Trustestate is no longer authorised and regulated by the Solicitors Regulation Authority (SRA). We stopped offering reserved legal activities on 2 April 2026.
Most common probate questions, so you’ll know what to expect every step of the way.
Most common probate questions, so you’ll know what to expect every step of the way.
Probate can be a complex process, but we’re here to help. This page answers some of the most common questions about probate, so you can understand what to expect.
Please note, this page is meant for general informational purposes and should not be considered as legal counsel.
Probate is the legal process of sorting the estate (property, money and possessions) of someone who’s died. Whether you need it depends on the threshold set by the bank or financial organisation – this can be anywhere between £5,000 and £50,000. The probate registry charges £300 to apply and it takes approximately 16 weeks to be granted.
Grant of Probate is the legal document you’ll get if the person left a will. If they didn’t leave a will, you’ll get a Grant of Letters of Administration instead.
Owned property or assets in their sole name or as ‘tenants in common’, &
The value exceeds the threshold set by the bank or financial institution involved.
The probate threshold is set by individual banks and financial organisations, not the government. This is often between £5,000 and £50,000 – each organisation has their own rules on how much money they can release before seeing a Grant of Probate.
Had an estate valued at less than £5,000
Owned shares or money with others - this passes to the surviving owners (unless they’ve agreed otherwise)
Owned land or property as ‘joint tenants’ with others - this passes to the surviving owners
It’s best to check with the relevant bank or financial organisation to be sure.
The copy of the Will might be online, with their solicitor, or printed and stored with other important documents. The Will should name an executor, who’s responsible for sorting the estate and carrying out the person’s wishes.
If there’s no executor, or the named executor cannot act/gives up their role, the next of kin or beneficiaries can apply to be the administrator of the estate instead. If you can’t find a Will or letter of wishes, that’s okay. Their estate will need to be shared out according to the rules of intestacy instead.
The whole process of sorting out the estate usually takes 6 to 12 months, but can take longer. While there is no specific timeframe for finalising the probate process itself, it’s crucial to be aware of one essential time constraint: Inheritance Tax (IHT). Any IHT owed on the estate must be settled within six months from the date of the individual’s passing.
Before you apply for probate, check if the estate is subject to inheritance tax (IHT). You’ll generally need to pay 40% if the estate is worth more than £325,000 unless there are other allowances/reliefs available.
Check out our guide on everything you need to know about inheritance tax in the UK, including ways to minimise the tax you pay.
If IHT is due, submit the form, pay the IHT. There are a number of payment options available where there aren’t funds available to pay all of the IHT at once.
If IHT isn’t due, you’ll still need the estimated value of the estate to apply for probate.
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Trustestate is the trading name of TE Legal Limited (registered in England & Wales, number 15366078). Trustestate is no longer authorised and regulated by the Solicitors Regulation Authority (SRA). We stopped offering reserved legal activities on 2 April 2026.