How to Apply for Probate in England and Wales

Probate is legal permission to deal with a deceased person's Estate. When you apply for probate, you're asking the court to confirm that:

1. The will is valid (or if there's no will, that you're the right person to administer the estate).
2. You're authorised to collect the deceased's assets, pay their debts, and distribute what's left.

The court issues a document called a Grant of Probate (if there's a will) or Letters of Administration (if there isn't). This document is what banks, Land Registry, and other institutions need before they'll release assets to you.

Without it, you can't sell a property, close most bank accounts above a threshold, or distribute the estate.

Probate itself is a form-filling exercise. The real work is what comes before it: gathering all the financial information you'll need.

Step 1: Find and read the will

If there is a will, it should name you as Executor. Check:

• The deceased's home (desk, filing cabinet, safe)
• Their solicitor
• Their bank (some offer will storage)
• The National Will Register (nationalwillregister.co.uk; £30 search)

If there's no will, the person who's the highest-priority next of kin under intestacy rules becomes the Administrator.

Step 2: Value the estate

You need a complete picture of what the deceased owned and owed on the date of death. Contact every financial institution and get:

Assets:

• Bank and savings account balances (date-of-death balances)
• Property valuation (get an estate agent's written estimate - HMRC accepts this)
• Investment values: stocks, ISAs, premium bonds
• Pension death benefits (if any are payable to the estate rather than a nominated beneficiary)
• Life insurance: note whether policies are written in trust (trust policies don't form part of the estate)
• Vehicle(s): use current market value
• Personal possessions of significant value: jewellery, art, collections

Debts:

• Mortgage balance
• Credit card balances
• Loans
• Unpaid bills
• Funeral costs

Step 3: Work out whether inheritance tax is due

You need to complete an inheritance tax form before you can apply for probate - even if no tax is actually owed.

If the estate is an “excepted estate” (under £325,000 or passing entirely to a spouse/civil partner/charity), you'll fill in the shorter form and no tax is payable.

If the estate is above £325,000 (after deducting the residence nil-rate band if applicable), you'll need the longer form and may need to pay IHT before the grant is issued.

The nil-rate bands in 2025/26:

• Standard nil-rate band: £325,000
• Residence nil-rate band (if the home passes to direct descendants): £175,000
• Combined (individual): £500,000
• Combined (couple, if first spouse left everything to the surviving partner): £1,000,000

Step 4: Apply online

Go to: gov.uk/applying-for-probate

You'll need:

• Your personal details (name, address, contact info)
• The deceased's details (name, date of birth, date of death, last address, marital status)
• The will (you'll need to post the original to the Probate Registry - never send the only copy without making a photocopy first)
• The inheritance tax form reference
• The names and addresses of all executors named in the will

The online form takes about 30–45 minutes to complete.

Step 5: Swear the oath (or statement of truth)

After submitting the application, you'll receive instructions to make a legal declaration - either:

• A statement of truth (done online as part of the application in most cases now), or
• A sworn oath at a solicitor's office or commissioner for oaths (£5–£10 for the oath; some solicitors charge a small admin fee on top)

Since 2023, most straightforward applications can complete this step entirely online.

Step 6: Post the original will

You must send the original will to the Probate Registry. Use recorded delivery and keep a photocopy. The Probate Registry stores the will permanently and it becomes a public document; anyone can request a copy.

Step 7: Pay the fee

• Estates under £5,000: No fee.
• Estates over £5,000: £300.

Payment is taken online as part of the application.

Step 8: Wait

Current processing times (February 2026): 4–8 weeks for straightforward online applications. Paper applications take longer.

You'll receive:

• The Grant of Probate (a sealed document confirming your authority)
• Certified copies of the grant (order several - you'll need to send them to banks, the Land Registry, and other institutions)

Step 9: Collect assets and pay debts

Once you have the grant:

1. Send copies to every asset holder - banks, investment platforms, pension providers, the Land Registry - to release funds and transfer property.
2. Place a statutory notice in The Gazette (thegazette.co.uk) and a local newspaper. This gives unknown creditors 2 months to come forward. If you distribute the estate without placing this notice and a creditor appears later, you could be personally liable.
3. Pay debts in the correct legal order: funeral expenses first, then secured debts (mortgage), then preferred debts (employee wages if applicable), then unsecured debts (credit cards, loans).
4. Pay any remaining inheritance tax due.
5. Distribute the estate according to the will.
6. Prepare estate accounts: a complete record of all money in and out.

Can I do probate myself without a solicitor?

Yes. The majority of straightforward estates can be handled without a solicitor. The gov.uk application is designed for non-lawyers. Consider a solicitor if: the estate is complex (multiple properties, overseas assets, business interests), the will is contested, or there are significant inheritance tax liabilities.

How much does a solicitor charge for probate?

Typical fees: 1–2% of the estate value + VAT, or a fixed fee of £2,000–£5,000+ depending on complexity. Always ask for a written quote before instructing. Some solicitors offer a “probate-only” service that handles the application but not the full estate administration.

What if there are multiple executors?

All executors named in the will must either apply jointly or formally agree to “renounce” (opt out). One executor can apply alone with “power reserved” to the others - meaning they can step in later if needed.

What if I can't find the will?

If you believe a will exists but can't find it, check with the deceased's solicitor, bank, and the National Will Register. If no will is found, the estate is treated as intestate and the highest-priority next of kin applies for Letters of Administration instead.

What if someone contests the will?

They can enter a “caveat” at the Probate Registry, which prevents the grant from being issued for 6 months. If the dispute can't be resolved, it goes to court. This is one situation where you absolutely need a solicitor.

These guides cover the steps mentioned above in more detail:

• Do I Need Probate?: check whether probate applies to your situation
• Executor Responsibilities: the full list of executor duties
• Inheritance Tax Explained: thresholds, forms, and the IHT catch-22
• What to Do When Someone Dies: the full checklist from day one