How to Apply for a Grant of Probate UK: Step-by-Step Guide 2026

The grant of probate can only be applied for by a person named as executor in the will. An executor is the person (or persons) appointed in the will to administer the deceased's estate. If the will names more than one executor, they can apply jointly. Under the Non-Contentious Probate Rules 1987, a maximum of four executors can be named on the grant. NAMED EXECUTOR: if you are named in the will as executor, you have the right to apply. You do not need to be a solicitor, accountant, or legal professional — any adult can act as executor and apply for probate themselves. PROFESSIONAL EXECUTOR: where a firm of solicitors or a trust corporation (such as a bank's trust department) is named as executor, they apply through their professional registration at the Probate Registry. POWER RESERVED: if there are two executors and one does not wish to apply immediately, they can sign a 'power reserved' document that allows the other executor to obtain the grant alone, reserving the right to apply jointly later. EXECUTOR HAS DIED OR RENOUNCED: if the only or all executors have died, renounced, or lack capacity, letters of administration with the will annexed (LAWA) are granted instead — the application is made by the person next entitled under the Non-Contentious Probate Rules (typically the residuary beneficiary). If there is no will at all, letters of administration (not probate) are applied for — the applicant is the person entitled under the intestacy rules, typically the spouse first, then adult children. MENTAL INCAPACITY OF EXECUTOR: if a named executor lacks mental capacity, they cannot apply — a co-executor or administrator can act. A deputy appointed by the Court of Protection can apply on behalf of an incapacitated executor in limited circumstances.

The following documents are required for a standard grant of probate application: (1) THE ORIGINAL WILL: you must submit the original, signed, and witnessed will document — not a photocopy or digital scan. If a codicil exists (a later amendment to the will), the original codicil must also be submitted. The Probate Registry retains the original will permanently — it becomes a public document after the grant is issued. You will not get the original back; if you need a copy, take one before submitting. If the original will cannot be found, there is a specific procedure to prove a lost will or a copy will, which requires an affidavit explaining why the original is unavailable; (2) THE DEATH CERTIFICATE: you must submit the original death certificate (issued by the Register Office) or a certified copy. The Probate Registry now accepts online verification in some circumstances, but having the original death certificate available is essential; (3) THE IHT FORMS: HMRC must be satisfied about Inheritance Tax before probate is granted. Depending on the size and nature of the estate, this means either: (a) IHT205 or IHT217 for 'excepted estates' — estates below the IHT threshold (currently £325,000 plus any transferable nil-rate band, or within the increased threshold for qualifying estates) that meet HMRC's conditions; now replaced in practice by the IHT205 online form for deaths on or after 1 January 2022; (b) IHT400 — the full Inheritance Tax account for taxable estates or estates not qualifying as excepted. IHT must be paid (or payment arrangements made) before the Probate Registry will issue the grant. HMRC confirms tax has been dealt with via a receipt or reference number; (4) THE PA1P APPLICATION FORM: the Probate Application (Will) form — PA1P — is the application form for probate where there is a will. It can be completed online via MyHMCTS or downloaded and submitted by post. It asks for details of the deceased, the executors, the estate, and the will; (5) THE PROBATE APPLICATION FEE: the current fee (2026) is £300 for all estates with a gross value over £5,000. There is no fee for estates valued at £5,000 or less. If applying online, the fee is paid at the time of submission. Copies of the grant ('office copies') cost £1.50 each — order as many as you need when applying (banks, HM Land Registry, investment platforms, insurers all need their own copy).

There are two routes: the online MyHMCTS portal and postal application. ONLINE VIA MyHMCTS (RECOMMENDED): the online route is faster and avoids postal delays. The steps are: (1) create a MyHMCTS account at hmcts-hearings-manager.service.gov.uk if you do not already have one; (2) complete the PA1P form online — you will need the deceased's full name, date of birth, date of death, last address, national insurance number, full names and addresses of all executors, details of the will (date, number of witnesses), and a list of assets and their approximate values; (3) upload the death certificate (original must also be sent by post after online submission); (4) confirm the IHT position (enter the IHT reference number from HMRC if IHT has been paid or an excepted estate return submitted); (5) pay the £300 application fee online by debit card; (6) send the original will and any codicils by first class post to the Probate Registry. The Registry will not process the application fully until the original will is received. The online system generates a reference number — quote this when posting the will. BY POST: download the PA1P form from gov.uk, complete in black ink, enclose the original will, death certificate, IHT form (or reference number), and a cheque payable to HM Courts and Tribunals Service for £300. Send by tracked post to: HMCTS Probate, PO Box 12625, Harlow, Essex, CM20 9QE. Order copies of the grant by including a list of how many office copies you require (each £1.50); include a cheque for that amount with the £300 fee. SOLICITOR-ASSISTED APPLICATION: a solicitor or probate practitioner can submit on your behalf. They typically charge a fixed fee or a percentage of the estate value (often 1-2% of the estate). If the estate is complex — business interests, overseas assets, disputed debts — professional help is strongly recommended.

