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How to Apply for Probate in the UK: Complete Step-by-Step Guide

· 33 min

Note: The following scenario is fictional and used for illustration.

James, 56, was named executor in his father's will. He thought applying for probate would be straightforward—just fill in a form and wait. Eight months later, he's still stuck in the process. His mistake? He submitted the wrong inheritance tax form, undervalued the estate by £80,000, and paid the £300 probate fee before realizing he'd need to start again. The delay cost the family over £12,000 in additional legal fees and estate management costs.

James isn't alone. In January to March 2025, there were 65,099 probate grant applications in England and Wales—and many applicants face similar frustrations. The good news? With the right guidance, applying for probate doesn't have to be overwhelming. Online applications now take just 4-6 weeks to process (down from 15.8 weeks in late 2023), and 92% of applicants successfully apply digitally without solicitor assistance.

This guide walks you through the entire probate application process—from determining whether you need probate at all, to submitting your application, to receiving your grant. You'll learn exactly which forms to complete, how to avoid the most common mistakes, and when it's worth paying for professional help.

Table of Contents

What is Probate and When Do You Need It?

Probate is the legal right to deal with someone's estate—their property, money, and possessions—when they die. In England and Wales, you need this legal authority before banks, building societies, or the Land Registry will allow you to access assets or transfer ownership.

The term "grant of probate" applies when someone dies with a valid will. If there's no will, you apply for "letters of administration" instead. Both documents serve the same purpose: they give you legal authority to act on behalf of the deceased person's estate.

You'll need probate if the deceased owned property in their sole name, regardless of value. You'll also need it if they had solely-owned assets worth more than £5,000 to £50,000, depending on the institution's threshold. Banks and building societies set their own limits—some release funds up to £50,000 without probate, while others require it for anything over £5,000. Shares and investments almost always require probate.

However, you may not need probate if assets were jointly owned with someone else and pass automatically to the surviving owner through joint tenancy. Small estates below £5,000 total value typically don't require probate either. Assets already held in trust also pass without requiring probate.

Sarah owned a £280,000 house in her sole name and had £18,000 in savings. Her executor needed probate to sell the house and access the bank accounts, even though no inheritance tax was due. The property ownership alone triggered the probate requirement.

Understanding whether you need probate is your first step. If you're uncertain, contact the institutions holding the deceased's assets and ask about their specific thresholds. Most will provide clear guidance about whether they require a grant of probate before releasing funds.

Who Can Apply for Probate?

If there's a will, the executors named in the will have the legal right to apply for probate. A will can name up to four executors to act simultaneously, though typically only one or two actually complete the application. You must be 18 or over to act as an executor.

If there's no will, the closest living relative applies for letters of administration under intestacy rules. The priority order is: spouse or civil partner first, then children, then parents, then siblings, then more distant relatives. Only those with legal standing under intestacy rules can apply.

What happens if an executor doesn't want to act? They can formally renounce their role before applying by completing a renunciation form. This is a permanent decision—they can't change their mind later. Renunciation is different from "reserving power," where an executor steps back temporarily but retains the right to act later if needed.

When multiple executors are named, they don't all need to apply. Some can reserve their power while others complete the application. This flexibility helps when executors live abroad or simply prefer not to be involved in the day-to-day administration.

David was named executor alongside his sister Emma. Emma lived abroad and didn't want to be involved, so she signed a renunciation form, allowing David to apply alone. This simplified the process considerably—David didn't need Emma's signature on every document or bank form.

Check the will carefully for the exact names and addresses of all executors. The probate registry needs accurate executor details, including full legal names and current addresses. If an executor has died since the will was made, you'll need to provide their death certificate when applying.

Before You Apply: Essential Preparation Steps

Preparation is critical. Rushing into a probate application without gathering all necessary information causes most delays.

