Applying for Probate
How to apply for a grant of probate to administer the estate of a deceased person in England & Wales.
Overview
When someone dies leaving a will, the executor(s) named in the will must apply for a grant of probate before they can deal with the deceased's assets (bank accounts, property, investments). If someone dies without a will (intestate), the nearest relative applies for a grant of letters of administration. The process is administered by HM Courts & Tribunals Service (Probate Registry). Most straightforward applications can be made online.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves probate.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Register the Death and Locate the Will
Register the death at the local register office within 5 days. Locate the original will — check with the deceased's solicitor, bank, or the National Will Register (Certainty). Order multiple copies of the death certificate (you will need them for banks and other institutions).
- Order at least 5–10 copies of the death certificate
- If you cannot find the will, check with the Principal Probate Registry
Value the Estate
Identify and value all of the deceased's assets (property, bank accounts, investments, personal possessions) and liabilities (debts, mortgages, funeral costs). You must report the estate value to HMRC. If the estate exceeds the inheritance tax threshold (currently £325,000, or £500,000 with the residence nil rate band), inheritance tax must be paid before the grant is issued.
- Obtain professional valuations for property and valuable items
- Joint assets may pass automatically outside the estate
- Check if any inheritance tax reliefs or exemptions apply (spouse exemption, business property relief, etc.)
Complete the Probate Application
Apply online through the Gov.uk probate service or by post (form PA1P for applications with a will, PA1A for intestacy). You will need: the original will, the death certificate, details of the estate's assets and liabilities, and the IHT form (IHT205 for excepted estates or IHT400 for taxable estates).
- The online application is quicker and easier
- You must sign a statement of truth confirming the information is correct
- If there are multiple executors, they must all be named (but not all need to act)
Pay the Probate Fee and Inheritance Tax
Pay the probate application fee (currently £273 for estates over £5,000). If inheritance tax is due, it must normally be paid before the grant is issued — you may be able to pay from the deceased's bank accounts using the Direct Payment Scheme, or arrange payment in instalments for property.
- No fee for estates under £5,000
- The Direct Payment Scheme allows banks to release funds to pay IHT before the grant
Receive the Grant and Administer the Estate
The Probate Registry will issue the grant of probate (typically within 4–8 weeks). Send copies to banks, building societies, and other asset holders to release funds. Pay debts and liabilities, then distribute the estate to the beneficiaries according to the will. Keep detailed accounts of all transactions.
- Place a statutory notice in The Gazette and a local newspaper (s.27 Trustee Act 1925) to protect against unknown creditors — wait 2 months before distributing
- Keep full estate accounts for all beneficiaries
- Consider obtaining a clearance certificate from HMRC before final distribution
Costs
Important Warnings
Executors are personally liable for the proper administration of the estate. If you distribute to beneficiaries and a creditor later emerges, you may be personally liable.
Inheritance tax is due within 6 months of the end of the month of death — interest accrues after that.
Useful Links
Frequently asked questions
- How long does the applying for probate process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Within 5 days of death (registration)"; "2–4 weeks"; "1–2 hours to complete the application"; "Immediate". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Probate application fee (estate over £5,000) — £273; Probate application fee (estate under £5,000) — Free; Additional sealed copies of the grant — £1.50 each; Solicitor fees (if using a solicitor) — £1,500–£5,000+ or 1–2% of estate value. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Executors are personally liable for the proper administration of the estate. If you distribute to beneficiaries and a creditor later emerges, you may be personally liable.; Inheritance tax is due within 6 months of the end of the month of death — interest accrues after that.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Apply for probate online; Inheritance tax forms. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.