRC uses these figures to assess inheritance tax.
Pay inheritance tax
If IHT is due, at least the first instalment must be paid before a grant will be issued. IHT must be paid within 6 months of the end of the month of death to avoid interest.
Apply for probate
Complete the probate application and submit it to the Probate Registry with the will, death certificate and probate fee (£300 for estates over £5,000).
Administer the estate
Once the grant is received, collect in assets, pay outstanding debts, and distribute the estate to beneficiaries.
How much does probate cost?
The core costs of probate are:
| Cost | Amount |
|---|---|
| Probate Registry fee (estates over £5,000) | £300 |
| Additional sealed copies of the grant | £1.50 each |
| Solicitor or specialist fees (if used) | 1%–4% of estate value |
| Statutory advertisements in local press | ~£200 (optional but advisable) |
Legacy Lines provides probate support services for executors in Kent. We can assist with the administrative process, provide guidance on your obligations and help you avoid common pitfalls.
Frequently asked questions
What is probate?
Probate is the legal process by which a deceased person's estate is administered. It involves obtaining official permission from the court (a grant of probate or letters of administration) to deal with assets, pay debts and distribute what remains to beneficiaries.
How long does probate take in the UK?
Most estates take between 6 and 12 months to complete probate. Straightforward estates with a valid will and no disputes can be completed more quickly. Complex estates involving property sales, overseas assets, business interests or disputes can take 2 years or more.
Do you always need probate?
Not always. Small estates (typically below £5,000–£10,000 depending on the institution), jointly owned assets passing by survivorship, and assets held in trust do not usually require probate. Most estates containing property or significant bank accounts will require it.
How much does probate cost?
The probate court fee is £300 for estates worth more than £5,000. Professional fees for executors using a solicitor or specialist range from 1–4% of the estate's value. Legacy Lines provides probate guidance and support to help families navigate the process.
Can I do probate myself?
Yes. Executors can apply for probate themselves without using a solicitor or specialist. This is called a personal application. It can save professional fees but requires significant time and attention to detail. Legacy Lines can provide support to executors managing their own probate.