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How to apply for probate in the UK (England & Wales)

Probate is the thing everyone dreads. It sounds legal and expensive and slow; and honestly, it can be all three. But it's also something most executors manage to do themselves, without a solicitor, if they have clear guidance.

The official gov.uk process is functional but sparse. It assumes you already understand terms like "excepted estate" and "IHT400." This guide doesn't make those assumptions. It walks you through each step in order, with the actual form names, actual costs, and the things the official guidance quietly skips over.

If you can only do one thing today: Check whether you actually need probate. Not all estates do. → Do I need probate?

Or check in 60 seconds: Our Probate Checker asks about the bank, balance and will, then tells you whether probate is needed and what to do next. No sign-up.


What probate actually is

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.


Before you apply: the preparation

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) [source: gov-uk/applying-for-probate-2026-08-08.html]

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

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

A practical reality: this step alone can take 4-8 weeks. Every organisation has its own bereavement team and its own timeline. Chase them. Keep a spreadsheet of who you've contacted, when, and what they've told you. You'll need every number for the inheritance tax forms. [source: gov-uk/applying-for-probate-2026-08-08.html]

Worth a minute before you start calling: each UK bank has its own threshold for releasing funds without probate, ranging from £5,000 to £50,000. The Probate Checker tells you whether the deceased's specific bank needs a grant for the balance involved, before you spend weeks chasing one.

Step 3: Work out whether inheritance tax is due

You need to work out the value of the estate for inheritance tax before you can apply for probate, even if no tax is actually owed.

If the estate is an excepted estate (most estates are: broadly, those under the £325,000 threshold, those worth £650,000 or less where a late spouse's or civil partner's unused threshold is being transferred, and those under £3 million left entirely to a spouse, civil partner or charity), there is no separate inheritance tax form and no tax is payable. For deaths on or after 1 January 2022 you give the estate's values in the probate application itself. The old IHT205 form is only for deaths on or before 31 December 2021. [source: gov-uk/check-type-of-estate-2026-11-01.html] [source: gov-uk/iht205-collection-2026-11-01.html]

If the estate is not excepted, you'll need the full form (IHT400) and may need to pay IHT before the grant is issued. That includes an estate over £325,000 that only owes no tax because of the residence nil-rate band: the residence band reduces the tax, but it does not raise the excepted-estate limit. [source: gov-uk/check-type-of-estate-2026-11-01.html]

→ Full guide: Inheritance Tax explained

The nil-rate bands in 2025/26 [source: gov-uk/inheritance-tax-2026-04-29.html]: - 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

Most people don't realise that HMRC expects the inheritance tax form to be completed before you apply for probate, not after. And if tax is owed, at least some of it must be paid before the grant is issued. This creates a catch-22: you may need to sell assets to pay the tax, but you can't sell assets without the grant. The workarounds: banks will sometimes release funds to pay an IHT bill directly to HMRC; or you can apply for a payment plan if the estate includes property. [source: gov-uk/iht-400-2026-09-26.html]


The application

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 code HMRC sends you, if the estate needed a full IHT400 account
  • The names and addresses of all executors named in the will

The online form takes about 30-45 minutes to complete. If you're applying with a will, you'll use Form PA1P. If there's no will, you'll use Form PA1A instead. [source: gov-uk/applying-for-probate-2026-08-08.html]

AfterLoss Information and Documents keeps every document this application needs in one organised place, ready to upload or hand to a solicitor.

Step 5: Sign the statement of truth

The application ends with a legal declaration called a statement of truth, which you sign as part of the application. There is no oath to swear and no fee for this step: the statement of truth replaced the sworn oath on 27 November 2018. [source: legislation-gov-uk/non-contentious-probate-amendment-rules-2018-2026-11-01.html]

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: £526. [source: gov-uk/probate-fees-2026-08-08.html]

Payment is taken online as part of the application. See Probate Fee for the current fee schedule.


After you apply

Step 8: Wait

You'll usually get the grant within 12 weeks of submitting your application. It can take longer if you are asked for more information. [source: gov-uk/applying-for-probate-after-youve-applied-2026-11-01.html]

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. [source: gov-uk/applying-for-probate-2026-08-08.html]
  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.

It's worth knowing that the statutory notice is not optional if you want legal protection. The Gazette notice costs £96.55 plus VAT (about £116) through its webform, or £131.70 plus VAT by other routes. A local newspaper notice ordered through The Gazette costs £240 plus VAT on top, so placing both comes to about £404. [source: gazette/pricing-2026-11-01.html] Many DIY executors skip it because they aren't told about it, then face anxiety about whether unknown debts might appear. [source: gov-uk/applying-for-probate-2026-08-08.html]


Common questions

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. [source: gov-uk/applying-for-probate-2026-08-08.html]

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. [source: gov-uk/applying-for-probate-2026-08-08.html]


Probate in Scotland

Scotland uses a completely different system called Confirmation. The document, the court (Sheriff Court rather than Probate Registry), the form (Form C1 rather than PA1P), and the underlying succession law are all different. If the deceased was domiciled in Scotland, none of the steps above apply. → Confirmation in Scotland


Timeline: what to expect

Stage Typical timeframe
Gathering financial information 4-8 weeks
Completing the IHT form 1-2 weeks
Submitting the probate application 1 day
Receiving the grant Usually within 12 weeks
Collecting assets and paying debts 2-6 months
Placing statutory notice and waiting period 2 months
Final distribution After all debts paid
Total (straightforward estate) 6-12 months
[source: gov-uk/applying-for-probate-2026-08-08.html] [source: gov-uk/applying-for-probate-after-youve-applied-2026-11-01.html]

Next: Inheritance Tax

Last verified: 28 September 2026 against gov.uk/applying-for-probate.

AfterLoss

Our Probate Checker settles the "do I need probate at all?" question in under a minute by asking about the bank, balance and will, then points you to the right next step. Our how to apply for probate guide walks through PA1P, IHT400, fees, and the timeline from first submission to grant. Information and Documents collects the will, asset valuations, and HMRC paperwork in the order the probate registry asks for them, so the application goes in clean and the grant comes back without a rejection cycle.