UK Probate Explained in 2026

Probate is the legal process by which the executor of a will (or the administrator of an intestate estate) obtains the formal authority to deal with the deceased's assets. The grant of probate (or letters of administration) is the document that banks, building societies, share registrars, and the Land Registry require before they will transfer ownership or release funds. For most UK families, probate is the practical bottleneck between bereavement and the distribution of the estate.

This article explains how UK probate works in 2026, the steps involved, the timelines, the interaction with inheritance tax, and the practical considerations for executors and families.

What probate is

Probate is the High Court's formal recognition that a will is valid and that the executor named in the will (or administrator appointed under intestacy rules) has authority to act for the estate. The grant is issued by the Probate Service, which is part of HM Courts and Tribunals Service.

Once the grant is issued, the executor can collect in the deceased's assets, pay debts and any IHT due, and distribute the residue to the beneficiaries named in the will or determined by the intestacy rules.

When probate is required

Whether probate is required depends on the assets held by the deceased and the policies of the institutions holding those assets.

Property in sole name

Where the deceased owned residential or commercial property in their sole name, probate is almost always required because the Land Registry requires the grant before transferring or selling the property.

Bank and building society accounts

Banks and building societies have internal thresholds above which they require probate before releasing funds. Thresholds vary by provider and account size; many providers require probate for balances above 5,000 to 50,000 pounds.

Investments and shares

Most share registrars and investment platforms require probate before transferring or selling holdings, particularly for shares held in certificated form.

Joint assets

Assets held jointly with right of survivorship (most commonly joint bank accounts and jointly owned property held as joint tenants) pass automatically to the surviving joint holder and do not normally require probate. The Land Registry can update the title on receipt of a death certificate alone for jointly held property.

Small estates

The 'small estates' threshold and the various provider thresholds mean that very small estates often do not require probate. Where the estate consists only of small bank balances, personal effects, and joint assets passing by survivorship, probate may not be needed.

Who applies for probate

Executor where there is a will

The will names one or more executors who take responsibility for administering the estate. There can be multiple executors who act jointly. Executors can apply themselves or instruct a solicitor to apply on their behalf.

Administrator where there is no will

Where the deceased left no valid will (intestacy), the rules of intestacy determine both the distribution of the estate and who is entitled to administer it. The priority order is set out in the Non-Contentious Probate Rules and runs through spouse, children, parents, siblings, and more distant relatives. The applicant in this case applies for a grant of letters of administration.

The application process

Gathering information

Before applying, the executor or administrator gathers information about the deceased's assets, debts, and any lifetime gifts within seven years of death. This information feeds the IHT calculation and the probate application.

Submitting IHT400

For most estates with IHT to pay, or where IHT400 is otherwise required by HMRC's rules, the IHT400 return is submitted to HMRC. Where no IHT is due and the estate is an 'excepted estate' under HMRC's simplified rules, the executor completes a reduced reporting requirement on the probate application itself rather than submitting IHT400. The post-2022 excepted-estate rules simplified the process for many smaller estates.

Paying IHT

Any IHT due must usually be paid (at least in part) before probate is granted. HMRC's IHT421 form, issued after the IHT calculation, is required for the probate application. Banks can release funds directly to HMRC under the Direct Payment Scheme. IHT on property can be paid in 10 instalments over 10 years with interest, although the first instalment is still due before probate.

Applying to the Probate Service

The probate application is submitted to the Probate Service either online (the standard route for most cases) or on paper. The current application fee in 2026 is 273 pounds for estates above the small estates threshold of 15,000 pounds; estates below the threshold pay no fee.

The grant

The Probate Service reviews the application and, if satisfied, issues the grant of probate (or letters of administration). The grant is the executor's authority to act for the estate.

Probate timelines

The probate timeline has varied over recent years. Standard cases are commonly granted within 8 to 16 weeks of application. Complex cases (substantial IHT calculations, contested wills, multiple beneficiaries with conflicting interests, foreign assets) can take materially longer. The Probate Service publishes current processing times on gov.uk.

