What is probate, and how long does it take?

When someone dies, their executor (named in the will) or administrator (appointed if there is no will) needs legal proof of their authority to collect the assets, pay debts and tax, and pass on what is left. That proof is a grant. If there is a will it is called a grant of probate. If there is no will, it is a grant of letters of administration.

No. Assets held jointly, such as a joint bank account or a home owned as joint tenants, normally pass automatically to the surviving owner. Some banks and other organisations will release smaller sums without a grant, but each sets its own rules, so ask them. Property in the sole name of the person who died, or larger sums, usually does need one.

• Court fee: £526 if the estate is worth more than £5,000. There is no fee for an estate of £5,000 or less.
• Extra copies of the grant: £2 each if you order them with your application, or £16 each if you order afterwards. Banks and other organisations often each want an official copy.
• Professional help: if you use a solicitor or probate specialist, their fees come on top and come out of the estate.

Gov.uk advises not to make financial plans or put property on the market until you have the grant. The wait for the grant itself has varied in recent years, from a few weeks to a few months, and is longer if the application is incomplete or needs queries answering. Where Inheritance Tax is due, the estate value has to be reported to HMRC and the tax paid before the grant is issued.

After the grant, collecting assets, selling property, paying tax and distributing the estate commonly brings the whole process to somewhere between 9 and 12 months from the date of death, and sometimes longer. Timings change, so check the current guidance on gov.uk.

A clear, properly made will, with executors who are willing and able to act, avoids many of the delays. Missing executors, unclear wording and disputes are the usual causes of slow estates. See how to choose attorneys and executors.