How to apply for probate in England & Wales
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In short. Apply online at gov.uk/applying-for-probate after registering the death and valuing the estate. The application fee is £526 if the estate is over £5,000 (no fee at £5,000 or less). Extra copies of the grant cost £2 each if you order them when you apply, or £16 each later.
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.
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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
- 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.
- 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.
- 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.
- 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 £526 fee online; send the original will to HMCTS within 7 days of submitting the application.
- 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.