Guide to Probate.

Applying for Probate

The death of someone close to you can be extremely difficult. The responsibility of dealing with their property, finances and other affairs can add further pressure at an already distressing time. This guide explains the general probate process in England and Wales. Different procedures apply in Scotland and Northern Ireland. Probate can be completed without a solicitor, but professional advice may be helpful where the estate includes property, substantial assets, a business, overseas interests, trusts, tax issues or disagreements between family members. If you decide to use a solicitor, contact several firms and ask for a clear breakdown of the work included, the likely timescale and how the fees will be calculated.

What Is Probate?

"Probate" is commonly used to describe the legal process of dealing with the estate of someone who has died. The estate may include:

• Money in bank and savings accounts;
• Property and land;
• Shares and investments;
• Vehicles and personal possessions;
• Business interests;
• Money owed to the deceased; and
• Debts, tax and other liabilities.

A grant of representation gives the person administering the estate legal authority to collect assets, pay liabilities and distribute the remaining estate. Where there is a valid will, the document is normally called a grant of probate. Where there is no will, it is normally called letters of administration.

Is Probate Always Required?

Probate is not required for every estate. It may not be necessary where:

• The estate contains only a small amount of money;
• Assets are held jointly and pass automatically to the surviving owner;
• A bank or financial institution agrees to release funds without a grant; or
• no land, property or investment requires a grant to be transferred or sold.

There is no single estate-value threshold below which probate is never required. Banks and financial institutions set their own limits and evidence requirements. An estate worth £5,000 or less is exempt from the probate application fee, but that does not determine whether a grant is legally required. Check with each organisation holding an asset before applying.

Finding the Will

The first step is to establish whether the person left a valid will. Check:

• The deceased's home and personal papers;
• Any safe or secure document storage;
• The solicitor who dealt with the deceased's affairs;
• The deceased's bank, if it stored documents;
• Family members or close friends; and
• Any will-registration or document-storage service the deceased may have used.

A copy of a will is not necessarily sufficient for probate. The original signed will is normally required. Do not remove staples, bindings or attachments from the original will. Marks indicating that a will has been altered, separated, or damaged may prompt additional questions from the Probate Registry. The government probate-search service can be used to obtain a will after a grant has been issued, but it does not provide a complete register of every will made by a living person or every unproved will.

When There Is a Will

The will should name one or more executors. An executor is responsible for administering the estate and can apply for the Grant of Probate. An executor does not have to act merely because they are named in the will. Depending on the circumstances, an executor may:

• Apply for probate and administer the estate;
• Have power reserved, allowing another executor to apply while retaining the option to become involved later; or
• Formally renounce the role, provided they have not already become involved in administering the estate.

An executor considering renunciation should obtain advice before handling assets, paying debts or taking other steps that could amount to accepting the role. If no named executor is able or willing to act, another person may be entitled to apply for letters of administration with the will annexed.

When There Is No Will

A person who dies without leaving a valid will is said to have died intestate. The intestacy rules determine:

• Who is entitled to administer the estate; and
• Who inherits the estate.

There is a legal order of priority for applying. A surviving spouse or civil partner will commonly have priority, followed by children and then other relatives. An unmarried partner does not automatically have the same inheritance rights as a spouse or civil partner, regardless of how long the couple lived together. The person authorised to deal with an intestate estate is called an administrator and applies for letters of administration.

Value the Estate

Before applying for probate, the personal representatives must estimate the value of the estate. This normally involves identifying:

• Everything the deceased owned;
• Jointly owned assets;
• Gifts made before death where relevant;
• Money owed to the deceased;
• Funeral expenses;
• Mortgages, loans and other debts; and
• Any available tax exemptions or reliefs.

Property, investments, valuable possessions and business interests may require professional valuations. Executors and administrators should make reasonable enquiries and retain evidence supporting the figures used.

Inheritance Tax

The estate must be assessed for Inheritance Tax before the probate application is completed. Many estates are treated as excepted estates. For deaths on or after 1 January 2022, the required estate values can generally be provided as part of the probate application where the estate qualifies as excepted. Where full details must be reported to HM Revenue and Customs, Form IHT400 and any relevant supplementary schedules will normally be required. If Inheritance Tax is due, some of it will usually need to be paid before the Grant is issued. HMRC will then provide the reference or code needed for the probate application. Inheritance Tax can be complicated where the estate includes:

• A valuable home;
• Lifetime gifts;
• Trusts;
• Business or agricultural property;
• Overseas assets;
• A claim to transfer unused allowances from a spouse or civil partner; or
• Assets passing outside the will.

Specialist legal or tax advice may be appropriate.

Applying for the Grant

An executor or administrator can apply personally or instruct a probate solicitor to apply. Applications can usually be made online or by post. The principal paper forms are:

• PA1P where the deceased left a will; and
• PA1A where the deceased did not leave a will.

The documents and information required will depend on the estate, but may include:

• The original will and any codicils;
• The death certificate details;
• The estate valuation;
• Inheritance Tax information or the HMRC code;
• Details of the executors or proposed administrators; and
• An explanation of any damage, alterations or unusual features affecting the will.

The old requirement to swear a probate oath has been removed. Applicants now make a legal statement confirming that the information provided is true and that they will administer the estate correctly.

Probate Application Fees

From July 2026, the probate application fee is:

• £526 where the estate is valued at more than £5,000; and
• No fee where the estate is valued at £5,000 or less.

