Having a will doesn’t eliminate the need for probate in the UK; probate is still required for most estates regardless of whether there’s a will or not. Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die.
Recent data shows that 32,002 probate applications were processed in July 2024, compared to 22,922 applications in the same month the previous year. As of December 2024, average wait times have been reduced to just over four weeks, down from twelve weeks at the end of 2023. With around 80% of grant applications now completed online, digital applications are typically processed in just over two weeks on average.
Table of Contents
Do You Need Probate If There Is a Will?
Probate is the legal process that gives you authority to handle a deceased person’s estate. If there’s a will, you’ll receive a document called a ‘grant of probate’. If there’s no will, you’ll receive ‘letters of administration’. Both are collectively known as ‘grants of representation’.
You should not make any financial plans or put property on the market until you’ve obtained probate. Financial institutions and other organisations need this legal proof that you have the right to handle the deceased’s assets.
Finding the Original Will
Before applying for probate, executors need to locate the original will, which might be:
At the deceased’s house
With a probate practitioner, such as a solicitor
At the national probate registry in Newcastle
If the original will is lost, you may still be able to apply for probate using form PA13. This is an important consideration that many people overlook when preparing for the probate process.
When Might Probate Not Be Required Even If There’s a Will?
While probate is usually necessary when there’s a will, there are certain situations where it might not be needed:
When the estate is worth less than £5,000 (the typical threshold for many financial institutions)
If all assets were owned jointly with a surviving spouse or civil partner as “joint tenants”
When the deceased only had savings accounts with small balances
If the assets are held in trust arrangements designed to avoid probate
When the deceased only owned shares or money jointly with others
How Long Does the Probate Process Usually Take?
The time it takes to complete probate varies a lot depending on how complex the estate is and current processing times:
For simple cases with minimal assets, probate can be completed in as little as 8 weeks
The average processing time is around 12 weeks for standard cases
More complex estates or applications submitted during busy periods may take 16-18 weeks or longer
In particularly complicated situations involving disputes or international assets, probate can take 6-12 months or more
Common Delays in the Probate Process
Several issues can cause significant delays in obtaining probate:
Issues with the will: If you can’t find the original will or only have an unsigned copy, this can cause delays. It’s worth checking if the will was professionally drafted, as the original may be stored at a solicitor’s office.
Missing documents: This is one of the most common reasons probate applications are stopped. Inheritance Tax and Power of Attorney documentation are often the culprits. Applying for probate too early, before all necessary documents are ready, can be counterproductive.
Incomplete application forms: Errors or missing information on probate application forms can lead to rejection and delays.
Applying for Probate: Online vs Paper Applications
| Feature | Online Application | Postal Application |
|---|---|---|
| Processing Time | About 2 weeks on average | Longer (up to 15 weeks) |
| Required Forms | Digital forms via GOV.UK | Form PA1P if there’s a will |
| Original Documents | Send after completing online application | Send with your application |
| Application Tracking | Track status online | Contact service centre for updates |
| Completion Speed | Less than a week for problem-free applications | Up to 15 weeks |
| Convenience | 24/7 access | Dependent on postal service |
You can apply for probate either online or by paper form:
Online application is available if:
The person who died lived in England or Wales
You’re the executor or administrator
You’re the spouse, civil partner or adult child of the deceased
You have the original will and death certificate
You’ve already reported the estate’s value and submitted tax forms
Paper application requires:
Form PA1P (if there’s a will) or PA1A (if there’s no will)
The original will (if applicable)
Completed inheritance tax forms
The application fee (£300 in England and Wales, £310 in Northern Ireland)
Protection Offered by Probate
One key benefit of going through probate, even when not strictly required, is the protection it offers to executors. When a will is probated, it triggers a six-month period during which claims against the estate can be made. After this period, if no claims have been made, the executors are largely protected from future claims, allowing them to distribute assets with confidence.
Without probate, executors remain potentially exposed to legal challenges indefinitely, which is a significant risk many people don’t realise.
When Samantha lost her mother unexpectedly, she faced the daunting task of sorting through a complex probate situation despite having a will in place.
“Mum had a will, but I never realised we’d still need to go through probate,” Sarah explains. “Her house needed urgent repairs, and I couldn’t access her accounts to pay for them. Meanwhile, everything was on hold for months.”
With mounting bills and a property sitting empty, Sarah contacted Property Saviour. We were able to buy her mother’s house directly, giving Sarah the money she needed while the rest of the probate process continued.
