Our Probate Services: Understanding the Probate Process

Probate is not always necessary, but in many cases, it’s the only way to legally access and distribute someone’s property, savings, or other assets. And while it’s possible to manage this yourself, many people choose to work with experienced solicitors to reduce stress, avoid delays, and ensure all legal obligations are met.

For a complete overview of how we can support you, download our Probate Services PDF – including fixed-fee options, step-by-step guidance, and practical support for executors.

Probate services PDF front page

When is Probate Required?

Probate is needed when the deceased owned assets in their sole name – such as a house, savings, shares, or certain insurance policies. The threshold for probate isn’t fixed in law but is usually set by each financial institution. Some banks may release funds under £50,000 without it, while others require a grant for amounts over £5,000.

Probate is usually required when:

  • The deceased owned a property solely in their name.
  • Financial assets exceed the bank’s probate threshold.
  • There is no surviving joint owner for key assets.

You likely won’t need probate if:

  • All assets are held jointly and pass automatically to the surviving partner.
  • The estate is small and under the required threshold for banks or insurers.

Whether there is a will or not, the same general process applies – although the legal document you receive will differ. If there’s a living will, you apply for a Grant of Probate. If not, you apply for Letters of Administration.

What Happens During the Probate Process?

The probate process follows a series of legal and financial steps:

  1. Identify and value the estate: This includes assets such as property, bank accounts, pensions, debts, and personal items.
  2. Submit inheritance tax forms: Even if no tax is owed, you’ll still need to report the estate to HMRC.
  3. Apply for probate: Either online or via post, depending on your situation. A solicitor can do this on your behalf.
  4. Receive the grant: Once issued, you can start collecting assets and settling debts.
  5. Distribute the estate: After debts, taxes, and any claims are resolved, the remaining estate is shared among the beneficiaries.

At GoodLaw Solicitors, we offer compassionate and clear guidance throughout the entire process, whether you need help with a single step or full estate administration.

FAQ

The process typically takes 8–12 weeks to receive the grant, but full estate administration can take up to a year, especially if there are properties to sell or disputes to resolve. Delays are common, particularly with more complex estates.

Yes, you can apply online or by post, using the PA1P or PA1A form, depending on whether a will exists. However, probate can be complex, and mistakes in tax reporting or valuation can lead to penalties. Many people prefer to use a solicitor to avoid complications.

A specialist probate solicitor offers clarity, reduces administrative burden, and ensures everything is done in accordance with the law. This is particularly useful when:

  • The estate is large or complex,
  • There are overseas assets,
  • Family disputes are likely,
  • Or the will is unclear.

GoodLaw Solicitors provides fixed-fee options and practical, jargon-free advice to make the process as smooth and stress-free as possible.

You may have to pay a fee to apply for probate, depending on the value of the estate:

  • If the estate is worth over £5,000, the application fee is £300.
  • There is no fee if the estate is worth £5,000 or less.

You can order additional copies of the probate document for £16 each, which can be useful for dealing with multiple banks or institutions at once.

If a second application is made after probate has already been granted – for example, where an executor with ‘power reserved’ later decides to act – a £21 fee applies, even if the estate is below the £5,000 threshold.

For a clear breakdown of our fees to help navigate this process, please get in touch.

Yes. If there is disagreement over the validity of a will, or who is entitled to act, you can stop a probate application by entering a caveat. This puts the process on hold until the issue is resolved. Solicitors can help you do this correctly.

Need Help with Probate?

GoodLaw Solicitors has offices across Sussex and Surrey and provides trusted, compassionate support throughout the probate process. Whether you’re administering a straightforward estate or managing more complex legal issues, our experienced wills and probate team is here to help.

Contact us today.

By Published On: December 3rd, 2025Categories: Resources

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