From the date of grant, administering the estate typically takes a further 3 to 12 months for straightforward estates, longer for complex ones. The whole process from death to final distribution commonly takes 9 to 18 months.

What executors must do

Executors have legal duties to administer the estate properly. The main duties are:

• Identify and value all assets and liabilities
• Complete IHT calculations and submit returns
• Pay debts and IHT
• Notify all asset holders and creditors
• Collect in assets
• Account to beneficiaries
• Distribute the residue in accordance with the will (or intestacy rules)
• Keep records and account for the administration

Executors can be personally liable for losses caused by failures in administration, so many executors choose to instruct a solicitor or licensed probate practitioner to help.

Common complications

Contested wills

Wills can be contested on various grounds including lack of capacity, undue influence, lack of formalities, and reasonable financial provision claims under the Inheritance (Provision for Family and Dependants) Act 1975. Contested probate is a specialist area and benefits from solicitor involvement from the outset.

Missing or unknown beneficiaries

Executors must take reasonable steps to identify and locate beneficiaries. Where beneficiaries cannot be located, executors can take out missing beneficiary insurance to protect themselves against later claims.

Foreign assets

Where the deceased held assets in other jurisdictions, the foreign assets may require separate probate or equivalent procedures in the relevant country. Some jurisdictions accept resealing of the UK grant; others require a fresh application. Coordination between UK and foreign solicitors is essential.

Insolvent estates

Where the estate's debts exceed its assets, the estate is insolvent and a different administration regime applies (typically administration under the Insolvent Estates of Deceased Persons Order 1986). Executors should not distribute an insolvent estate to general beneficiaries; they should seek specialist advice.

DIY probate or use a professional

UK probate can be applied for personally by the executor or administrator without engaging a solicitor. For straightforward estates (modest value, single property, clear will, all beneficiaries identified), DIY probate can save several thousand pounds. The Probate Service's online application supports personal applications.

For complex estates (high value, business assets, multiple beneficiaries, potential disputes, foreign elements, complex IHT positions), professional involvement reduces risk and is usually worthwhile. The fees of a solicitor or licensed probate practitioner are payable from the estate.

Caveats and renunciation

A person with grounds to challenge a probate application can lodge a caveat with the Probate Service, which suspends the application pending resolution. An executor named in the will who does not wish to act can renounce or step aside, allowing the next-named executor or, if none, an administrator to apply.

Grants of probate versus letters of administration

The two main grant types issued by the Probate Service differ in how authority to administer the estate is established. A grant of probate is issued where the deceased left a valid will and the executor named in the will applies. The executor's authority derives from the will itself; the grant confirms the will's validity and the executor's appointment. A grant of letters of administration is issued where there is no valid will (intestacy) or no executor is able and willing to act. The administrator's authority derives from the rules of intestacy and the priority order set out in the Non-Contentious Probate Rules 1987.

Where there is a will but the named executor does not wish to act, that executor can renounce probate in favour of the next-named executor or, if none, an administrator who is a beneficiary of the will applies for letters of administration with will annexed. The procedural difference matters principally because the administrator's powers are more constrained until the grant is issued.

The IHT400 process and excepted estates

The IHT reporting requirement for probate has changed materially in recent years. Pre-2022 estates used either a simplified IHT205 return for low-value or non-taxable estates, or a full IHT400 return for taxable or complex estates. From 1 January 2022, the IHT205 was abolished. Estates classified as excepted estates under HMRC's rules now report a reduced set of information on the probate application itself rather than submitting any IHT return.

An excepted estate broadly falls into one of three categories: low-value (gross estate below the nil-rate band), exempt (most of the estate passes to a spouse, civil partner, or charity), or non-domiciled (where the deceased was never UK-domiciled and held only limited UK assets). The reform substantially reduced the administrative burden for the large majority of UK estates that do not need to pay IHT.

