Grant of Probate UK (2026): What It Is, How to Get It & How Long It Takes

A grant of probate is an official document issued by the Probate Registry (part of HMCTS) that confirms: (1) the will is valid; (2) the named executors have authority to administer the estate. It is the legal 'green light' that banks, Land Registry, HMRC, and other institutions require before they will release assets to the executors. Without it, most financial institutions will not release funds above their small-estate threshold (typically £5,000–£50,000, varying by institution). The equivalent document where there is no will — or where named executors cannot act — is Letters of Administration.

You need a grant of probate when the deceased owned assets that require it for release. You typically need probate for: property (land or buildings registered in the sole name of the deceased); bank and investment accounts above the institution's threshold (usually £15,000–£50,000); shares held in the deceased's sole name; premium bonds above £50,000; pension death benefits paid into the estate. You do not need probate for: jointly held assets (these pass automatically by survivorship); assets held in trust; payouts from life insurance policies written in trust; assets below institutions' small-estate thresholds. Many estates of modest size — particularly where assets were jointly held — never need probate at all.

Since November 2020, most executors apply online via the HMCTS probate service (probate.service.gov.uk). The process: (1) Register and create a 'MyHMCTS' account; (2) Complete the online probate application, providing details of the deceased, the will, estate values, and executor details; (3) Submit form IHT400 (if IHT is due) or IHT205/IHT217 to HMRC first and receive a unique probate code (if applicable); (4) Pay the probate fee online (£300 for estates over £5,000; free below; additional copies £1.50 each); (5) Post the original will and the signed statement of truth to the Probate Registry. For complex estates, professional applications can still be submitted via paper form PA1P. Solicitors use the HMCTS online portal on behalf of clients.

Current HMCTS target is to issue grants within 16 weeks of a complete application. In practice: straightforward online applications from executors without IHT complications typically take 8–12 weeks from submission to grant; applications requiring IHT400 take longer because HMRC must confirm the IHT position first (allow 20 weeks total); applications with errors, incomplete documentation, or queries from the registry take significantly longer. There is no way to fast-track the process. If you are under time pressure (e.g. a property sale is progressing), submit the probate application as early as possible — you can start the process before you have accepted an offer. Draft grants can sometimes be issued to solicitors slightly faster than lay applicants.

The court fee for a grant of probate in England and Wales is £300 for estates with a net value above £5,000. There is no fee for estates valued at £5,000 or less. Additional official sealed copies of the grant cost £1.50 each — order enough copies upfront (typically 5–10), as you will need one for each financial institution. There is no fee scale based on estate value (a flat £300 regardless of whether the estate is worth £10,000 or £10 million). Solicitor fees for probate work are separate and vary widely — from fixed fee packages (£1,000–£3,000) to percentage-of-estate charging (typically 1–2%). Executors are entitled to instruct a solicitor at the estate's expense, deducted before distribution.

Both are grants of representation — the official authority to deal with a deceased person's estate. The difference is whether there is a valid will: grant of probate is issued when there is a valid will and the named executor(s) are able and willing to act; letters of administration is issued when there is no valid will (intestacy), or when there is a will but no executor can act (all named executors have died, renounced, or lack capacity). Letters of administration with will annexed is a hybrid — issued when there is a valid will but no acting executor. The practical effect of both documents is the same: they authorise the holder to collect in the estate, pay debts, and distribute to beneficiaries.

Yes, in some circumstances. You do not need probate if: all estate assets are jointly owned (passing by survivorship); all assets fall below financial institutions' small-estate thresholds; the estate consists only of assets that are distributed outside the estate (e.g. pension death benefits, life insurance in trust). If you proceed without obtaining probate and later find an asset that requires it, you can apply at any time — there is no deadline for applying for probate. However, distributing an estate without probate when probate was required exposes executors to personal liability — if a creditor later claims, the executor may have to repay from their own assets.