What Is Probate? A 2025 Guide for Families in the UK

If you’ve recently lost a loved one and are wondering, “what is probate?”, then you’re not alone. Many people turn to Google for answers during one of life’s most difficult moments. At Penerley Solicitors, we specialise in guiding individuals and families through the probate process with clarity, efficiency, and compassion.

What Is Probate?

Probate is the legal and financial process of administering someone’s estate after they die. It involves:

• Proving the validity of a will (if one exists)

• Valuing the deceased’s assets (property, savings, possessions)

• Paying debts, taxes, and any outstanding liabilities

• Distributing the remaining estate to beneficiaries

If there is a valid will, the named executor applies for a Grant of Probate. If there is no will, a close relative can apply for Letters of Administration and act as the administrator of the estate.

How Long Does Probate Take in the UK (2025)?

In 2025, the probate process typically takes 3 to 6 months, depending on the complexity of the estate. Delays may occur if:

• The estate is large or involves property

• There are disputes between beneficiaries

• HMRC investigation is required for Inheritance Tax

• The will is contested

Do I Need Probate If There’s a Will?

Yes, in most cases. A will does not automatically give the executor authority to manage the estate. A Grant of Probateis usually required to:

• Access bank accounts

• Sell or transfer property

• Handle investments or shares

Some smaller estates (usually under £5,000 to £10,000, depending on the bank) may not require probate.

What Are the Executor’s Legal Responsibilities?

Being an executor carries legal obligations, including:

• Locating the will and death certificate

• Valuing the estate (including debts)

• Applying for probate

• Paying Inheritance Tax (if applicable)

• Distributing the estate according to the will

• Keeping accurate records throughout

Executors can be held personally liable for mistakes, which is why many choose to instruct a probate solicitor.

2025 Update: Key Changes Affecting Probate

There are several developments in probate law and practice in 2025 that families should be aware of:

• HMCTS Digital Portal Expansion: The online probate application service is now the default route for most applications. While faster in some cases, the system can be complex for non-lawyers and prone to delays if documents are incorrectly filed.

• Inheritance Tax Threshold Frozen Until 2030: The government has confirmed that the Inheritance Tax (IHT) nil-rate band will remain at £325,000 until 2030. This makes IHT planning especially important for estates exceeding this threshold, as no inflationary increases are expected in the near future.

• Faster Death Notification Services: More financial institutions have joined the “Tell Us Once” and other digital notification schemes, allowing executors to notify banks, insurers, and government departments more easily. 

Can I Do Probate Without a Solicitor?

Yes, but it’s not always advisable. DIY probate may be suitable for simple estates (no property, no debts, no IHT). However, professional support is highly recommended if:

• The estate includes property or shares

• The estate is taxable

• The will is contested or unclear

• There are foreign assets involved

• Beneficiaries are in conflict

At Penerley Solicitors, we offer fixed-fee grant-only services as well as full estate administration, depending on your needs.

Losing a loved one is hard enough, probate doesn’t have to add stress. Our expert probate team at Penerley Solicitors is here to handle the legal and financial process for you, with compassion and precision.