Probate Court UK: How the Process Works
England and Wales have no dedicated “probate court.” Standard probate applications are processed administratively by HMCTS Probate Registry — not by a judge. Only when there is a dispute does probate go to the High Court. This guide explains both tracks.
The Two Probate Tracks
Non-contentious probate
The standard track for the vast majority of estates. Processed administratively by the HMCTS Probate Registry — a specialist office within Her Majesty’s Courts and Tribunals Service. No hearing, no judge in the ordinary case. The registry reviews your application and issues a grant.
- → Apply online or by post (PA1P / PA1A)
- → HMCTS Probate Registry issues the grant
- → No court appearance required
- → Cost: £300 HMCTS fee (estates over £5,000)
Contentious probate
When someone disputes the will, the executor appointment, or the distribution of the estate. These cases go to the Family Division or Chancery Division of the High Court (or County Court for smaller claims). A judge decides the outcome.
- → Triggered by a caveat or a claim
- → High Court (Chancery / Family Division)
- → Can take 2–5 years to resolve at trial
- → Costs: often £50,000–£200,000+
The Standard Probate Process: Step by Step
Register the death and obtain death certificates
Register the death at the local register office within 5 days (England and Wales). Order multiple certified copies — you will need at least 4–6 to send to banks, HMRC, the Land Registry, and the Probate Registry simultaneously.
Locate the will and contact the executor
The will appoints the executor(s). The original will must be submitted to the Probate Registry with the application. Check with the deceased's solicitor, the National Will Register (Certainty), and known storage locations. If no will exists, the intestacy rules determine who administers the estate.
Value the estate
Contact all financial institutions, obtain valuations for property (usually RICS or estate agent valuation), list debts, and gather details of any lifetime gifts made in the last 7 years. All assets are valued at the date of death. This information feeds into the IHT calculation.
Complete the HMRC inheritance tax form
Most estates use form IHT205 (excepted estates — smaller, simpler) or IHT400 (all other estates). IHT400 requires supporting schedules for specific assets and must be submitted to HMRC separately from the probate application. HMRC issues a receipt (IHT421) which is then sent to the Probate Registry with the grant application.
Pay any inheritance tax due
IHT on most assets must be paid before the Probate Registry will issue a grant — but probate is needed to access the estate funds to pay the IHT. This chicken-and-egg problem is resolved via the HMRC Direct Payment Scheme (banks release funds directly to HMRC) or by the executor paying from their own funds and recovering later.
Submit the probate application
Apply online at gov.uk/apply-for-probate or by post. Submit the original will, death certificate copy, IHT421 from HMRC, the completed PA1P (or PA1A if no will), and the £300 probate fee. The Probate Registry reviews the application and either issues the grant or raises queries.
Grant of probate issued
The grant confirms the executor's authority to administer the estate. Certified copies are sent to banks, the Land Registry, investment platforms, and other institutions to release assets. The grant and the will become publicly available at this point.
Administer the estate
Collect assets, pay debts and liabilities in the correct priority order (secured creditors → funeral expenses → preferential debts → unsecured creditors → beneficiaries), pay any remaining IHT and income/CGT arising during administration, and distribute the estate to beneficiaries. Issue estate accounts to beneficiaries.
When Does Probate Actually Go to Court?
A judge only becomes involved when there is a genuine dispute. The most common types of contentious probate:
Will validity challenges
Claims that the testator lacked testamentary capacity at the time of signing, that the will was produced by undue influence or fraud, or that it was not properly executed (wrong number of witnesses, not all signed in each other's presence). Filed in the Probate Section, then directed to the Chancery Division.
Inheritance Act 1975 claims
Applications by spouses, civil partners, cohabitants (2 years+), children, or dependants for reasonable financial provision from the estate. Heard by the Family Division. Claims must be issued within 6 months of the grant — a hard deadline. Settled before trial in the large majority of cases.
Executor disputes
An application to remove an executor (due to conflict of interest, unreasonable delay, or misconduct) or to substitute an administrator. Heard by the Chancery Division. Also: executor citation proceedings (forcing an absent executor to renounce or accept the grant).
