Applying for Probate in the UK: A Complete Step-by-Step Guide for 2026

What Is Probate?

Probate is the legal process of proving that a deceased person's will is valid and that the named executor has authority to deal with the estate. If there's no will, the process is called obtaining Letters of Administration — but the steps are broadly similar.

Together, these are known as a Grant of Representation.

You'll need probate if the deceased owned property, had savings above a certain threshold (varies by institution, but typically £5,000–50,000), or held investments. Many banks won't release funds without it.

Do You Actually Need Probate?

Not always. You might not need probate if:

• The estate is very small (under £5,000 in total)
• All assets were held jointly and pass automatically to the surviving owner
• The deceased only had cash, personal possessions, and jointly-held assets
• All bank accounts are below the institution's individual threshold

Each bank sets its own limit for releasing funds without probate. It's worth calling them to check before applying.

Step 1: Register the Death

Before anything else, the death must be registered. In England and Wales, this must happen within 5 days at the local register office.

Since September 2024, all deaths must first be reviewed by a Medical Examiner — a senior doctor who independently scrutinises the cause of death. This is a new step that replaced the old two-doctor cremation form system.

At registration, you'll receive:

• Certified copies of the death certificate (order several — you'll need them)
• Access to the Tell Us Once service to notify government departments

Step 2: Find the Will

Check the deceased's home, solicitor, bank safe deposit box, and the Principal Probate Registry's records. If you can't find it, consider a professional will search service.

The will names the executor(s) — the people responsible for administering the estate. If there's no will, the closest relative becomes the administrator under intestacy rules.

Step 3: Value the Estate

You need a complete picture of everything the deceased owned and owed:

Assets to identify:

• Property (get a professional valuation)
• Bank and building society accounts
• Investments, stocks, and shares
• Pensions and life insurance policies
• Business interests
• Personal possessions of significant value
• Digital assets (cryptocurrency, online accounts)
• Money owed to the deceased

Debts to identify:

• Mortgage
• Credit cards and loans
• Outstanding bills
• Funeral costs
• Tax owed

This is often the most time-consuming step. You'll need to write to every financial institution the deceased dealt with. Keep records of everything.

Step 4: Deal with Inheritance Tax (IHT)

This step must be completed before you can apply for probate.

Current IHT Thresholds (2026)

• Nil-rate band: £325,000 — no IHT on the first £325,000
• Residence nil-rate band: additional £175,000 if a home is passed to direct descendants
• Transferable nil-rate band: unused allowance from a deceased spouse can be transferred
• Combined maximum for a surviving spouse: up to £1,000,000 before IHT applies

IHT is charged at 40% on anything above the threshold.

Reporting to HMRC

• Excepted estates (below thresholds, no complex features): simplified online reporting since January 2022
• Non-excepted estates: full IHT400 form to HMRC, with supporting schedules

The IHT Catch-22

Here's a frustrating reality: you often need to pay IHT before the grant is issued, but you can't access the deceased's money without the grant.

Solutions:

• Direct Payment Scheme: some banks will pay HMRC directly from the deceased's account
• Instalment option: IHT on property can be paid in 10 annual instalments
• Loans or personal funds: some executors use their own money and reclaim from the estate

Step 5: Apply for the Grant

You can apply online through GOV.UK or by post.

What you'll need:

• The original will (if there is one)
• The death certificate
• Completed IHT forms
• The application fee: £300 for estates over £5,000 (free for estates under £5,000)
• Your statement of truth (signed declaration)

Online applications are now standard for straightforward cases and generally process faster than postal applications.

Step 6: Wait for the Grant

Current HMCTS processing time: approximately 16 weeks from submission. This is significantly longer than the historical target of 4–8 weeks, largely due to post-COVID backlogs.

During this time:

• Secure the deceased's property
• Redirect post
• Continue paying essential bills from the estate
• Begin preparing estate accounts

Step 7: Administer the Estate

Once you have the grant:

1. Send copies to banks, building societies, and investment providers to access accounts
2. Place statutory notices in The Gazette and a local newspaper (Section 27, Trustee Act 1925). This gives creditors and potential beneficiaries 2 months to come forward — and protects you from liability for debts you didn't know about
3. Sell assets if needed (property, shares)
4. Pay all debts and taxes
5. Prepare estate accounts showing what came in and went out
6. Distribute to beneficiaries according to the will (or intestacy rules)

How Long Does the Whole Process Take?

For a straightforward estate: 6–12 months from death to final distribution.

For complex estates (property to sell, IHT disputes, missing beneficiaries, international assets): 12–24+ months.

Common Mistakes to Avoid

• Not getting enough death certificates — order at least 3-4 at registration
• Distributing assets too early — wait until the 2-month statutory notice period has passed
• Missing debts — check credit reference agencies and The Gazette for any claims
• Not keeping records — document every decision and transaction
• Forgetting digital assets — check email accounts, app subscriptions, cryptocurrency wallets
• Not claiming transferable nil-rate band — if the deceased's spouse died before them, their unused IHT allowance can be transferred

Do You Need a Solicitor?

For simple estates, you can handle probate yourself. The online application is designed for non-lawyers.

Consider professional help if:

• The estate is large or complex
• There's property to sell
• IHT is payable
• The will is contested or unclear
• There are international assets
• You're not confident managing the process

Solicitor fees for full estate administration typically range from £2,000 to £5,000+, or some charge 1–2% of the estate value.

Key Resources

• GOV.UK Probate Service: gov.uk/applying-for-probate
• HMCTS Probate Registry: handles all applications
• HMRC IHT helpline: 0300 123 1072
• Citizens Advice: free guidance on probate
• GetPassage: step-by-step task management for the entire process