Step 1: Register the death and obtain the death certificate

You'll need either the original death certificate or an interim death certificate. Most probate applications require the original, not a photocopy. Order multiple certified copies when registering the death—you'll need them for banks, building societies, and other institutions.

Step 2: Locate the original will

Find the most recent valid will. This is critical—using an outdated will causes serious legal problems. Check with the National Will Register if you can't locate the original. Some solicitors store wills indefinitely; contact any firm the deceased used.

Step 3: Value the estate

Create a complete inventory of all assets and debts. Include property (obtain professional valuations for accuracy), bank accounts, savings, investments, shares, personal possessions, vehicles, and any debts or mortgages. HMRC can challenge estate valuations up to 20 years after death, so accuracy matters.

Step 4: Determine if inheritance tax is due

The nil-rate band is currently £325,000. If the deceased was married or in a civil partnership and their spouse died first, you may be able to claim the transferable nil-rate band, effectively increasing the threshold to £650,000. The residence nil-rate band can add another £175,000 if the deceased left their main home to direct descendants.

Step 5: Apply for an Inheritance Tax reference number if needed

If the estate requires form IHT400, you must submit it to HMRC and wait approximately 20 working days before you can apply for probate. HMRC issues a reference number once they've received and processed your IHT400.

Step 6: Gather all required documents

You'll need the original will, death certificate, detailed asset valuations, bank statements, property valuations, share certificates, and details of all debts. Missing documents cause immediate delays.

Professional valuations matter for property worth over £100,000. Using online estimates like Zoopla or Rightmove may seem sufficient, but HMRC often challenges these figures. A professional RICS valuation costs £200-£500 but prevents disputes that could cost far more.

Michael started gathering documents immediately after his mother's death. It took him six weeks to obtain property valuations, contact all banks, and collect share certificates—but having everything ready meant his application was approved without delays or requests for additional information.

This preparation typically takes four to eight weeks for straightforward estates. Complex estates with business assets, foreign property, or multiple investments can take significantly longer.

Understanding Probate Fees and Costs

The official probate application fee in England and Wales is £300 if the estate is worth over £5,000. There's no fee if the estate is £5,000 or less.

Extra copies of the grant cost £1.50 each. Order enough copies for all institutions that require them—typically five to ten copies for most estates. You'll need to send these to banks, building societies, pension providers, and the Land Registry.

If you apply for probate yourself, your total cost is just the £300 fee plus copy costs. This is DIY probate—no solicitor involvement, no additional fees beyond the official charges.

Solicitor fees tell a different story. Basic probate services typically start at £5,000 for straightforward estates. Complex estates can cost £10,000 to £36,000 or more, depending on estate value and complexity. Many solicitors charge a percentage of the estate value—typically 2% to 5%—rather than a fixed fee.

The cost difference is substantial. An executor handling a £400,000 estate themselves pays £300. Using a solicitor charging 3% costs £12,000.

However, DIY probate isn't appropriate for everyone. Complex estates with business assets, foreign property, potential disputes, or significant tax planning requirements justify solicitor fees. One mistake on an IHT400 form can trigger HMRC penalties and investigation costs that exceed solicitor fees.

Help with fees is available for applicants receiving certain benefits or with income below specific thresholds. If you qualify, you may pay reduced fees or no fee at all. Check eligibility on the GOV.UK help with probate fees guidance.

Hidden costs include professional property valuations (£200-£500), estate agent fees if selling property (1% to 3% of sale price), and accountant fees for complex tax calculations (£500 to £2,000).

Lisa's father's estate was worth £420,000. She applied for probate herself, paying just the £300 fee. Her friend used a solicitor for a similar estate and paid £6,200. Both received their grants within six weeks. Lisa saved £5,900 by doing the work herself.

The government has consulted on a banded fee structure where fees would increase with estate value, with a maximum fee of £20,000 for estates over certain thresholds. However, this hasn't been implemented as of 2025—the flat £300 fee remains in effect.

Which Inheritance Tax Forms Do You Need?

