Probate explained – a clear guide to the process in England & Wales

Probate explained

 

Probate can feel confusing, especially if you’ve never dealt with it before. There are different rules depending on whether there is a will, what assets are involved, and what stage the estate is at. This page is designed to help you understand the process and find the information that is most relevant to your situation.

 

Rather than presenting probate as one long checklist, we’ve organised our guidance by topic. You can read only what you need, in plain English, and return later if your situation changes.

 

How to use this page

 

If you already know what you’re dealing with — for example, applying for probate or selling a property — you can go straight to the relevant section below.

 

Do you need probate?

 

Not every estate requires probate. This section helps you understand when probate is needed, and when it may not be required, depending on the size of the estate, how assets are held, and whether there is a will.

 

This is often a useful starting point if you are early in the process.

 

Topics covered include:

​

• Small estates

• Jointly owned assets

• Estates with a will

• Estates without a will

 

→ Find out whether probate is needed

 

Applying for probate

 

This section explains how the probate application process works in England and Wales, including what forms are required, how long it typically takes, and what commonly causes delays or problems.

 

It’s most relevant if you are about to apply for probate, or you’ve already applied and are unsure what happens next.

 

Topics covered include:

​

• How to apply for probate

• Common application mistakes

• Probate delays and rejections

• Applying yourself vs using a specialist

 

→ View guidance on applying for probate

 

Executors and estate administration

 

If you’ve been named as an executor, this section explains what you are responsible for and what the role involves in practice.

 

It focuses on practical responsibilities rather than legal jargon, and helps you understand where mistakes can happen and how to manage the role safely.

 

Topics covered include:

​

• What executors are required to do

• Acting with multiple executors

• Executor liability and risks

• Estate accounts and record-keeping

 

→ View executor and estate administration guidance

 

Property and homes in probate

 

Property often adds complexity to an estate. This section covers the most common questions about dealing with a home during probate, whether it is being sold, lived in, or left vacant.

 

It is relevant for executors, beneficiaries, and family members involved in property decisions.

 

Topics covered include:

​

• Selling a property in probate

• Living in a probate property

• Valuations for probate purposes

• Managing or securing a vacant property

 

→ View property and probate guidance

​

Money, tax and accounts after death

 

This section explains what happens to bank accounts, bills, and financial matters after someone dies, and how executors typically deal with them during the administration of an estate.

 

It focuses on practical handling rather than tax advice.

 

Topics covered include:

​

• Bank accounts after death

• Paying bills and expenses

• Executor reimbursement

• Inheritance tax basics

 

→ View guidance on money and accounts