What is probate, and do I need it?

What does probate mean?

Probate is short for “a Grant of Probate.” It’s a legal document issued by the Probate Registry (part of HMCTS) that confirms the named Executors have the authority to deal with the deceased’s estate. Without this document, most financial institutions and the Land Registry will not release funds, transfer property, or allow assets to be dealt with.

If there is no Will, the equivalent document is called Letters of Administration. It serves the same purpose but is applied for by an Administrator (usually the closest next of kin) rather than an Executor. YouCanDoProbate supports both.

Do I need probate?

Not every estate requires probate. Whether you need it depends primarily on the types of assets held and how they were owned. As a general guide:

Probate is usually required when:

• The deceased owned property or land in their sole name
• They had bank or building society accounts above a certain value (thresholds vary by institution, but many require probate for accounts over £5,000 to £25,000)
• They held investments, shares, or ISAs in their sole name
• They had life insurance policies not written in trust

Probate is usually not required when:

• All assets were jointly owned and pass automatically to the surviving owner
• The estate is very small (most banks have a small estates process for accounts under a set threshold)
• Assets were held in trust
• Life insurance policies were written in trust and pass directly to beneficiaries

If you’re not sure whether you need probate, the best first step is to contact each financial institution directly. Most will tell you their requirements.

When is probate not required?

Joint assets pass automatically to the surviving owner without the need for probate. A common example is a jointly owned property held as “joint tenants.” On the death of one owner, the property passes automatically to the surviving owner, and a death certificate is usually all that’s needed.

Bank accounts held jointly work the same way. The surviving account holder can continue to use the account without applying for probate.

For small estates, many banks have their own small estates process that allows them to release funds without a full Grant of Probate. The threshold varies by institution, so it’s worth checking with each one.

How long does probate take?

There are two timeframes to consider. First, the time to prepare and submit the application, which depends on how quickly you can gather the required information and complete the forms. Second, the time for HMCTS to process the application once it’s been posted.

Most of our customers who use YouCanDoProbate receive their Grant of Probate within 3 to 6 weeks of posting their completed application. Some receive it faster. Processing times at HMCTS vary and are outside our control, but submitting an accurate and complete application from the start reduces the risk of delays.

Can I apply for probate without a solicitor?

Yes. There is no legal requirement to use a solicitor to apply for probate in England and Wales. Many people apply themselves successfully.

The challenge of going it entirely alone is that the process involves calculating the estate, applying inheritance tax exemptions, determining whether IHT forms are required, choosing the correct forms, and completing them accurately. These are manageable steps, but they require care and an understanding of the rules.

YouCanDoProbate handles all of that for you. You enter the same information you’d give a solicitor, and the platform completes all your Probate and Inheritance Tax forms, applies every exemption, and gives you step-by-step submission guidance.

What does it cost?

Applying for probate yourself involves two costs.

The government Probate Registry fee: £526 for estates over £5,000, paid directly to HMCTS. This fee applies regardless of which route you take, solicitor, DIY, or an online platform.

If you use YouCanDoProbate: a one-off platform fee of £499 including VAT, which covers the guided walkthrough, all your completed forms, and unlimited support throughout.

If you use a solicitor: fees typically range from £1,500 to £10,000 or more for a straightforward estate. Some solicitors and banks charge a percentage of the estate value, which on larger estates can be significantly more.