Whether you're an executor, beneficiary, or just starting to understand the probate process, you're bound to have questions.
This page covers the most frequently asked probate questions, clearly and concisely.
From applying for probate to handling property, timelines, and legal terms, we’ve got you covered.
If you’re looking for probate-related insurance, such as protecting unoccupied property or your own responsibilities as an executor, we’ve included links to relevant guides and policies throughout.
Probate is the legal process of proving a will (if one exists) and giving someone the authority to manage a deceased person's estate. It includes valuing assets, paying debts and taxes, and distributing what's left to the right people. In the UK, this often requires a Grant of Probate or Letters of Administration (if there is no Will).
To learn more read: What is Probate?
Probate in the UK typically takes 9 to 12 months from start to finish, though simpler estates may be completed in 6 months if there are no disputes, property sales, or tax issues.
To learn more read our blog post: How long does Probate take?
If there’s a valid will, probate typically takes 6 to 9 months. Digital applications can speed this up, and executors may distribute sooner with probate insurance, no need to wait six months if the estate is low risk and properly protected.
Read our post: How does Probate take with a Will
Probate is required when someone dies owning assets in their sole name, such as property, savings, or investments, and the institutions involved ask for legal authority to release them. It’s not usually needed for small estates or jointly owned assets that pass automatically to a surviving co-owner.
Yes, you can. If the estate is straightforward and you’re comfortable with legal and financial paperwork, you can apply for probate without using a solicitor. However, you’ll be personally liable for any mistakes, so it's best to seek legal advice if the estate is complex or contested.
Read our Guide 'Everything you need to know about DIY Probate.'
Absolutely. DIY probate is permitted in the UK for executors or administrators handling relatively simple estates. However, it requires time, attention to detail, and an understanding of legal responsibilities.
Read our Guide 'Everything you need to know about DIY Probate.'
It can be cost-effective if the estate is simple and uncontested. However, mistakes can result in delays, tax penalties, or personal liability. If the estate involves property, debts, or potential disputes, it may be safer to appoint a solicitor.
Read our Guide 'Everything you need to know about DIY Probate.'
DIY probate risks include underestimating the estate’s value, missing debts or beneficiaries, distributing assets too early, or arranging inadequate insurance. Executors are personally liable for any financial loss to beneficiaries or creditors, even years later.
Read our Guide 'Everything you need to know about DIY Probate.'
Probate is typically required when the estate includes assets worth more than £5,000 or when banks, building societies, or asset holders request it before releasing funds. Each institution may set its own threshold.
Read our Guide 'Everything you need to know about DIY Probate.'
All assets, including house contents, become part of the deceased’s estate. These are managed by the executor or administrator and must not be sold, given away, or used until probate is granted.
Read our Guide 'Everything you need to know about DIY Probate.'
Don’t rush to distribute assets before probate is granted. Avoid selling or clearing property contents prematurely. Don't ignore debts or tax obligations. Importantly, don’t act as executor without understanding your legal responsibilities.
Read our Guide 'Everything you need to know about DIY Probate.'
Generally, no. Chattels (personal belongings) should not be sold until probate is granted, unless the estate is very small and doesn't require probate. Selling items too early could lead to personal liability if the estate is later disputed.
Read our Guide 'Everything you need to know about DIY Probate.'
It depends on the complexity of the estate and your comfort with legal and financial processes. If the estate is simple—such as a home, a few bank accounts, and no debts, DIY probate may be a reasonable option.
However, you’ll be personally liable for any mistakes. Probate can involve complex tax forms, valuation responsibilities, and pressure from beneficiaries. You also can’t insure against errors or omissions you make.
If you’re unsure or the estate involves foreign assets, large debts, or possible disputes, it’s safer to appoint a solicitor.
Read our blog 'Should you be doing Probate Yourself' for more information.
A formal legal notice sent before court action in a probate or inheritance dispute. It outlines the claim and invites a response.
Read more: Letter of Claim in Probate: Protect Yourself Legally
Acknowledge it quickly, avoid responding alone, and seek legal advice. Delays or missteps can lead to personal liability.
Read more: Letter of Claim in Probate: Protect Yourself Legally
Ignoring it can escalate the dispute and harm your legal position. Courts expect proper engagement under pre-action rules.
Read more: Letter of Claim in Probate: Protect Yourself Legally
Anyone with legal grounds to contest a Will or estate—typically beneficiaries, family members, or dependants.
Read more: Letter of Claim in Probate: Protect Yourself Legally
It should outline the claim, legal basis, evidence, and a deadline for reply.
Read more: Letter of Claim in Probate: Protect Yourself Legally
Challenges to a Will, claims under the Inheritance Act 1975, and disputes over executor conduct are most common.
Read more: Inheritance Disputes: A Practical Guide for Executors
If a Will is found torn or damaged, it may be challenged as revoked. These disputes often involve questions of intent and validity.
Read more: Inheritance Disputes: A Practical Guide for Executors
Yes, especially if they were financially dependent on the deceased.
Read more: Inheritance Disputes: A Practical Guide for Executors
By staying neutral, halting distributions, and getting legal advice early. Executor Insurance and record-keeping are also essential.
Read more: Inheritance Disputes: A Practical Guide for Executors
Yes. Inheritance dispute solicitors specialise in resolving these claims without court, or defending them if they escalate.
Read more: Inheritance Disputes: A Practical Guide for Executors
Executors should stay neutral, pause any distributions, and seek legal advice to avoid personal liability or escalating conflict.
Read more: Unequal Inheritance Between Siblings: What Executors Should Know
Yes, especially if one child feels financially disadvantaged or excluded. Claims may be made under the Inheritance Act 1975 or by challenging the Will’s validity.
Read more: Executor’s Guide to Unequal Inheritance Between Siblings
Potentially. Executors may face personal liability if they ignore disputes or distribute assets (without Early Distribution Insurance) before a claim is resolved.
Read more: Executor’s Guide to Unequal Inheritance Between Siblings
Keep full records of the Will, solicitor notes, asset valuations, and all correspondence. This protects you if you face legal scrutiny later.
Read more: Executor’s Guide to Unequal Inheritance Between Siblings
Be transparent, share timelines, avoid favouritism, and seek mediation or legal support if communication breaks down.
Read more: Executor’s Guide to Unequal Inheritance Between Siblings
As an executor or administrator, you can be personally liable for defending claims and covering losses if you don’t have Probate Insurance, even when the claim is made against the estate, not directly against you.
Contentious probate isn’t limited to courtroom battles; it often begins with disagreements over who inherits, how the estate is handled, or whether the Will is valid.
These situations may involve someone being left out of the Will, a dispute over how much someone should receive, concerns about how the Will was created, or confusion when no Will exists. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are particularly common.
Such disputes can delay the probate process, increase costs, and expose executors to personal liability. It’s far better to identify and address potential risks early, before they escalate.
They’ll assess your situation, confirm whether a claim is unlikely (which may help you qualify for Early Distribution Insurance), or provide expert guidance on how to protect both yourself and the estate from risk.
Probate Insurance can help protect against:
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Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.