Plain-English information for England and Wales

Probate, explained without the mystery

Understanding what happens later

When might an executor need probate?

Probate gives someone legal authority to deal with an estate. It is not needed in every case, and organisations have their own rules about when they need to see a grant.

With a willExecutors normally apply for a grant of probate when one is needed.
Without a willAn eligible person may apply for letters of administration.
Not always requiredSmall estates or jointly owned assets may sometimes be handled without it.

What does the personal representative do?

  • Finds the will if there is one
  • Values the estate
  • Reports and pays any tax due
  • Pays debts
  • Applies for the grant when needed
  • Distributes what remains

Why does a will still matter?

A will does not remove every probate step, but it names the people you want to act and records who should receive the estate.

When might professional advice be useful?

  • The estate is disputed or insolvent
  • There are overseas assets
  • Tax is complicated
  • A trust is involved
  • No one feels able to deal with the work

Plan ahead

How can you make things easier for your executors?

A well-written will and an organised record of important documents both make a difference.

Sources checked 13 July 2026