The time from submitting a grant of probate application to receiving the grant has varied significantly in recent years. CURRENT PROCESSING TIMES (2026): as of mid-2026, the HMCTS Probate Registry is targeting 8-10 weeks for straightforward online applications, and 12-16 weeks for postal applications. During peak periods (typically following budget announcements, end of financial year, or after policy changes that trigger a surge in applications), processing times have historically extended to 20 or more weeks. WHAT DELAYS THE GRANT: the most common causes of delay are (a) missing documents — the application is put on hold if the original will, death certificate, or IHT clearance is not received; (b) incomplete PA1P — the Registry will write back to the applicant asking for further information; (c) IHT not cleared — HMRC must confirm the IHT position before the Registry issues the grant; (d) raising a caveat — if someone has lodged a caveat at the Probate Registry objecting to the grant, the application is held up until the caveat is resolved by the court; (e) complex estate — additional enquiries by the Registry or HMRC; (f) postal route — postal applications take longer to process than online. CHECKING THE STATUS: applicants can check the status of their application online using the MyHMCTS portal or by calling HMCTS Probate on 0300 303 0648. WHAT TO DO WHILE WAITING: the executor can and should act during the waiting period. Before probate is issued, the executor can arrange the funeral, notify institutions of the death, begin valuing assets, collect certain small sums from banks under informal procedures, submit IHT forms, and begin preparing for the sale of property (instructing estate agents, obtaining Energy Performance Certificates).

The probate application fee is set by statutory instrument and has been £300 for all estates with a gross value exceeding £5,000 since 2019, when a proposed fee scale (which would have charged up to £6,000 for large estates) was abandoned by the government. CURRENT FEE STRUCTURE (2026): £300 flat fee for any estate with a gross value over £5,000. Free (no fee) for estates with a gross value of £5,000 or less. This fee is per application — it does not increase with the size of the estate (despite periodic political debate about introducing an asset-based scale). OFFICE COPIES: additional sealed copies of the grant are £1.50 each. You will typically need at least 6-10 copies for a straightforward estate: one for each major bank, building society, investment platform, HM Land Registry, plus reserves for insurers and other institutions. It is cheaper and faster to order all copies you need at the time of the application. SOLICITOR'S FEES: if a solicitor applies on your behalf, their fees are separate from and in addition to the court fee. Most solicitors charge either a fixed fee (typically £1,500-£3,000 for a simple estate) or a percentage of the estate value (1-2%, sometimes with a minimum). For a DIY application using the online route, the only mandatory costs are the £300 court fee and the cost of office copies. GRANT FEE AS AN ESTATE EXPENSE: the probate application fee is an administration expense of the estate, properly charged to the estate — the executor does not pay it personally (though they may need to advance the funds initially and reclaim from estate assets once the grant is obtained and bank accounts can be accessed).

No — there is no legal requirement to use a solicitor to apply for a grant of probate in England and Wales. DIY probate (applying as a personal applicant without legal representation) is a legitimate and common option, particularly for straightforward estates. When you CAN apply yourself (personal applicant): the estate is straightforward — a house, bank accounts, savings, and perhaps some investments; the will is clear and unambiguous; there are no disputes about the will or the estate; there are no complex trust arrangements; there are no significant business interests or foreign assets; and IHT is nil or straightforward (excepted estate or clear-cut taxable estate). WHEN TO USE A SOLICITOR: professional help is strongly recommended when: the estate is large (above £1 million or where IHT planning is complex); there are business interests, agricultural assets, or substantial overseas assets; there are contentious circumstances — family disputes, potential Inheritance Act claims, allegations of undue influence or lack of capacity; there are trusts created by the will; the will is unclear, potentially invalid, or subject to dispute; or the estate is insolvent. COSTS OF A SOLICITOR: see the fee notes above. Where a solicitor is appointed by the court (where no personal representative comes forward), fees are charged against the estate. ALTERNATIVE: PROBATE SPECIALISTS: Licensed probate specialists — firms that are not solicitors but are regulated by the Council for Licensed Conveyancers or the Institute of Professional Willwriters — offer probate administration services at typically lower rates than solicitors. They are regulated and insured but do not have the full range of powers of a solicitor. ONLINE PROBATE SERVICES: several regulated online services offer DIY probate support — guide the applicant through the PA1P, handle correspondence with HMRC, and submit the application, at a fixed fee typically between £300-£700 plus disbursements.