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How to apply for probate in England & Wales

In short. Apply online at gov.uk/applying-for-probate after registering the death and valuing the estate. The Probate Registry fee is £300 if the estate is over £5,000 (with extra sealed copies at £1.50 each).

Probate is the legal authority to deal with someone's estate. Executors named in a will apply for a Grant of Probate; if there's no will, the closest relative applies for Letters of Administration.

Last reviewed:

·Estimated time: P16W·Cost: £300 application fee (estates over £5,000) + £1.50 per sealed copy

What you'll need

  • Original will and any codicils (if there is a will)
  • Original death certificate
  • Estate valuation (assets and debts)
  • Inheritance Tax forms IHT400 or IHT205/207 (depending on the estate)

The steps

  1. 01

    Check whether probate is needed

    You may not need probate if the estate is small (under £5,000), held entirely jointly with a surviving spouse, or held in certain insurance products. Each bank sets its own threshold.

    Official link →

  2. 02

    Value the estate

    Get up-to-date valuations of property, savings, investments, pensions, vehicles and personal possessions. List debts (mortgage, loans, utility bills) and funeral costs.

  3. 03

    Deal with Inheritance Tax

    If the estate exceeds the Nil-Rate Band (£325,000) — possibly plus the Residence Nil-Rate Band — IHT may be due. Submit IHT400 (or IHT205/207 for excepted estates) and pay any tax owed before probate is issued.

    Official link →

  4. 04

    Apply for the grant online

    Apply through gov.uk/applying-for-probate (executors) or as a personal representative if there's no will. Pay the £300 fee online; send the original will to HMCTS within 7 days of submitting the application.

  5. 05

    Administer the estate after the grant arrives

    Once the Grant of Probate (or Letters of Administration) is issued (typically 16+ weeks), close accounts, sell or transfer assets, settle debts, then distribute according to the will or the rules of intestacy.

Common pitfalls

  • Don't distribute the estate before settling debts and tax — executors are personally liable
  • Inheritance Tax must usually be paid within 6 months of death (interest accrues after that)
  • Scotland uses 'confirmation' (not probate) via the Sheriff Court; Northern Ireland has its own probate process

FAQ

How long does probate take?
Currently around 16 weeks from a complete online application, longer for paper or complex estates. Check HMCTS's published waiting times — they have varied widely.
Do I need a solicitor?
Not always. Straightforward estates can be handled by an executor without legal help. Solicitors are useful for complex estates, disputes, business assets or significant inheritance tax planning.
What if there's no will?
The 'rules of intestacy' decide who inherits. The closest relative applies for Letters of Administration instead of a Grant of Probate.
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