One copy of the Grant is normally provided. Additional copies ordered with the application currently cost £2 each. Copies ordered after the application has been submitted cost more. Extra official copies can be useful when several banks, investment providers, or other organisations require evidence of the Grant. Help with fees may be available in limited circumstances, depending on the applicant's financial situation and applicable rules.

How Long Does Probate Take?

Government guidance states that applicants will usually receive the Grant within approximately 12 weeks of submitting the application. It may take longer where:

• Information or documents are missing;
• The original will is damaged or unclear;
• An executor cannot be located;
• Inheritance Tax matters remain unresolved;
• The estate includes overseas or trust assets;
• Someone has entered a caveat;
• The validity of the will is questioned; or
• The Probate Registry requires further evidence.

Obtaining the Grant is only one stage. Administering the complete estate can take considerably longer.

What to Do After Receiving the Grant

Once the Grant has been issued, the executors or administrators can usually collect the estate assets. They should:

• Send official copies of the Grant to banks and asset providers;
• Close or transfer accounts and investments;
• Sell or transfer property where appropriate;
• Collect money owed to the deceased;
• Identify and settle valid debts;
• Complete outstanding tax returns;
• Pay any further Inheritance Tax, Income Tax or Capital Gains Tax;
• Pay legacies and distribute the estate; and
• Prepare complete estate accounts.

The personal representatives should not distribute the estate until they are satisfied that the assets, debts, tax liabilities and potential claims have been properly addressed.

Estate Bank Accounts

It may be appropriate to open an executor or estate-administration account, particularly where the estate is substantial or several transactions will be made. It is not compulsory in every estate, and not every bank offers a specific executor account. Estate money must be kept separate from the personal representatives' own money. Clear records should be maintained showing all money received and every payment made.

Debts and Liabilities

Executors and administrators must pay valid debts and estate expenses before distributing money to beneficiaries. Liabilities may include:

• Mortgages and secured loans;
• Credit cards and personal loans;
• Utility and household bills;
• Care fees;
• Income Tax and Inheritance Tax;
• Funeral expenses; and
• Professional and administration costs.

Personal representatives can become personally liable if they distribute the estate prematurely and a valid debt or claim later emerges. In some cases, they may protect themselves by placing statutory notices inviting creditors to submit claims before the estate is distributed.

Property in the Estate

Property may be sold, transferred to a beneficiary or retained, depending on:

• The terms of the will;
• The intestacy rules;
• The type of ownership;
• The estate's debts and tax liabilities; and
• Agreement between the beneficiaries and personal representatives.

A grant will normally be required to sell or transfer a property owned solely by the deceased. The executors do not usually register the property in their own personal names merely because they have obtained probate. A solicitor or conveyancer can deal with the sale, an assent to a beneficiary or any necessary Land Registry application. Capital Gains Tax may arise if the property increases in value between the date of death and its sale. Income Tax may also apply if the property is rented during the administration period.

Jointly Owned Property

The effect of a death depends on how the property was owned.

Joint Tenants

Where beneficial ownership was held as joint tenants, the deceased's interest normally passes automatically to the surviving joint owner by survivorship. It does not pass under the will or intestacy rules. The deceased's name can usually be removed from the Land Registry title using the appropriate form and an official copy of the death certificate. The value of the deceased's interest may still need to be included when calculating Inheritance Tax. Automatic survivorship does not, by itself, mean that no tax will arise.

Tenants in Common

Where property was owned as tenants in common, the deceased's beneficial share normally forms part of their estate and passes under the will or intestacy rules. The legal title may remain with the surviving registered owner, but the deceased's beneficial share must still be dealt with as part of the estate. Specialist conveyancing advice may be required before the property is sold or transferred.

Joint Bank Accounts

Money held in a joint bank account will commonly remain available to the surviving account holder. Still, the position can depend on the account terms, ownership of the money and the circumstances in which the account was used. The deceased's beneficial share may still need to be included in the estate for Inheritance Tax purposes. Do not assume that every joint account is owned equally or that the survivor is entitled to retain all the money. Obtain advice if the deceased provided most of the funds, if the account was opened for convenience, or if another person disputes ownership.

Pensions and Life Insurance

Pensions, death-in-service benefits and some life-insurance policies may pass outside the estate and may not require probate. Contact each provider promptly. The provider may ask for:

• The death certificate;
• Details of potential beneficiaries;
• An expression-of-wish or nomination form;
• The will; and
• Information about the deceased's family and dependants.

The scheme trustees or provider may retain discretion over who receives the benefit.

Distributing the Estate

Once the assets have been collected and all liabilities, expenses and taxes have been paid or adequately provided for, the remaining estate can be distributed. The personal representatives must follow:

• The terms of a valid will; or
• The intestacy rules where no valid will exists.

They should prepare estate accounts recording:

• The assets at the date of death;
• Money received during the administration;
• Debts, expenses and tax paid;
• Income and gains arising during administration; and
• The amounts distributed to each beneficiary.

Residuary beneficiaries will normally be asked to approve the estate accounts before receiving the final balance.

When to Use a Probate Solicitor

Legal advice is particularly important where:

• The validity or interpretation of the will is uncertain;
• A beneficiary or family member threatens a claim;
• The estate is insolvent;
• There are missing beneficiaries;
• The deceased owned a business, farm or overseas property;
• The estate contains trusts or substantial lifetime gifts;
• Inheritance Tax is payable;
• An executor has died, lacks capacity or refuses to cooperate;
• There is a dispute between executors; or
• The administration has already gone wrong.

To find a Probate Solicitor, use the search facility at the top of this page. We recommend contacting several firms and requesting a full explanation of their services, likely fees, and expected timescales.