Understanding which inheritance tax form you need prevents costly delays.

For deaths after 1 January 2022, the rules changed significantly. If the estate qualifies as an "excepted estate" (broadly, estates under £325,000 with no complex features), you don't need to complete a separate HMRC form. Instead, you provide estate details directly in your online probate application or on form PA1P if applying by post.

An excepted estate includes estates where the gross value is under £325,000 (or £650,000 if transferring unused nil-rate band from a deceased spouse), or estates worth up to £1,000,000 where everything passes to a spouse, civil partner, or charity.

For deaths between 6 April 2011 and 31 December 2021, you use form IHT205 for excepted estates. If you're dealing with an estate from this period, you'll need to complete IHT205 separately.

Form IHT400 is required for non-excepted estates. You must complete IHT400 if:

  • The gross estate exceeds £325,000 and assets don't all pass to a spouse or charity
  • The deceased made gifts exceeding £3,000 per year in the seven years before death
  • The estate includes assets held in trust
  • The estate includes foreign assets
  • The deceased was domiciled outside the UK

IHT400 is a comprehensive 14-page form requiring detailed asset valuations, gift information, and supporting schedules. Common supporting forms include IHT402 (transferring unused nil-rate band), IHT405 (houses and land), IHT406 (bank and building society accounts), and IHT413 (deceased's residence).

If you need IHT400, submit it to HMRC and wait approximately 20 working days before applying for probate. HMRC sends form IHT421 to the probate registry—you can't apply until this has been received.

Inheritance tax must be paid within six months of death, regardless of whether probate has been granted. Interest charges apply after this deadline. If tax is due, you must pay at least some of it before probate is granted, though you can pay the remainder on property in instalments over ten years.

Common mistake: using the wrong form causes three to six month delays. Calculate your estate value carefully and check whether any of the IHT400 triggers apply before deciding which route to take.

Robert's mother's estate was worth £380,000, with £50,000 in gifts made five years before death. He initially thought he could use the simple online form, but the gifts meant he needed IHT400. This added eight weeks to his timeline as he had to gather seven years of bank statements and gift documentation.

If you're unsure which form you need, consult the HMRC Inheritance Tax helpline or consider getting professional advice for this step alone.

How to Apply for Probate Online

Online applications are faster, easier, and less error-prone than paper applications. 92% of probate applications in 2025 are made digitally.

You can apply online if:

  • You're applying in England or Wales
  • The deceased died after January 2022
  • There's a valid original will naming you as executor
  • The estate is straightforward with no complex features

You cannot apply online if you only have a copy will (the original is lost), an attorney is applying on behalf of an executor, there are multiple administrators applying under intestacy, or the deceased was domiciled outside England and Wales.

The step-by-step online process:

Step 1: Create a GOV.UK account and start your application at apply-for-probate.service.gov.uk.

Step 2: Answer eligibility questions. The system checks whether you can apply online based on your answers. If you're not eligible, it redirects you to the paper application process.

Step 3: Provide details of the deceased—full legal name, date of death, date of birth, last permanent address, and marital status.

Step 4: Provide executor details for all executors named in the will—full names, addresses, and whether they're applying now, reserving power, or renouncing.

Step 5: Complete the estate summary. List all assets requiring probate—property addresses and values, bank accounts and balances, shares and investments. Don't include jointly owned assets that pass by survivorship.

Step 6: Declare the inheritance tax position. Confirm whether inheritance tax is due, whether you've submitted form IHT400 and received the HMRC reference number, or whether the estate is excepted.

Step 7: Pay the £300 fee online using a debit or credit card, or apply for fee exemption if you're receiving certain benefits.

Step 8: Submit your application. You'll receive a confirmation email with instructions for sending the original will and death certificate.

Step 9: Post the original will and death certificate to the address provided in your confirmation email. Use recorded delivery—these documents are irreplaceable.

The online system validates your answers as you go, catching errors before you submit. You can save your progress and return later if you need to gather additional information.

