Probate UK: A Step-by-Step Guide for Executors

Probate is the legal process that gives an executor the authority to deal with a deceased person’s estate. For many executors it is an unfamiliar process — often handled at the worst possible time. This guide explains every step, in plain English, so you know exactly what to expect.

What is probate?

Probate (short for “Grant of Probate”) is a court order issued by the HMCTS Probate Registry confirming that a will is valid and that the named executor has authority to collect assets, pay debts, and distribute the estate. Without it, banks, the Land Registry, and most financial institutions will not release assets held in the deceased’s sole name.

Where there is no will (intestacy), the equivalent document is a “Grant of Letters of Administration” and the person appointed is called an administrator rather than an executor. The process is broadly the same.

Do you always need probate?

Not always. Probate is not required for:

Jointly owned assets passing by survivorship (e.g. a joint bank account or jointly owned property)
Assets with named beneficiaries (some pensions and life insurance policies pay directly to the nominated beneficiary)
Small estates — most banks will release funds up to £5,000–£50,000 without a Grant (the threshold varies by institution)

For a deceased person who owned property solely in their name or had significant bank balances, probate will almost certainly be required. Always confirm with each institution.

The 7-step probate process in England & Wales

A death must be registered within 5 days at the local Register Office (or the hospital may refer it to the Coroner). You will receive multiple certified copies of the death certificate — get at least 10, as banks, HMRC, and the Probate Registry each need an original or certified copy.

Locate the will and notify the executor

Check the deceased's home, solicitor, and the HMCTS Will-Finder service. Once found, the named executor(s) decide whether to accept the role. They can renounce (formally decline) if they wish, in which case another executor or administrator is appointed.

Value the estate

You must establish the date-of-death market value of all assets: bank accounts, investments, property, vehicles, and personal possessions. You must also identify all debts: mortgage, loans, credit cards, and funeral costs. HMRC form IHT205 (excepted estates under £325,000) or IHT400 (larger or more complex estates) must be completed before probate can be granted.

Pay inheritance tax (if due)

Inheritance tax is due 6 months after the end of the month of death. Interest accrues after that date. The tax must be at least partly paid before the Grant of Probate issues. Use the Direct Payment Scheme to pay from the deceased's bank account where possible. Property IHT can be paid in instalments over 10 years if cash is short.

Apply for the Grant of Probate

Apply online at apply-for-probate.service.gov.uk (or by paper form PA1P). You will need: the original will, the official death certificate, the completed IHT form, and the £300 Probate Registry fee. The Registry processes most straightforward applications within 8–16 weeks and posts the Grant to you.

Collect assets and pay debts

Once you hold the Grant, contact every institution (banks, HMRC, pension schemes, share registrars, insurers) with a sealed copy of the Grant. Collect the assets into the executor's account or estate account, pay all debts, and ensure any IHT balance is settled.

Prepare estate accounts and distribute

Prepare formal estate accounts showing all receipts and payments. Once approved by the residuary beneficiaries (and any legacy holders paid), distribute the estate in accordance with the will. Keep records: an executor can be personally liable for distributions made in error.

How long does probate take?

The Probate Registry currently processes straightforward applications in 8–16 weeks from the date of submission. However, the overall estate administration — from death to final distribution — typically takes 6–18 months for a straightforward estate. Complex situations (contested wills, foreign assets, large IHT liabilities, property requiring sale) can take 2–3 years.

The main delay points are: (a) gathering date-of-death valuations from financial institutions; (b) the HMRC IHT clearance process; and (c) the Probate Registry’s own processing time, which has varied significantly in recent years.

What does probate cost?

Fixed government fees (as of 2026):

£300 — Probate Registry application fee (estates over £5,000)
£1.50 per copy of the Grant — order at least 10

Solicitor fees for full estate administration typically run at 1%–5% of the gross estate value(or hourly rates of £200–£400). On a £300,000 estate that could be £3,000–£15,000. Many executors handle probate themselves without a solicitor for straightforward estates — the online HMCTS service at apply-for-probate.service.gov.uk is designed for self-represented applicants.

Practical tools for executors

Our Executor Guide covers every stage of the probate process with checklists, template letters to financial institutions, and a plain-English explanation of the IHT thresholds and forms. It is included in the Essentials Bundle alongside the will template, LPA guidance, Letter of Wishes, Funeral Wishes Planner, and Digital Legacy Inventory.

If you are drafting your own will and want to make things easier for your executor, see our guide on executor duties in England & Wales.

Frequently asked questions

Do I always need probate in England and Wales?

No. Probate is required when the deceased owned assets that can only be released on production of a Grant of Probate — typically bank accounts over £5,000–£50,000 (the threshold varies by institution), property registered in the sole name of the deceased, or shareholdings. Jointly held assets (passing by survivorship) and assets with named beneficiaries (some pensions, life insurance) do not usually require probate. Always check with each institution.

How long does probate take in England and Wales?

The Probate Registry currently processes straightforward applications in 8–16 weeks from submission. Complex estates — disputed wills, large IHT liabilities, or foreign assets — can take 12–24 months from death to final distribution. The overall estate administration (from death to final distribution to beneficiaries) typically takes 6–18 months for a straightforward estate.

How much does probate cost in England and Wales?

The HMCTS Probate Registry fee is £300 for estates over £5,000. Copies of the Grant cost £1.50 each (you will need around 10). If there is an inheritance tax liability, IHT must be paid (or arranged) before the Grant is issued — IHT400 or IHT205 depending on the estate size. Solicitor fees for probate range from 1%–5% of the estate value, or hourly rates of £200–£400.

Can I apply for probate myself without a solicitor?

Yes. The majority of straightforward probate applications in England and Wales are made by the executor without a solicitor, using the online HMCTS Probate Service (www.apply-for-probate.service.gov.uk). You will need the original will, the death certificate, and an inheritance tax return (IHT205 for excepted estates or IHT400 for larger ones). Our Executor Guide covers the full process step by step.

What is the difference between probate and letters of administration?

A Grant of Probate is issued when there is a valid will naming an executor who is willing to act. Letters of Administration are issued when there is no will (intestacy), when there is a will but no surviving executor, or in certain other circumstances. Both documents grant the holder authority to deal with the estate — the difference is in the circumstances under which they are granted.

Do I need to pay inheritance tax before I can get probate?

Yes, in most cases. HMRC requires that any inheritance tax due is paid (or at least the amount on property calculated and agreed) before the Probate Registry will issue the Grant. The problem is that you often need the Grant to access funds to pay IHT. The solution is the Direct Payment Scheme: HMRC can accept payment directly from some bank accounts before probate — speak to the deceased's bank.