| Probate — Key Facts | |
|---|---|
| Who needs it | Required to access bank accounts, sell property and deal with most assets over ~£5,000 |
| Fee | £300 for estates over £5,000; free for estates under £5,000 (HMCTS 2026) |
| IHT threshold | £325,000 nil-rate band; +£175,000 residence nil-rate band if home passes to direct descendants |
| IHT rate | 40% on the estate above the available threshold |
| Timescale | 4–8 weeks for the grant once HMCTS receives the application; IHT clearance can add 4–12 weeks |
| PA1P / PA1A | PA1P if there is a will; PA1A if there is no will (intestacy) |
A grant of probate (or letters of administration if there is no will) is the legal document that gives the executor or administrator authority to deal with the deceased person's estate. Banks, HM Land Registry and most financial institutions will not release assets or transfer property without it.
Step 1 — Register the Death and Get Certified Copies
The death must be registered at the local register office within 5 days in England and Wales. You will receive a green certificate for burial or cremation and can purchase certified copies of the death certificate (typically £11 each). Order at least 6–8 certified copies — banks and financial institutions each require an original.
Step 2 — Value the Estate
Before applying you must value all assets and liabilities at the date of death. This includes: bank and building society accounts (get written valuations); property (formal RICS valuation or at minimum two estate agent valuations in writing); investments and shares (closing price on date of death from the London Stock Exchange Daily Official List); personal possessions over £500; and any business interests. Liabilities (mortgage balance, credit card debt, funeral costs) are deducted from the gross estate.
Step 3 — Calculate Inheritance Tax
IHT is charged at 40% on the estate above the available nil-rate band. The standard nil-rate band is £325,000. An additional Residence Nil-Rate Band (RNRB) of up to £175,000 applies if the deceased owned a home that passes to direct descendants (children, grandchildren). Unused nil-rate band from a deceased spouse or civil partner can be transferred — meaning a surviving spouse's estate may have up to £1,000,000 before IHT is due.
| Estate value | Available NRB | RNRB | IHT due (approx) |
|---|---|---|---|
| £400,000 (no property) | £325,000 | £0 | £30,000 |
| £600,000 (incl. home to children) | £325,000 | £175,000 | £40,000 |
| £800,000 (incl. home to children) | £325,000 | £175,000 | £120,000 |
| £1,000,000 surviving spouse estate | £650,000 | £350,000 | £0 |
Step 4 — Pay IHT and Obtain IHT421
IHT must be paid before HMCTS will issue the grant. If the estate has insufficient liquid assets, the Direct Payment Scheme allows banks to release funds directly to HMRC before probate is granted — approach the deceased's bank with form IHT423. HMRC issues form IHT421 (confirmation that IHT has been paid or no IHT is due) which is required to complete the probate application. (Source: HMRC IHT guidance)
| 💡 Tip: The Direct Payment Scheme (IHT423) is the correct route when the estate is property-heavy. Banks release funds for IHT directly to HMRC without waiting for the grant — this avoids the chicken-and-egg problem of needing the grant to access money to pay IHT. |
Step 5 — Submit the Probate Application
Apply online at gov.uk/applying-for-probate or by post using form PA1P (with will) or PA1A (no will). You will need: the original will and at least one certified copy; the death certificate; the IHT421 or IHT205 (for excepted estates); and the application fee (£300 for estates over £5,000; extra copies of the grant cost £1.50 each). Order at least 6 sealed copies of the grant — one for each significant asset.
Power of Attorney vs Probate
A Lasting Power of Attorney (LPA) ceases at death. The attorney has no authority to deal with the estate after the donor dies. Probate (or letters of administration) is the only mechanism for post-death asset administration in England and Wales. If the deceased had an LPA, it is irrelevant to the probate process.
| Disclaimer: This article is for information only and does not constitute financial, legal or tax advice. Figures are correct at date of publication but may change. Always check primary sources (gov.uk, FCA register) and consult a qualified adviser for guidance tailored to your situation. |
Frequently Asked Questions
Do I always need probate?
Not always. Assets held in joint names pass automatically by survivorship. Many banks will release accounts up to £5,000–£50,000 (varies by institution) without a grant using a small estates indemnity. Pensions do not form part of the estate and pass outside probate. Always check with each institution.
How long does probate take?
HMCTS currently issues grants in 4–8 weeks once the application is received. If HMRC raises enquiries on the IHT return the process can extend to 6–18 months. Contested probate (where someone challenges the will's validity) is handled by the Probate Registry and can take years.
Can I apply for probate myself without a solicitor?
Yes. Most straightforward estates can be administered without a solicitor. The gov.uk apply-for-probate service is clear and the HMRC IHT guidance covers most situations. Solicitors are advisable where the estate is over £1 million, where there are foreign assets, a business, or where the will is disputed.
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