10 Common Mistakes in UK Probate Applications
Many people encounter problems during probate due to these common mistakes:
Incomplete or incorrect application forms
Failure to gather sufficient documentation
Errors in valuing the estate
Incorrect payment of Inheritance Tax
Neglecting to notify relevant institutions like banks and insurance companies
Incorrect beneficiary information
Inadequate executor appointment
Inaccurate residue calculations after debts and taxes
Failure to advertise for unknown creditors
Not seeking professional advice when needed
For Raj in Norwich, the probate process became complicated when his uncle died leaving a shared family business property that needed to be sold quickly.
“Despite having what we thought was a straightforward will, the business property caused massive headaches,” Raj recalls. “Our solicitor said it could take six months or more to get probate sorted, but we had ongoing business expenses that couldn’t wait.”
Property Saviour stepped in to purchase the business premises directly, allowing the family to settle outstanding debts and move forward during an emotionally difficult time.
Warning: Beware of ‘Pre-paid Probate’ Services
The Financial Conduct Authority (FCA) has warned about an increasing number of firms offering ‘pre-paid probate’ services, where you pay upfront for probate services to be provided after your death. These services are typically unregulated, meaning there’s little protection if something goes wrong.
Unlike regulated solicitors or accountancy firms, these companies may not:
Have proper complaints procedures
Provide access to financial or legal ombudsmen
Maintain insurance if they go bust
Offer Financial Services Compensation Scheme protection
How long does probate take in the UK?
You’ll usually get probate within 12 weeks of submitting your application, though it can take longer if you need to provide additional information. Recent improvements have reduced waiting times significantly – from twelve weeks at the end of 2023 to just over four weeks by December 2024.
For online applications submitted without issues, probate is granted in less than a week on average. Paper applications typically take longer, with waiting times reduced from over 22 weeks to under 15 weeks as of early 2025.
What happens after probate is granted?
Once you receive the grant of probate, you can begin dealing with the estate. The next steps include:
Sending copies of the probate document to organisations holding the deceased’s assets
Collecting all assets of the estate
Paying any debts or taxes owed
Distributing the remaining assets according to the will
The original will and any codicils will be kept by the probate registry and become public record.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
Do solicitors always need to handle probate?
There is no legal requirement to use a solicitor for probate applications. However, probate is a legal process that must be carried out in a prescribed way, and those administering the estate must swear an oath promising the information they provide is true.
While you can handle the process yourself, professional help might be valuable for complex estates, where inheritance tax is payable, or if you’re not confident managing the legal requirements. Over 250,000 grants of representation were issued in 2015, with 63% of applications submitted by solicitors.
Remember, if you’re unsure about any aspect of probate, organisations like Citizens Advice or the Law Society can provide guidance on your specific situation.
Selling Property During Probate: Your Options
Selling property during probate presents several challenges, but knowing your options can make things easier:
Wait for probate before marketing: The traditional approach, but can cause big delays
Market the property while applying for probate: Start the selling process but wait for probate before completion
Sell to a cash buyer: Companies like Property Saviour can agree to purchase and wait for probate
Use a specialist probate estate agent: Some agencies specialise in probate sales
The biggest headache with probate sales is the uncertainty. Normal buyers get impatient, mortgage offers run out, and chains fall apart. Cash buyers who understand probate timelines are worth their weight in gold, even if you take a slightly lower offer.
Getting Through Probate Successfully
While probate can be complicated and time-consuming, understanding the process helps executors and beneficiaries handle it more confidently. Remember that having a will doesn’t avoid probate-it simply provides clear instructions for how assets should be distributed through the probate process.
If you’re dealing with property that needs to be sold as part of an estate and want to avoid the uncertainties of the traditional market, Property Saviour offers a compassionate solution. As a property buying company that offers a “we buy any property” service with a guaranteed sale, we can provide the certainty and speed you need during this challenging time.
Whether you’re facing complicated family situations, property in poor condition, or simply need a quick and straightforward sale, get in touch with Property Saviour today. Our people-centered approach ensures you’ll be treated with understanding and respect while we help you move forward with confidence.
Sell with certainty & speed
Property Saviour Price Promise
- The price we’ll offer is the price that you will receive with no hidden deductions.
- Be careful with ‘cash buyers’ who require a valuation needed for a mortgage or bridging loan.
- These valuations or surveys result in delays and price reductions later on.
- We are cash buyers. There are no surveys.
- We always provide proof of funds with every formal offer issued.
We'll Pay £1,500 Towards Your Legal Fees
- No long exclusivity agreement to sign because we are the buyers.
- You are welcome to use your own solicitor.
- If you don’t have one, we can ask our solicitors for recommendations.
- We share our solicitor’s details and issue a Memorandum of Sale.
Sell With Certainty & Speed
- Our approach is transparent and ethical, which is why sellers trust us.
- 100% Discretion guaranteed.
- If you have another buyer, you can put us in a contracts race to see who completes first.
- Complete in 10 days or at a timescale that works for you. You are in control.