Construction of the will
Disputes about the meaning of an ambiguous clause in the will — e.g., does 'my children' include stepchildren? Does 'my house' cover the house I bought after making the will? The Chancery Division construes the will based on the testator's evident intention.
Probate Costs at a Glance
| Item | Cost (2026) | Notes |
|---|---|---|
| HMCTS probate fee | £300 | Estates over £5,000. Free below £5,000. Plus £1.50 per copy grant. |
| Solicitor (estate admin) | 1–2% of estate | £5,000–£20,000 on a typical family estate. Some charge hourly. |
| HMRC IHT (if applicable) | 40% above threshold | Nil-rate band £325,000 + RNRB up to £175,000 per person. |
| Probate valuation (house) | £150–£500 | Probate-specific RICS valuation. Required for HMRC IHT400. |
| Contentious probate (contested) | £50,000–£300,000+ | Highly variable. Most settle. Costs may be ordered from estate. |
Frequently Asked Questions
Is there a 'probate court' in England and Wales?
Not in the way the term is used in the United States. England and Wales do not have a dedicated court called 'the probate court.' Instead, the probate system divides into two tracks: (1) Non-contentious (undefended) probate — processed administratively by the HMCTS Probate Registry. This is not adversarial; you are applying for a document (a grant of probate or letters of administration), not litigating. No judge hears your application in the ordinary case; a probate officer reviews it and issues the grant. (2) Contentious probate — where there is a dispute about the validity of a will, the appointment of an executor, or the distribution of the estate. This is heard by the Family Division or Chancery Division of the High Court of Justice, or by the County Court for lower-value cases.
How do you apply for probate in England and Wales?
You apply online at www.gov.uk/apply-for-probate or by post using form PA1P (if there is a will) or PA1A (if there is no will). You need to: (1) value the estate by gathering details of all assets and debts; (2) complete the relevant HMRC IHT form (IHT205/IHT207 for smaller estates, IHT400 for larger or more complex estates); (3) pay any inheritance tax due — at least the IHT on non-instalment assets must be paid before HMCTS will issue a grant; (4) submit the application with the original will (if any), a certified copy of the death certificate, and the HMCTS probate fee (£300 for estates over £5,000 in 2026). The grant is currently issued within 4–12 weeks of a complete application, though complex estates or estates subject to HMRC investigation take longer.
What is contentious probate and how does it work?
Contentious probate covers disputes about: (1) the validity of a will (claims that the testator lacked capacity, that the will was procured by undue influence, that it was not properly executed, or that it was forged); (2) construction disputes — arguments about what the will means; (3) removal or substitution of an executor; (4) Inheritance Act 1975 claims — applications by certain categories of person (spouse, cohabitant, child, dependent) for reasonable financial provision from the estate. These cases are issued in the Probate Section of HMCTS and typically proceed in the Family Division or Chancery Division of the High Court. A caveat filed at the Probate Registry will prevent a grant being issued while a dispute is live. Contentious probate litigation is expensive — legal costs can easily exceed £50,000 for a fully contested case.
What is a caveat in probate and how do you enter one?
A caveat is an entry at the Probate Registry that prevents a grant of probate or letters of administration being issued without the caveator (the person who entered it) being notified. Anyone who wishes to challenge a will or dispute the appointment of an executor can enter a caveat before probate is granted. To enter a caveat: apply online via HMCTS Probate or in person at a Probate Registry; pay the current fee (£3 in 2026); the caveat remains in place for 6 months and can be extended. The person applying for the grant can issue a 'warning' to the caveator, requiring them to enter an 'appearance' — effectively committing to litigate. If no appearance is entered within 8 days, the caveat lapses. If an appearance is entered, the dispute must be resolved by the court before the grant issues.
How long does probate take in England and Wales?
A straightforward non-contentious probate application currently takes 4–12 weeks from submission of a complete application to issue of the grant (2026 figures). HMCTS has experienced significant backlogs since 2020; some simple applications take 4–6 months. An estate with a straightforward will, no IHT complications, and assets limited to bank accounts and household property typically completes probate and full estate administration within 9–12 months. Estates requiring a house sale, HMRC IHT investigation, contested claims, or complex trust arrangements routinely take 18–24 months or more. Contentious probate (a contested will or Inheritance Act claim) can take 2–5 years if the case goes to trial.
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