When Do I Need to Start Probate?

If you're reading this, you may have recently lost someone important to you. We're sorry for your loss. There is no rush to read everything at once. Come back when you're ready.

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Probate is one of those words that feels heavy and complicated at the worst possible time. Most people hear it and immediately worry they're already behind, or that they've missed something important.

In most cases, you haven't. And there's a process to follow that, when taken one step at a time, is far more manageable than it first appears.

This article will help you understand what probate actually is, when you need to apply for it, and why getting the order of things right matters more than rushing to submit anything quickly.

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What is probate?

Probate is the legal process that gives an executor authority to deal with the estate of someone who has died. In England and Wales it's called a Grant of Probate (or Letters of Administration if there's no will). In Scotland, the equivalent is called Confirmation, issued by the Sheriff Court.

Without it, banks, the Land Registry, and other institutions won't release assets held in the person's sole name.

It's worth knowing that probate is not always required. Whether you need it depends on what the person owned, and how they owned it.

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Do you actually need probate?

Before worrying about when to start, it's worth checking whether you need probate at all.

Probate is generally required when the person who died held:

• Property or land in their sole name
• Bank or savings accounts above a certain threshold (this varies by bank, but is often anywhere from £5,000 to £50,000)
• Shares or investments in their sole name

Probate is generally not required for:

• Assets owned jointly, such as a joint bank account or a property held as joint tenants, which pass automatically to the surviving owner
• Life insurance or pension death benefits that have a named beneficiary
• Very small estates made up only of cash and personal possessions If you're not sure which applies to your situation, that's completely normal. One of the first things EstateCopilot helps you work out is whether probate is required at all, and which path is right for your circumstances.

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The steps that come before probate

Here is the important thing many people don't realise: probate is not the first step. There are several things that need to happen before you can apply, and skipping ahead can cause problems later.

1. Register the death

This must be done within five days in England and Wales (eight days in Scotland). You'll need to do this at the local register office, and you'll want to obtain several certified copies of the death certificate. Banks, insurers, and other institutions will each typically need their own copy.

2. Locate the will

If there is a will, you'll need the original document. Check at home first, then with any solicitor or bank that may have been storing it. You can also search the National Will Register. The will confirms who the executor is and sets out the person's wishes.

If there is no will, the estate is dealt with under intestacy rules, which set out who inherits in a fixed legal order.

3. Tell the right people

You can use the Tell Us Once service (available in England, Wales, and Scotland) to notify multiple government departments at the same time, including HMRC, the DVLA, and the Department for Work and Pensions. This saves a great deal of time and avoids having to make the same call over and over.

4. Value the estate

Before you can apply for probate, you need to know what the estate is worth. This means listing all assets (property, bank accounts, investments, vehicles, personal possessions, and any money owed to the person who died) and all liabilities (debts, mortgages, and funeral expenses).

The net value of the estate affects both whether inheritance tax is due and which forms you'll need to complete.

5. Work out the inheritance tax position

Only around 4% of UK estates pay inheritance tax, so there's a good chance it won't apply to you. But you still need to confirm this before applying for probate.

The standard nil-rate band is £325,000. If the person who died was leaving their home to direct descendants, an additional residence nil-rate band of up to £175,000 may also apply. If the estate is below the relevant threshold, you'll complete a simpler declaration. If tax is due, it generally needs to be paid (or the first instalment made) before probate can be granted.

EstateCopilot includes a five-step inheritance tax assessment that works through your situation and tells you exactly which forms you need and whether tax is likely to apply.

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So when should you actually apply for probate?

You apply for probate once the estate has been valued and the inheritance tax position has been confirmed. There is no fixed deadline for the probate application itself, but inheritance tax (if applicable) must be paid within six months of the end of the month in which the person died. That deadline is what typically sets the pace.

For most families managing a straightforward estate, the probate application is submitted somewhere between two and six months after the death, once the preparatory steps have been completed properly.

The grant itself takes roughly four to sixteen weeks to come through in England and Wales, and four to eight weeks in Scotland.

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What happens after probate is granted?

Receiving the grant is a milestone, but it's not the end. Once you have it, you can:

• Close or transfer bank accounts
• Transfer or sell property
• Collect investments and any money owed to the estate
• Pay remaining debts and liabilities
• Distribute what remains to the beneficiaries The full process of administering an estate, from death to final distribution, typically takes nine to twelve months. That timeline can feel daunting. But it's made up of individual steps, and none of them need to be done in a panic.

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Why the order matters

It can be tempting to try to move quickly, especially when you're fielding questions from family or just want to feel like you're doing something. But submitting a probate application before you've properly valued the estate, or before you've confirmed the inheritance tax position, can lead to delays, incorrect forms, and in some cases the need to start again.

Taking the time to do each step properly is the kindest thing you can do for yourself and for everyone involved.

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You don't have to figure this out alone

EstateCopilot is designed specifically for this situation. It walks you through every stage of the process, from those first difficult days through to final distribution, in the right order, with guidance that's specific to your circumstances and your jurisdiction.

It works across England and Wales, Scotland, and Northern Ireland. It automatically generates the probate application forms, runs the inheritance tax assessment, and shows you which tasks need attention first. You can also invite co-executors and beneficiaries so that everyone stays informed without you having to field constant calls.

If you're at the very beginning and not sure where to start, creating a free account lets you begin at your own pace. There's no pressure. EstateCopilot will be there when you're ready to take the next step.

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A quick summary

• Probate is not always required. It depends on the assets held and how they were owned.
• Several steps come before the probate application: registering the death, locating the will, valuing the estate, and confirming the inheritance tax position.
• There is no deadline to apply for probate itself, but inheritance tax (if due) must be paid within six months of the month of death.
• The full process typically takes nine to twelve months. One step at a time is the right approach.
• EstateCopilot can guide you through every part of the process, from the very beginning.

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EstateCopilot is software that helps executors and families navigate estate administration themselves. It is not a law firm and does not provide legal advice. If the estate is complex, involves a contested will, foreign assets, or significant inheritance tax, we always recommend speaking with a qualified solicitor.