Probate process in England and Wales: A step-by-step guide

Grief does not arrive with an administrator’s checklist. Yet, within days of a death, somebody may be expected to find the Will, speak to banks, protect an empty home, work out whether tax is due and understand a legal process they may never have encountered before. Probate also has an unfortunate habit of turning an ordinary drawer of paperwork into something resembling an archaeological dig.

When I dealt with estates in practice, I found that the process felt far less intimidating once it was divided into manageable stages. This guide explains the probate process in England and Wales from the first practical steps after a death to the final distribution of the estate. It covers estates with and without a Will, when a grant is needed, Inheritance Tax, probate fees, likely timescales and the risks executors and administrators need to avoid.

Quick answer: The probate process usually involves registering the death, locating the original Will, confirming who is entitled to act, identifying and valuing the estate, dealing with Inheritance Tax, applying for the grant, collecting or transferring assets, paying debts and taxes, distributing the inheritance and preparing estate accounts. The grant itself will usually arrive within 12 weeks of a complete application, but administering the whole estate commonly takes between six and 12 months and can take longer where property, tax, overseas assets or disputes are involved.

Contents

• What is probate?
• Do you always need probate?
• Who can apply for probate?
• The probate process in England and Wales: Step by step
• How long does probate take?
• How much does probate cost?
• Can you deal with probate yourself?
• Common probate mistakes and delays
• Frequently asked questions

What is probate?

Strictly speaking, probate is the court’s formal recognition that a Will is valid and that the executors named in it have authority to administer the estate. In everyday language, however, “probate” is often used to describe the whole process of sorting out somebody’s property, money, possessions, debts and tax after death.

The broader process is called estate administration. It continues after the grant has been issued and may involve selling a home, closing accounts, paying liabilities, dealing with tax returns and transferring the balance to the beneficiaries. Obtaining the grant is therefore an important milestone, but it is rarely the end of the job.

The people responsible for the estate are collectively called personal representatives. An executor is appointed by a valid Will. An administrator is appointed where there is no effective executor, or where the person died without a valid Will.

Grant of probate and letters of administration

Where an executor named in the Will applies, the court usually issues a grant of probate. If there is no valid Will, the appropriate person applies for letters of administration. Where there is a Will but no executor can or will act, the grant is normally called letters of administration with the Will annexed.

Executors obtain their underlying authority from the Will at the moment of death, although banks, investment providers and the Land Registry will commonly require the grant as formal proof. An administrator has no authority to deal with the estate until letters of administration have been issued. That distinction can matter where somebody is tempted to start moving money or disposing of possessions before their legal position is clear.

For related guidance across this subject, see my probate and estate administration guides.

Do you always need probate?

No. There is no single legal rule saying that every estate above a particular value requires probate. Each bank, building society, share registrar and investment provider has its own limit for releasing assets without a grant. One organisation may accept an indemnity for a modest account while another may insist on probate at a lower figure.

A grant is commonly needed where the deceased owned a house or land in their sole name, held a share of property as a tenant in common, or had substantial savings, investments or shares in their sole name. It may also be required where an institution’s own release threshold is exceeded.

Probate may not be needed where the estate consists only of low-value accounts that the institutions agree to release, or where assets pass automatically to a surviving joint owner. A home owned as joint tenants normally passes by survivorship rather than under the Will. Joint bank accounts also commonly pass into the survivor’s control, although the beneficial ownership of the money and its treatment for Inheritance Tax may still need careful consideration.

My practical rule is simple: do not guess. Contact each asset-holder, explain the death and ask exactly what evidence it requires. The Government’s guidance on when probate is needed is a useful starting point, but the individual institution makes its own decision about releasing its asset.

Who can apply for probate?

Where there is a Will

The executors named in the latest valid Will or codicil are usually entitled to apply. Up to four executors can be named on the grant. If several are appointed, they should agree who will make the application and how the administration will be handled.

An executor who does not wish to apply immediately may have power reserved, preserving the possibility of applying later. Another may renounce permanently, usually by signing form PA15. An executor considering renunciation should act before taking substantive steps in the administration.

The original Will is important. Do not remove existing staples, add new staples, write on it or attach notes. Changes to its physical condition can prompt questions about whether another document was once attached or whether the Will has been altered. If you are unsure which document is the final Will, preserve everything and obtain advice.

My guide to who can see a Will after death explains when the document remains private and when it becomes a public record.

Where there is no Will

If there is no valid Will, the right to apply follows a statutory order of priority. It is not always enough to say that the applicant is the “next of kin”. A surviving spouse or civil partner will generally have priority, followed by other relatives in the order laid down by the intestacy rules.

The administrator must distribute the estate according to those rules, not according to what the family believes the deceased would probably have wanted. My separate guide explains who inherits when somebody dies without a Will.

The probate process in England and Wales: Step by step

Step 1: Register the death and deal with urgent practical matters

Where the death is not being investigated by a coroner, the medical examiner’s office will normally confirm when the death can be registered. The death should then usually be registered within five days of that notification. The registrar can provide certified death certificates and explain the Tell Us Once service, which reports the death to many government bodies in one go.

Somebody should also secure the home, tell the insurer, collect post, care for pets, protect valuables and keep essential utilities running. Empty properties often have stricter insurance conditions.

The funeral can usually be arranged before probate. Funeral wishes in a Will are not normally legally binding, but they may provide useful guidance. Banks will often pay a funeral director directly from the deceased’s account on production of the death certificate and invoice. The person who signs the funeral contract may nevertheless be personally liable if the estate or another source does not meet the bill. My separate guide explains who is legally responsible for paying for a funeral.

