So, what is probate? Probate is the legal process of confirming that a Will is valid and authorising the named executor to manage and distribute the estate. If there is no Will, a similar process called letters of administration gives someone authority to act.
Probate protects both beneficiaries and creditors by ensuring that:
Most banks, insurers, and financial institutions will not release funds or close accounts without a Grant of Probate or Letters of Administration, especially if the estate value is above £5,000–£10,000.
Probate is usually required if the deceased:
It’s not always needed for small estates or when all assets are jointly owned, as they often pass automatically to the surviving co-owner.
All applications are processed through the HMCTS Probate Registry in England and Wales.
Executors or administrators can apply for probate themselves (DIY), use a solicitor, or work with a probate specialist.
This process typically takes between 6 and 12 months, depending on complexity. For more details, read our posts:
In some cases, yes if:
Even so, many institutions will still ask for proof of authority before releasing funds. A professional can help assess whether probate is truly necessary.
Probate insurance provides protection for executors and administrators against legal or financial risks when handling an estate. The main types include:
These policies offer peace of mind and can help speed up estate distribution.
Probate is a key part of estate administration. It provides the legal go-ahead to manage someone’s assets after they die, whether or not a Will exists. While it can be time-consuming, using digital tools, proper planning, and optional insurance can make the process smoother and safer.
This article provides general information only and should not be taken as legal advice. For specific probate guidance, please consult a qualified probate solicitor. Find a Probate Solicitor here.
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.
Arrange a FREE consultation with a Contentious Probate Solicitor.
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.
Rob Faulkner is a leading expert in executor insurance risk and probate insurance, with nearly 30 years’ experience in the UK insurance market. He is the founder of Insuristic, a specialist provider of probate-related insurance solutions and educational content for executors.
Rob is an ACII Chartered Insurance Broker, a Chartered Manager, and a Member of the Chartered Institute of Marketing. His background spans insurers, brokers, and Insurtechs, always focused on innovation, transparency, simplicity, and fair value.
He’s passionate about helping everyday people, executors, beneficiaries, and law firms choose the right probate property insurance or unoccupied home insurance, without jargon, inflated fees, or hidden commissions.
Rob is especially passionate about product development and improving insurance education through marketing, helping people understand what they are buying. These values sit at the heart of everything we do at Insuristic.
Want to learn more? Visit my author page or follow me on LinkedIn.
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