How to Apply for Probate UK 2026

UK executors and next of kin dealing with a death need to know how to apply for probate, the court process that gives legal authority to administer an estate. This guide explains how to apply in England and Wales: valuing the estate, reporting to HMRC, paying the HMCTS fee, and receiving the grant. It cites HM Courts and Tribunals Service and HMRC. Kael Tripton is an editorial publisher and not a regulated legal services provider. This article is information only and is not legal advice. Anyone administering an estate should consult an SRA-authorised solicitor or Citizens Advice for case-specific guidance.

What probate is

Probate is the process by which the court confirms who has legal authority to deal with the estate of a person who has died. The resulting grant is a court-sealed document that banks, the Land Registry, and other institutions accept as proof that the person named can collect, sell, and transfer the deceased's assets. The framework comes from the Administration of Estates Act 1925 and the Senior Courts Act 1981 (legislation.gov.uk).

Where there is a valid will naming an executor, that executor applies for a grant of probate. Where there is no will, or no willing executor, the next of kin applies for letters of administration and acts as an administrator. The two grants serve the same purpose, and the people who hold them are together called the personal representatives (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Not every estate needs probate: small estates and assets held jointly that pass by survivorship can sometimes be dealt with without a grant.

When probate is needed

Whether probate is required depends on what the estate contains and how assets are held. Many banks and building societies release funds without a grant where the amount is below a threshold they set, and assets owned jointly, such as a home held as joint tenants, usually pass automatically to the surviving owner without probate (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Where the estate includes property held in the deceased's sole name, or larger sums in financial institutions, a grant is normally needed.

The personal representatives are responsible for finding out whether probate is required, valuing the estate, dealing with any inheritance tax, and distributing what remains. Taking on the role carries legal duties, including paying debts and tax before distributing to beneficiaries, so it is important to understand the responsibilities before applying. Where the estate is insolvent or disputed, advice is particularly important.

The process step by step

1. Register the death and obtain certificates. Register the death and get death certificates, which are needed throughout the process (gov.uk, accessed June 2026).
2. Locate the will and identify the applicant. Find the original will, if any, to confirm who is the executor or, where there is none, the next of kin entitled to apply (gov.uk, accessed June 2026).
3. Value the estate. Work out the value of all assets and debts to establish the estate's value and any inheritance tax position (HMRC, gov.uk, accessed June 2026).
4. Report to HMRC. For an excepted estate, report the values within the probate application; for a taxable estate, submit form IHT400 and wait for HMRC to issue a unique code, usually within 20 working days (HMRC, gov.uk, accessed June 2026).
5. Apply and pay the fee. Apply online or on paper, with the original will where there is one, and pay the £300 fee for estates over £5,000 (HM Courts and Tribunals Service, gov.uk, accessed June 2026).
6. Receive the grant and administer the estate. Once the grant is issued, collect the assets, pay debts and tax, and distribute the estate (Administration of Estates Act 1925, legislation.gov.uk).

Costs and fees

The HMCTS probate application fee is £300 for estates valued above £5,000, and there is no fee where the estate is £5,000 or less (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Additional sealed copies of the grant, which let the personal representatives deal with several institutions at the same time, cost £16 each. If probate has already been granted and a further application is needed, that costs £21.

Help with the fee is available for those on low incomes or certain benefits, applied for using the Help with Fees process before applying for probate (HM Courts and Tribunals Service, gov.uk, accessed June 2026). These court fees are separate from any inheritance tax due on the estate, and from any professional fees if a solicitor or probate specialist is instructed. Inheritance tax, where it applies, is generally a far larger sum than the court fee and is dealt with through HMRC.

Common mistakes and things to watch

A frequent problem is applying before the inheritance tax position has been dealt with. For a taxable estate, the probate application cannot be submitted until HMRC has issued the unique code that follows an IHT400, usually within 20 working days (HMRC, gov.uk, accessed June 2026). Applying too early, or selecting the wrong inheritance tax route, causes the application to be stopped.

Other common issues include sending a copy of the will rather than the original, which the probate service generally requires, errors in the estate valuation, and missing or inconsistent details about the deceased or the applicant. Distributing the estate before all debts and tax are settled can leave the personal representatives personally liable. Checking the requirements carefully, and keeping clear records, reduces the risk of delay and of later claims.

How this connects to wills and probate

Applying for probate is the practical step that gives a will effect after death. The executor named in the will is the person who applies, which is why naming a willing and capable executor matters when the will is written. The fee for the application is set out in the guide to probate fees, and the time it takes is covered in the probate timeline guide.

Probate and inheritance tax are closely linked, because the tax usually has to be reported, and often paid, before the grant is issued. The companion guide to inheritance tax and probate explains the IHT400 and excepted estate routes in more detail. Where there is no will, the equivalent process is covered in the guide to applying for letters of administration. Together these steps move an estate from death to distribution.

When to use a solicitor versus doing it yourself

HM Courts and Tribunals Service runs an online probate service that lets personal representatives apply directly, and for a straightforward estate with a clear will and no inheritance tax this route is widely used at the cost of the court fee (HM Courts and Tribunals Service, gov.uk, accessed June 2026).

A solicitor or probate specialist becomes more valuable where the estate is large or complex, where inheritance tax is due, where there are business or overseas assets, where the will is unclear or disputed, or where the estate may be insolvent. Professional help can reduce the risk to the personal representatives, who can be personally liable for mistakes. The Law Society and the Solicitors Regulation Authority maintain registers of authorised solicitors (lawsociety.org.uk and sra.org.uk, accessed June 2026). The decision depends on the size and complexity of the estate and the confidence of the personal representatives.

FAQ: how to apply for probate in the UK

Who can apply for probate?

The executor named in the will applies for a grant of probate (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Where there is no will, or no willing executor, the next of kin entitled under the intestacy rules applies for letters of administration and acts as administrator (Administration of Estates Act 1925, legislation.gov.uk). Together these people are the personal representatives of the estate.

How much does it cost to apply for probate?

The application fee is £300 for estates valued above £5,000, and there is no fee for estates at or below £5,000 (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Additional sealed copies of the grant cost £16 each. Help with the fee is available for those on low incomes or certain benefits through the Help with Fees process.

Do I always need probate when someone dies?

Not always. Small estates, and assets held jointly that pass to the surviving owner by survivorship, can sometimes be dealt with without a grant (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Banks set their own thresholds for releasing funds without probate. Where the estate includes property in the deceased's sole name or larger sums, a grant is normally required.

What is the unique code from HMRC?

For a taxable estate that needs a full inheritance tax account on form IHT400, HMRC issues a unique code confirming the tax position, usually within 20 working days of receiving the form or payment (HMRC, gov.uk, accessed June 2026). The probate application cannot be submitted until this code is received. Excepted estates report values within the probate application instead.

How long does a probate application take?

GOV.UK guidance states a probate application can take up to 12 weeks to process where there is no delay in receiving documents, and longer where information is missing or inheritance tax is involved (HM Courts and Tribunals Service, gov.uk, accessed June 2026). Complex estates, missing original wills, or stopped applications can extend the timeline. The probate timeline guide covers this in more detail.