Probate is the legal process of proving that a will is valid and giving the executor the authority to deal with the estate. In England and Wales, this authority is called a Grant of Probate. Without it, banks and financial institutions will not release the deceased’s assets, and property cannot be sold or transferred.
Not every estate needs probate — and many executors successfully handle the application themselves without professional help.
When Is Probate Required?
Probate is generally required when:
- The estate includes property in the deceased’s sole name (including a share in a property held as tenants in common — not as joint tenants)
- Stocks and shares are held in the deceased’s name (most share registrars require a Grant)
- A bank account exceeds the institution’s threshold for releasing without probate (typically £5,000–£25,000 — each bank sets its own limit; call to check)
- The will is being challenged or there is doubt about its validity
Probate is not required when:
- Assets are jointly owned and pass automatically to the surviving owner (e.g. a joint current account, a home owned as joint tenants)
- The estate is very small and all banks are willing to release funds without a Grant
- There are no solely owned assets of any significant value
Tip: Write to each bank with a copy of the death certificate and ask whether they require probate. Many will respond within a few days.
Who Applies for Probate?
The executor named in the will applies for a Grant of Probate. If there are multiple executors, all must agree to apply (or formally renounce their right to act). If an executor has died or is unwilling, the remaining executors can proceed.
If there is no will, an eligible person applies for Letters of Administration instead. Priority order under the intestacy rules is: spouse/civil partner first, then children, then other relatives. See the Letters of Administration guide.
The Probate Application Process
Step 1: Assess inheritance tax
Before applying, you must complete an IHT return and either:
- Confirm the estate is below the IHT threshold and no tax is due (using IHT205 for simple estates)
- Pay any IHT owed — HMRC must confirm the tax position before probate is granted
For estates with property, use IHT400 and the relevant schedules. HMRC aims to process IHT returns within 12 weeks.
Step 2: Submit the probate application
Apply online at GOV.UK (fastest) or by post. You will need:
- The original will (not a copy)
- The death certificate
- The IHT reference number (from HMRC, confirming the tax position)
- The application fee (£300 for estates over £5,000)
- A statement of truth signed by the executor
Step 3: Receive the Grant of Probate
Once the Probate Registry is satisfied, they issue the Grant. Order multiple sealed copies (£1.50 each) — you will need one for each bank, the Land Registry, share registrars, and other institutions.
Current processing times (2026)
The Probate Registry currently processes applications in 8–16 weeks from submission. Online applications are typically faster. Check HMCTS for current timescales.
What Does Probate Cost?
| Cost | Amount |
|---|---|
| Application fee (estate over £5,000) | £300 |
| Application fee (estate £5,000 or under) | £0 |
| Additional sealed copies | £1.50 each |
| Solicitor (grant only) | £500–£1,500 typically |
| Solicitor (full administration) | 1–4% of estate value |
| Probate specialist (fixed fee) | £1,000–£3,000 typically |
DIY probate for a simple estate typically costs only the £300 fee plus a few pounds for copies. The main cost of using a solicitor is professional time — for a £500,000 estate, 1.5% is £7,500.
How Long Does Estate Administration Take?
After receiving the Grant, the executor’s work has only just begun:
| Estate type | Typical duration |
|---|---|
| Simple (no property, one bank, few beneficiaries) | 3–6 months |
| Standard (property, multiple banks, some investments) | 9–18 months |
| Complex (business interests, foreign assets, IHT disputes) | 18 months to several years |
| Contested (will challenged) | Can take years |
The main time consumer is usually waiting for: HMRC IHT clearance, property sales to complete, and final tax returns to be agreed.
Common Mistakes Executors Make
Distributing assets too early. Executors can be personally liable for debts of the estate paid out of funds already distributed to beneficiaries. Wait until all debts, taxes, and known claims are settled.
Missing the self-assessment deadline. If the deceased filed self assessment, a final return must be submitted for the period to the date of death. The estate may also owe income tax on interest earned during administration.
Not advertising for creditors. For larger estates, placing a notice in the London Gazette (and a local newspaper) protects the executor from later claims by unknown creditors — if no claim is made within two months, the executor can distribute with protection.
Forgetting income tax on estate income. Interest, rent, and dividends received by the estate after the date of death are subject to income tax and must be reported in an estate tax return (R185).