Processing time for online applications is approximately four to six weeks once all documents are received. The grant is posted to the executor's address once approved.

Jennifer completed her online probate application in under two hours. She posted the original will and death certificate the next day using Royal Mail Tracked 24. Her grant arrived five weeks later—much faster than her solicitor had estimated when she first asked for a quote.

The online service is available 24/7, so you can complete your application whenever convenient. The system includes help text explaining each question, making it accessible even if you've never dealt with probate before.

How to Apply for Probate by Post

Paper applications take significantly longer to process but remain necessary for certain situations.

You must apply by post if:

  • The original will has been lost and you're using a copy
  • An attorney is applying on behalf of an executor
  • Multiple administrators are applying under intestacy rules
  • The deceased was domiciled outside England and Wales

The forms you need depend on whether there's a will. Use form PA1P if there's a will, or form PA1A if there's no will and you're applying for letters of administration.

The step-by-step paper process:

Step 1: Download and print form PA1P or PA1A from GOV.UK, or request forms by calling the probate helpline on 0300 303 0648.

Step 2: Complete all sections in black ink. Provide executor or administrator details, deceased details, estate value, and inheritance tax information. Sign and date the form where indicated.

Step 3: Gather the original will and original death certificate. Photocopies are not accepted except in specific circumstances where the original will is lost.

Step 4: Complete inheritance tax forms if applicable—either the estate information in the PA1P form itself or form IHT400 if required.

Step 5: Send everything to: Probate Service Centre, HMCTS Probate, PO Box 12625, Harlow CM20 9QE.

Step 6: Include payment—a cheque for £300 made payable to "HM Courts & Tribunals Service," or a completed fee exemption application if eligible.

Processing time for paper applications is eight to ten weeks, significantly longer than online applications. Common errors include missing signatures, photocopied documents instead of originals, incomplete executor details, and sending applications to the wrong address.

If you haven't received your grant after 12 weeks, call the probate helpline on 0300 303 0648 (Monday to Friday, 9am to 1pm) to check progress.

Graham's father's will had been lost, so he could only submit a certified copy along with evidence explaining why the original wasn't available. This meant a paper application was required. He carefully completed form PA1P, included all supporting documents, and received his grant nine weeks later—still faster than many online applications during the backlog period.

The probate registry may request additional information if anything is unclear. Respond promptly to any queries to avoid further delays. Most requests concern unclear executor details, missing documentation, or questions about estate valuations.

Probate Processing Times and Timelines

Current probate processing times have improved dramatically from the backlog experienced in 2023-2024.

As of mid-2025, online applications take approximately four to six weeks from application submission to grant issue. Paper applications take eight to ten weeks.

The probate service has made significant improvements. Open cases fell from 46,954 in March 2024 to 24,061 in March 2025—a 49% reduction. Average waiting times dropped from 15.8 weeks in late 2023 to just over four weeks by December 2024.

Digital applications that proceed without complications are issued in less than one week on average. However, most applications take longer because of additional information requests, missing documents, or HMRC processing times for inheritance tax forms.

Full probate timeline breakdown:

Pre-application preparation takes four to eight weeks. This includes gathering documents, obtaining death certificates, locating the will, valuing assets, and deciding which inheritance tax forms you need.

HMRC processing for IHT400 takes four to six weeks. You must wait 20 working days after submitting IHT400 before applying for probate, as HMRC needs to send form IHT421 to the probate registry.

Probate registry processing adds four to ten weeks depending on whether you apply online or by post.

Total time from death to receiving the grant typically ranges from 12 to 24 weeks for straightforward estates.

Estate distribution takes another three to six months after receiving the grant. You need to pay debts, advertise for creditors, sell assets if necessary, and distribute to beneficiaries.

The overall process from death to final estate distribution typically takes six to twelve months for straightforward estates. Complex estates involving business assets, property sales, tax disputes, or contested wills can extend to two years or longer.

