Probate is the legal process giving an executor authority to deal with a deceased person's estate. In England and Wales you apply for a Grant of Probate (if there is a will) or Letters of Administration (if there is no will) through HMCTS. You must resolve the inheritance tax position with HMRC before submitting the application.
| Key fact | Detail |
|---|---|
| Application fee | 300 pounds for estates above 5,000 pounds; free for estates of 5,000 pounds or less (Source: HMCTS 2026) |
| Processing time | 16-20 weeks for a digital application (Source: HMCTS 2025) |
| IHT must come first | HMRC must issue an IHT reference before you can submit the probate application |
| Executor personal liability | Executors who distribute before all debts are paid can be personally liable for those debts |
| Contested probate | Either party can enter a caveat halting the grant for 6 months |
Do You Need Probate?
Not every estate requires it. You may not need probate if all assets were jointly owned as joint tenants and pass automatically to the survivor, or if all accounts are below the bank's own threshold (typically 5,000-50,000 pounds -- ask each institution directly). If the estate includes property in the sole name of the deceased, stocks and shares, or bank accounts above the institution's threshold, probate will almost certainly be required.
Step 1 -- Establish the IHT Position
For excepted estates (typically below the IHT threshold with no complex assets), the process was simplified following the January 2022 update to excepted estates regulations. For estates where IHT may be due, complete form IHT400 -- a detailed return covering all assets, gifts made in the last 7 years, and reliefs claimed. Allow 4-6 weeks for HMRC to process and issue an IHT reference number. Any IHT due must be paid within 6 months of the end of the month of death. You can pay IHT directly from the deceased's bank account via the Direct Payment Scheme without waiting for probate. (Source: HMRC IHT Excepted Estates Regulations 2021)
Step 2 -- Apply Online at HMCTS
Apply at apply-for-probate.service.gov.uk. You need: the original will, the original death certificate or certified copy, the HMRC IHT reference number (for IHT400 cases), details of all executors, and the 300 pound application fee. You make a legal statement confirming the will is valid and you are the named executor -- making a false statement is a criminal offence under the Perjury Act 1911.
Step 3 -- Wait for the Grant
HMCTS target processing time is 16-20 weeks. Do not distribute any assets before the Grant is issued. The Trustee Act 1925 section 27 provides protection if you advertise for creditors in the London Gazette and wait two months before distributing -- standard practice for complex estates.
Step 4 -- Administer the Estate
- Send certified copies of the Grant to each bank, investment platform and pension provider
- Collect all assets into an executor's account
- Pay funeral expenses first (priority claim)
- Pay all debts in correct priority order
- File the estate's income tax return for the period from 6 April to date of death
- Distribute specific legacies named in the will
- Distribute the residual estate to residuary beneficiaries
- Provide a full estate account to all beneficiaries
When the Will Is Contested
Any person with a potential interest can apply to enter a caveat, preventing the Grant being issued for 6 months (renewable). Grounds for contesting include: lack of testamentary capacity, undue influence, fraudulent or forged will, and failure to provide for dependants under the Inheritance (Provision for Family and Dependants) Act 1975. Contested probate is heard in the Chancery Division of the High Court and can take 1-3 years. Obtain specialist legal advice immediately if a caveat is entered.
This article is for information only and does not constitute financial or legal advice. Consult a qualified adviser for guidance tailored to your situation. Check the FCA register at register.fca.org.uk before dealing with any financial firm.
Frequently Asked Questions
Can I apply for probate myself without a solicitor?
Yes. The HMCTS online service is designed for lay applicants and the majority of straightforward applications are completed without legal representation. Solicitors are advisable for contested wills, complex IHT positions, foreign assets or beneficiary disputes.
What is the difference between probate and letters of administration?
A Grant of Probate is issued when there is a valid will naming executors. Letters of Administration are issued when there is no will or when named executors cannot or will not act. The process and legal effect are the same -- both give the holder authority to deal with the estate.
How many death certificate copies do I need?
Order at least 8-10 certified copies when registering the death at 11 pounds each. Banks, pension providers, insurance companies, HMRC, the Land Registry and the Probate Registry all require original certified copies -- photocopies are not accepted.
Can the deceased's bank account pay for the funeral before probate?
Many banks will pay funeral expenses directly to the funeral director from the deceased's account before probate, on production of the death certificate and the funeral director's invoice. The Direct Payment Scheme also allows IHT to be paid directly from the deceased's bank account before probate.
Sources
- HMCTS Probate Service: apply-for-probate.service.gov.uk
- HMRC Inheritance Tax: gov.uk/inheritance-tax
- Trustee Act 1925: legislation.gov.uk
- Inheritance (Provision for Family and Dependants) Act 1975: legislation.gov.uk