Estates above the excepted thresholds, or with complex assets, lifetime gifts to consider, or business property in the mix, complete the full IHT400 return with supporting schedules. The IHT400 is submitted to HMRC before probate is granted; HMRC issues an IHT421 reference number that the probate application requires.

The interim period: paying urgent costs before probate

From the date of death to the date probate is granted (typically 8 to 16 weeks for straightforward applications), the executor has limited authority to deal with the deceased's assets. Several mechanisms address urgent costs in this interim period. Banks will release funds for funeral costs directly to the funeral director on production of a death certificate, without waiting for probate. The Direct Payment Scheme allows banks to release funds for IHT directly to HMRC.

Most utility companies will continue to provide service to the deceased's main home for a period after death on production of the death certificate. Council Tax usually has a six-month exemption for empty properties of a deceased owner. Mortgages continue to attract interest charges and must be addressed, although lenders generally allow several months to either repay or transfer the loan during estate administration.

Caveats and contested probate

A person with grounds to challenge a probate application can lodge a caveat with the Probate Service. The caveat suspends the application pending resolution. Caveats are commonly entered where a later will has been found, where the validity of the will is in question (lack of capacity, undue influence, lack of formalities), or where a beneficiary intends to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

A standing search lets a person who expects a grant to be issued in the next six months receive a copy when it is issued. The standing search costs a small fee and is useful for potential beneficiaries who want to be notified promptly when administration begins.

DIY probate versus solicitor probate: cost comparison

For straightforward estates, DIY probate through the Probate Service's online application can be completed by the executor without engaging a solicitor. The total cost is typically 275 to 500 pounds (the application fee plus copies, plus any property valuation fees). For complex estates (high value, business assets, multiple beneficiaries, foreign elements, complex IHT positions), solicitor probate typically costs 1 to 5 percent of the estate value, depending on complexity and fee structure.

The cost difference between DIY and solicitor probate on a typical UK estate can be 3,000 to 15,000 pounds. The trade-off is risk: executors are personally liable for losses caused by failures in administration, and DIY probate places the full risk on the executor. For executors who would lose sleep over the responsibility, professional involvement is worth the cost; for confident executors of simple estates, DIY is a sensible economy.

Important: This article is for general information and does not constitute legal advice. UK probate procedures, fees, and IHT reporting requirements change. Verify the current position on gov.uk before applying. Complex estates, contested wills, foreign assets, and insolvent estates benefit from advice from a solicitor or licensed probate practitioner.

Frequently asked questions

Do I always need probate in the UK?

Not always. Probate is required for property held in the deceased's sole name and for bank accounts above the provider's threshold. Joint assets held with right of survivorship pass automatically to the surviving joint holder without probate. Very small estates often do not require probate.

How much does UK probate cost?

The current Probate Service application fee in 2026 is 273 pounds for estates above the small estates threshold of 15,000 pounds. Estates below the threshold pay no fee. Solicitor or licensed practitioner fees for estate administration vary widely depending on complexity and are paid from the estate.

How long does UK probate take?

Standard cases are commonly granted within 8 to 16 weeks of application. Complex cases take materially longer. From the date of grant, administering the estate typically takes a further 3 to 12 months. The whole process from death to final distribution commonly takes 9 to 18 months.

Who can apply for probate?

Where there is a will, the executor(s) named in the will apply. Where there is no will, the person entitled under the rules of intestacy applies for letters of administration. The priority order runs through spouse, children, parents, siblings, and more distant relatives.

What is the difference between probate and letters of administration?

A grant of probate is issued where there is a valid will and an executor named in it. A grant of letters of administration is issued where there is no valid will or no executor able to act. Both grants give the holder authority to administer the estate.

Can I do probate myself without a solicitor?

Yes, for straightforward estates. The Probate Service's online application supports personal applications. For complex estates, professional involvement reduces risk and is usually worthwhile. Fees of a solicitor or licensed probate practitioner are payable from the estate.