Factors causing delays:

Incorrect forms or missing information cause three to six month delays. The probate registry returns incomplete applications, and you must start again.

Inheritance tax disputes with HMRC add six months or more. If HMRC challenges your estate valuation, expect lengthy correspondence and possibly formal investigations.

Will challenges or caveats halt the process entirely. If someone objects to the will's validity, probate cannot be granted until the dispute is resolved—this can take months or years.

Property valuation disputes add two to six months if HMRC questions your figures and you need to provide additional evidence or obtain new valuations.

How to speed up the process:

Apply online if you're eligible—it's consistently faster than paper applications. Submit complete and accurate forms the first time—double-check everything before submitting. Respond quickly to any queries from the probate registry or HMRC. Avoid peak times if possible—January to March sees the highest application volumes following deaths during winter months.

Claire applied online in April 2025 with all documents ready. Her simple estate received probate in five weeks. Her cousin applied in January with incomplete property valuations and waited 14 weeks, plus another eight weeks to correct the errors and resubmit.

Patience is essential. Even with improved processing times, probate takes several months from start to finish. Plan accordingly and set realistic expectations with beneficiaries about when they can expect to receive their inheritance.

Common Probate Application Mistakes to Avoid

Most delays and rejections stem from preventable errors.

Mistake 1: Incorrectly completing forms

This is the most common error. Incomplete sections, incorrect dates, wrong asset values, or missing signatures cause immediate rejection. The probate registry returns your application, and you must correct it and resubmit—adding weeks or months to your timeline.

Solution: Double-check every entry before submitting. Use the online application if possible—it validates answers as you go. Have someone else review your completed paper form before posting.

Mistake 2: Using the wrong inheritance tax form

Choosing between excepted estate status and form IHT400 confuses many applicants. Using the wrong approach means redoing everything.

Solution: Calculate estate value accurately before choosing your route. If you're close to the £325,000 threshold or the estate has any complex features, consider whether IHT400 is safer even if the estate might technically be excepted.

Mistake 3: Missing tax exemptions and reliefs

Failing to claim the residence nil-rate band or transferable nil-rate band means paying more tax than necessary—or completing the wrong forms because you've miscalculated whether tax is due.

Solution: Research all available exemptions and reliefs. The residence nil-rate band alone can add £175,000 to your threshold if the deceased left their main home to children or grandchildren. Consult a tax advisor if you're unsure.

Mistake 4: Inaccurate estate valuations

Undervaluing or overvaluing assets causes problems. Undervaluation leads to HMRC challenges, penalties, and possible fraud investigations. Overvaluation means paying more inheritance tax than necessary.

Solution: Obtain professional RICS valuations for property worth over £100,000. Use exact bank balances as of the date of death, not estimates. For shares, use the closing price on the date of death, not current values.

Mistake 5: Using an outdated will

Administering the estate according to old will terms when a more recent will exists creates serious legal problems and potential personal liability for executors.

Solution: Search thoroughly for the most recent will. Check with the National Will Register, contact any solicitors the deceased used, and search the deceased's papers carefully. Ask family members if they're aware of any recent will changes.

Mistake 6: Missing documents or sending photocopies

The probate registry requires original documents—original will, original death certificate. Sending photocopies causes rejection.

Solution: Create a checklist of required documents before submitting. Verify you have originals, not copies. If the original will is lost, follow the specific procedure for copy wills, including evidence explaining the loss.

Mistake 7: Distributing the estate too early

Paying beneficiaries before probate is granted or before all debts are confirmed exposes executors to personal liability. Unknown creditors can emerge months later.

Solution: Wait until the grant is received before distributing any assets. Place statutory notices in the London Gazette and a local newspaper to advertise for creditors—this gives you two months of protection against unknown debts.

Mistake 8: Missing the inheritance tax deadline

Inheritance tax is due within six months of death. Interest charges apply on late payments, even if probate hasn't been granted.

