Authority, values, records, and risk
Probate is the legal authority to deal with someone else's estate after death. It is also a point where hidden wills, false values, tax mistakes, executor misconduct, and fraud can start to become visible.
A low public estate value, a delayed grant, or a private executor is not automatically fraud. But those facts can justify asking for source documents, checking official records, preserving evidence, and getting specialist advice before assets are distributed.
GOV.UK defines probate as the legal right to deal with a deceased person's property, money, and possessions. If there is a will, the named executor can apply. If there is no will, the closest entitled relative may apply for letters of administration.
The equivalent process is normally called confirmation, not probate. An executor-dative or executor-nominate may need confirmation before dealing with assets in the deceased person's sole name.
nidirect explains that authority from the High Court may be needed to deal with the estate. If there is a will, a Grant of Probate is issued; if there is no will, Letters of Administration are issued.
The details vary by jurisdiction and estate size, but the clean process has the same spine: identify the correct will, value the estate honestly, report tax where required, apply through the right court or registry route, then account before distributing.
| Step | Correct approach | Why it matters |
|---|---|---|
| Find authority | Locate the latest original will and codicils. Confirm who the executors are, or who can apply if there is no will. | The wrong applicant can move the estate before the right will or right family route is checked. |
| Check if a grant is needed | Ask banks, insurers, investment platforms, pension providers, and the Land Registry or property equivalent what authority they require. | Probate may not be needed for some jointly owned or small assets. That can be legitimate, but it can also be used to avoid scrutiny if the explanation is vague. |
| Value assets and debts | Identify property, money, investments, personal possessions, business interests, foreign assets, debts, gifts, trusts, and life policies where relevant. | GOV.UK says estate valuation must happen before applying for probate, and the value affects tax reporting and payment deadlines. |
| Report tax where required | If Inheritance Tax is due or full details are needed, use the correct HMRC route before probate. Keep valuation evidence. | GOV.UK says IHT400 is normally due within one year where IHT is owed or full details are required, and IHT must be paid by the end of the sixth month after death to avoid interest. |
| Apply for grant or confirmation | Use the right England and Wales, Scotland, or Northern Ireland process. Send the original will where required and do not damage bindings or staples. | The grant or confirmation is the authority many organisations need before releasing assets. |
| Account and distribute | Pay debts, taxes, expenses, and legacies in the right order. Keep estate accounts and distribute according to the will or intestacy rules. | Beneficiaries may need accounts to understand whether the estate was handled properly. |
In England and Wales, GOV.UK says a new probate record is normally online about 14 days after probate is issued. The search can show whether probate has been issued, the type of grant, and lets people order the probate record, including a will if that grant type contains one.
A public probate value is not a full forensic estate account. It may not explain every asset passing outside the grant, all deductions, lifetime gifts, trust issues, joint property, or later tax corrections. Treat it as a clue, not a complete answer.
It is legitimate for some estates not to need a grant. It is suspicious when someone uses "privacy", "probate is not needed", or "the figures are none of your business" to hide a later will, avoid tax, suppress estate accounts, or distribute assets before reasonable questions are answered.
Probate fraud can be civil, tax, criminal, or all three. The same facts may point to executor misconduct, an inheritance tax problem, a forged document, theft from an estate, or fraud by false representation, failure to disclose information, or abuse of position.
| Pattern | What it may look like | What to check |
|---|---|---|
| Undervaluing property | A house is listed low, then quickly sold or transferred for much more, or valuations are missing, informal, or from connected people. | Estate agent valuations, RICS valuation, sale price, Land Registry, mortgage statements, insurance values, and correspondence with HMRC. |
| Omitting assets | Bank accounts, investments, crypto, jewellery, vehicles, business interests, foreign assets, rent, refunds, or debts owed to the deceased are left out. | Bank statements, tax returns, pension records, share registrars, crypto wallet evidence, company records, emails, and household papers. |
| Inflating deductions | Debts, funeral costs, care fees, loans, or executor expenses appear larger than expected or lack receipts. | Invoices, loan agreements, creditor letters, funeral account, care-home statement, bank payments, and executor expense logs. |
| Hiding a will or codicil | Someone applies as if there is no will, uses an old will, or delays search results while assets are moved. | Missing Will searches, solicitor files, storage records, home papers, will-register checks, probate standing search, and caveat advice. |
| Keeping figures inconsistent | Different values are given to beneficiaries, HMRC, banks, the court, insurers, estate agents, or buyers. | Create a comparison table with the date, recipient, value, asset, document source, and who supplied the figure. |
| Late application or late tax reporting | The grant is delayed while assets disappear, or tax reporting is left until pressure starts. | Death date, IHT deadline, grant date, asset movement dates, bank withdrawals, property sale timeline, and correspondence with executors. |
| Executor self-dealing | An executor buys estate assets cheaply, pays themselves unexplained sums, uses estate money, or favours one beneficiary. | Estate accounts, sale records, valuations, bank statements, conflict notes, invoices, and beneficiary correspondence. |
| Concern | Possible route | Evidence to preserve |
|---|---|---|
| Wrong person applying, hidden will, or validity dispute before grant | Specialist probate advice; caveat route in England and Wales or Northern Ireland where appropriate; Scots-law advice for confirmation concerns. | Will copies, solicitor letters, messages, search logs, grant searches, medical/capacity concerns, and timeline. |
| False tax values or hidden assets | HMRC tax fraud report route where tax evasion or asset hiding is suspected; specialist legal/tax advice. | Known assets, sale prices, valuation evidence, public grant value, bank records, property records, and who gave each figure. |
| Theft, forgery, fraud, threats, coercion, or abuse of position | Police, Report Fraud for England, Wales, and Northern Ireland fraud/cyber routes where appropriate, 999 if immediate danger. | Original documents, screenshots, bank entries, forged signatures, witness names, threats, and access-control evidence. |
| Executor not accounting after grant | Written request for estate accounts, solicitor letter, court route for executor misconduct or removal where justified. | Grant, will, estate accounts requested, distribution records, dates, and missing explanations. |