Solution: Set calendar reminders for all tax deadlines. If you can't pay the full amount immediately, pay at least enough to avoid interest, and arrange instalments for tax on property if necessary.

Mistake 9: Failing to advertise for creditors

Not placing statutory notices means you're not protected against unknown creditors who emerge later. You could be personally liable for debts you didn't know about.

Solution: Place notices in the London Gazette and a local newspaper serving the area where the deceased lived. Wait the full two months before distributing the estate. This protection is worth the small advertising cost (typically £200-£300).

Mistake 10: Mixing personal and estate funds

Using personal bank accounts for estate transactions creates confusion, makes it harder to prepare estate accounts, and can lead to questions about whether you've misused estate assets.

Solution: Open a separate executor bank account specifically for estate transactions. Keep meticulous records of all income and expenses. This makes estate accounting straightforward and provides clear evidence of proper administration.

Paul distributed £40,000 to beneficiaries before advertising for creditors. When an unexpected debt of £12,000 emerged six months later, he had to recover money from beneficiaries—a costly and embarrassing process. One beneficiary refused to return the funds, leaving Paul personally liable for the debt.

These mistakes share a common theme: rushing the process or failing to understand the requirements. Take your time, understand what you're doing, and don't hesitate to get professional advice for specific concerns.

What Happens After You Receive the Grant of Probate?

Receiving the grant of probate is a milestone, but your work as executor continues for several months.

The grant is a multi-page official document sealed by the probate registry. It confirms your legal authority to deal with the estate. Order enough copies when you apply—£1.50 each—because you'll need to send copies to multiple institutions.

Immediate next steps:

Send certified copies to all banks, building societies, and financial institutions holding the deceased's assets. Most institutions freeze accounts immediately after being notified of death and only release funds once they receive the grant.

Access and consolidate the deceased's accounts. Transfer funds to your executor account to pay debts and expenses.

Sell assets if necessary. If the will requires property to be sold rather than transferred to specific beneficiaries, you can now proceed with the sale. Contact estate agents, instruct solicitors for the conveyancing, and manage the sale process.

Pay all outstanding debts. This includes mortgages, credit cards, utility bills, and any other liabilities. Debts must be paid before distributing to beneficiaries.

Pay any remaining inheritance tax. If you paid only a partial amount before probate, pay the balance now.

Advertise for creditors by placing notices in the London Gazette and a local newspaper. Wait the full two months before distributing the estate—this protects you against unknown creditors.

Prepare estate accounts showing all assets, debts, income, expenses, and proposed distributions. Share these accounts with beneficiaries so they understand how you've calculated their inheritance.

Distribute assets to beneficiaries according to the will terms. Obtain signed receipts from each beneficiary acknowledging what they've received.

Timeline: estate distribution typically takes three to six months after receiving the grant for straightforward estates. Complex estates with property sales or business assets take longer.

Executor responsibilities continue throughout:

You have a duty to act in beneficiaries' best interests, maintain accurate records of all transactions, respond to reasonable queries from beneficiaries, and avoid conflicts of interest. Keep detailed records—bank statements, receipts, correspondence—for at least twelve years.

Estate accounts should show:

  • Opening estate value
  • All assets realized (property sales, account closures)
  • All debts and expenses paid
  • Inheritance tax paid
  • Final distributions to beneficiaries

After receiving probate, Karen ordered five copies of the grant (£7.50 total). She sent one to each bank and building society, which released the funds within two weeks. She paid all debts, advertised for creditors, waited two months, then distributed the estate. The entire process took four months from receiving probate to final distribution.

Final steps:

Get beneficiary receipts confirming what each person received. Close the executor bank account once all transactions are complete. File any final tax returns required for the estate. Keep copies of all estate records for your own protection.

Your role as executor ends once you've distributed all assets and obtained receipts. However, keep your estate administration records indefinitely—beneficiaries or HMRC could raise queries years later.

When You Should Use a Probate Solicitor

Deciding between DIY probate and hiring a solicitor depends on estate complexity and your confidence level.

When DIY probate is suitable:

If the estate value is under £500,000 with straightforward assets, DIY probate usually works well. If no inheritance tax is due or only simple IHT400 is required, most executors manage without solicitor help. If no disputes are expected and beneficiaries agree on distributions, DIY is appropriate. If assets are straightforward—residential property, bank accounts, few shares—the process is manageable. If the deceased was UK-domiciled and the will is clear and valid, you can proceed alone.

Current statistics support this. 92% of applicants successfully use the online probate service without solicitor assistance.

When you should use a solicitor:

Complex estates justify professional fees. Use a solicitor if the estate includes business assets, foreign property, assets held in trust, or agricultural property. If significant inheritance tax planning is needed to minimize tax liability, solicitor advice becomes valuable. If the will might be contested by disappointed beneficiaries or if a dependant was deliberately excluded (potential Inheritance Act claims), you need legal representation. If the estate is insolvent with debts exceeding assets, professional help is essential. If multiple jurisdictions are involved—property in Scotland, assets abroad—complexity increases substantially. If you lack time or confidence as executor, or if you have your own health issues or other commitments, paying a solicitor may be worth it for peace of mind.

Cost comparison:

DIY probate costs £300 plus any professional valuations you need. Solicitor fees start at £5,000 for basic estates and rise to £36,000 or more for complex estates. Many solicitors charge a percentage of estate value—typically 2% to 5%—rather than fixed fees.

A hybrid option exists: limited scope advice. You complete most of the work yourself but pay a solicitor to review your forms, check your calculations, or provide advice on specific issues. This typically costs £500 to £1,500 and gives you professional oversight without paying for full representation.

Questions to ask solicitors:

Before hiring a solicitor, clarify their fee structure. Do they charge a fixed fee or a percentage? What exactly is included—just the probate application or full estate administration? What's excluded that might cost extra? What's their timeline estimate for your specific estate? Can they provide references from similar estates they've administered?

Tom's mother's estate included a Spanish property, UK business shares, and a discretionary trust. He initially tried DIY probate but quickly realized he needed specialist help. The £8,500 solicitor fee was worth it to avoid costly mistakes with foreign property laws, business asset valuations, and trust tax implications.

For most straightforward estates—residential property, bank accounts, simple investments, no inheritance tax or straightforward tax—DIY probate works well and saves thousands of pounds. For complex estates with unusual assets, significant tax planning opportunities, or potential disputes, solicitor fees become worthwhile.

If you're unsure, start gathering information yourself. If it feels manageable, continue. If you become overwhelmed or encounter complications, consult a solicitor at that point. You're not locked into DIY from the start.

Frequently Asked Questions

Q: Do I need probate if there is a will?

A: You typically need probate if the deceased owned property in their sole name, had solely-owned assets worth more than £5,000-£50,000 (varies by institution), or owned shares or investments. You may not need probate if assets were jointly owned and pass automatically to the surviving owner, or if the estate value is below institutional thresholds.

Q: How much does it cost to apply for probate in the UK?

A: The probate application fee is £300 if the estate is worth over £5,000. There's no fee if the estate is £5,000 or less. Additional costs include extra copies of the grant (£1.50 each), solicitor fees if you use one (typically £5,000+ for basic estates), and potential professional valuation costs.

Q: How long does probate take in the UK in 2025?

A: As of 2025, online probate applications take approximately 4-6 weeks to process, while paper applications take 8-10 weeks. The entire probate process from death to estate distribution typically takes 6-12 months for straightforward estates, though complex cases can extend to 2+ years.

Q: Can I apply for probate myself without a solicitor?

A: Yes, you can apply for probate yourself (DIY probate) if the estate is straightforward. The government provides online and postal application services. However, you should consider using a solicitor if the estate is complex, involves business assets, includes foreign property, or if the will might be contested.

Q: What documents do I need to apply for probate?

A: You'll need the original signed will (if there is one), the original death certificate or an interim death certificate, details of all estate assets and debts, completed inheritance tax forms (estate information for excepted estates or IHT400 for taxable estates), details of all executors, and the probate application fee payment.

Q: What is the difference between probate and letters of administration?

A: Probate (or "grant of probate") is issued when someone dies with a valid will, giving executors legal authority to administer the estate. Letters of administration are issued when someone dies without a will (intestate), giving the closest living relative legal authority to act as administrator.

Q: What happens if I make a mistake on my probate application?

A: Mistakes on probate applications cause delays of several weeks to 6+ months depending on severity. Common errors include incorrect form completion, missing documentation, valuation errors, or incomplete executor details. HMRC may also impose penalties for inheritance tax form errors. Always double-check forms before submission.

Q: Do I need to pay inheritance tax before getting probate?

A: Yes, if inheritance tax is due, you must pay at least some of it before probate is granted. For estates requiring form IHT400, you need to submit it to HMRC and wait 20 working days before applying for probate. Tax must be paid within 6 months of death to avoid interest charges.

Q: Can I apply for probate online?

A: Yes, you can apply online if you're applying in England or Wales, the deceased died after January 2022, there's a valid will naming you as executor, and the estate is straightforward. Online applications are faster (4-6 weeks) than paper applications (8-10 weeks) and account for 92% of applications in 2025.

Q: What if banks release funds without probate?

A: Many banks and financial institutions will release small amounts (typically under £5,000-£50,000 depending on the institution) without requiring probate, especially for funeral expenses. However, for property sales, large bank accounts, or shareholdings, you'll almost always need the grant of probate.

Conclusion

Applying for probate in the UK is manageable for straightforward estates when you understand the process and avoid common pitfalls.

Key takeaways:

  • 92% of applicants successfully use the online service—DIY probate works well for most estates
  • Start preparation early by gathering documents, valuing assets accurately, and choosing the correct inheritance tax form before submitting
  • Online applications take 4-6 weeks versus 8-10 weeks for paper—apply digitally if you're eligible
  • Avoid the top mistakes: incorrect forms, missing documents, inaccurate valuations, and distributing the estate before advertising for creditors
  • Know when to get help—complex estates, significant tax planning needs, or potential disputes warrant professional advice

Navigating probate after losing someone is never easy, but understanding the process removes uncertainty and prevents costly delays. With proper preparation and attention to detail, most executors successfully obtain probate within six to eight weeks. The key is taking it step by step—and not being afraid to ask for help when you need it.

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Understanding how complex probate applications can be highlights the importance of having a clear, legally valid will. A properly drafted will with clear instructions, correctly named executors, and thorough asset documentation makes the probate process significantly faster and less stressful for your family.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Sources:

Official Government Sources:

  1. GOV.UK - Applying for probate
  2. GOV.UK - Apply for probate online service
  3. GOV.UK - Probate fees
  4. GOV.UK - Family Court Statistics Quarterly: January to March 2025
  5. GOV.UK - Family Court Statistics Quarterly: April to June 2025
  6. GOV.UK - Probate waiting times halved thanks to Government push
  7. GOV.UK - Inheritance Tax forms (IHT400)
  8. GOV.UK - Apply for probate by post (PA1P)
  9. Legislation.gov.uk - The Court and Public Guardian Fees (Miscellaneous Amendments) Order 2025
  10. HMRC - Inheritance Tax Manual: Is an account required?

Consumer Guidance Sources: 11. Which? - What is probate? 12. Which? - DIY probate: how to administer an estate 13. Citizens Advice - Dealing with financial affairs of someone who has died

Professional Sources: 14. Inside HMCTS - Applying for Probate: Top Tips, Tools and What to Expect 15. National Will Register