Step 2: Find the Will and confirm who is going to act

Search for the original Will and every codicil. It may be at home, with a solicitor or Will writer, at a bank, with a storage provider or deposited with HM Courts and Tribunals Service. A photocopy is useful evidence but is not automatically accepted in place of the original.

Read the whole document, checking the executors, substitute appointments, specific gifts, trusts, age conditions and residuary clause. A Will can appear simple until a beneficiary has died, a name is ambiguous or the estate no longer contains the asset described.

If no Will can be found, do not assume immediately that the estate is intestate. Check papers, correspondence and professional contacts carefully. If the family is concerned that a Will may be invalid or that the wrong person is about to apply, a caveat can sometimes prevent a grant being issued while the dispute is investigated. My guide to contentious probate and Will disputes explains the main types of challenge.

Step 3: Identify everything the deceased owned and owed

The personal representatives need a reliable picture of the estate at the date of death. That means contacting banks, building societies, pension providers, insurers, investment managers, share registrars, employers, business partners and anyone who may owe money to the deceased.

Property should be valued at its open-market value at the date of death. Valuable jewellery, art, vehicles, collections, private-company shares and business interests may require specialist valuations. Ordinary household contents should be given a realistic second-hand sale value rather than their replacement cost or sentimental value.

Debts must also be identified, including mortgages, loans, credit cards, utility balances, care fees, tax, overpaid benefits and money owed to family members. Keep evidence of each figure and record whether an asset or liability was held solely or jointly.

Lifetime gifts can affect Inheritance Tax and must not be overlooked. Bank statements, tax returns, property records and conversations with close family may reveal gifts made within the seven years before death, gifts from which the deceased continued to benefit, or money held for somebody else.

Do not overlook digital assets such as cryptocurrency, online businesses, payment accounts, domain names, photographs and intellectual property. See how digital assets are dealt with in a Will and estate.

The Government provides a detailed guide to valuing an estate for Inheritance Tax.

Step 4: Work out whether Inheritance Tax reporting is required

Many estates are “excepted estates”, meaning that no Inheritance Tax is payable and a full IHT400 account is not required. For deaths on or after 1 January 2022, the necessary values for an excepted estate are generally reported as part of the probate application rather than on the old IHT205 form. Outdated online guides still cause confusion on this point.

The £325,000 nil-rate band is only the starting point. Spouse or civil partner and charity exemptions, transferable bands and the residence nil-rate band may change the result. Gifts, trusts, overseas assets and business or agricultural interests can make the calculation much more complicated.

If Inheritance Tax is payable, or the estate does not qualify as excepted, the personal representatives must usually send form IHT400 and the relevant schedules to HM Revenue and Customs before applying for probate.

Inheritance Tax is generally due by the end of the sixth month after the month of death, with interest after the deadline. Some or all must be paid before the grant. The Direct Payment Scheme can sometimes transfer funds from the deceased’s account to HMRC; instalments or a grant on credit may be available in limited cases.

After HMRC has received the IHT400 and sufficient payment, it sends a unique probate code. Current guidance says this will usually arrive within 20 working days of receipt of the IHT400 or payment, whichever is later. Applying before the code arrives is a reliable way to create an avoidable delay.

The current payment rules are set out in the Government’s guide to paying an Inheritance Tax bill.

Step 5: Submit the probate application

A personal application can be made online or by post. Where there is a Will, the paper form is PA1P. Where there is no Will, it is PA1A. Some applications must be made by post, including certain cases involving a foreign-domiciled deceased person or a copy rather than the original Will.

The applicant confirms their entitlement, the estate values and the details of the Will or intestacy. If there is a Will, the original document and codicils must be sent to the Probate Registry. The original is retained and normally becomes a public document once the grant is issued.

The current probate application fee is £526 where the estate is worth more than £5,000. There is no application fee where it is £5,000 or less. Extra copies of the grant cost £2 each if ordered with the application, so it is often sensible to order several where different institutions will need to see one. A copy ordered after the grant has been issued currently costs £16.

Check the latest figures on the official probate fees page, and use the Government’s online and postal application guidance.

HM Courts and Tribunals Service says that applicants will usually receive probate within 12 weeks of submission. Straightforward digital applications can be dealt with sooner, but missing information, a damaged Will, an IHT query, a caveat or a paper application can extend the wait considerably.

Step 6: Collect, sell or transfer the assets

Once the grant arrives, certified copies can be sent to the banks, investment providers, insurers and other organisations holding estate assets. Accounts can be closed, investments sold or transferred and money gathered into a separate executor’s or estate account.

A property in the deceased’s sole name cannot normally be transferred or its sale completed without the grant. Preparatory work may begin earlier, but the conveyancer must know that probate is pending. Meanwhile, the property must remain insured and maintained.

Keep a clear audit trail. Estate money should not be mixed with an executor’s personal funds, and every receipt, payment, sale and transfer should be recorded. I have seen a surprising amount of later friction caused not by dishonesty, but by perfectly innocent payments made from the wrong account with no explanation retained.

Step 7: Pay debts, expenses and tax

Before distributing the estate, the personal representatives must identify and pay the deceased’s debts, funeral expenses, administration costs and tax liabilities. They must also deal with liabilities arising during the administration, such as insurance, maintenance costs, professional fees and tax on estate income or capital gains.

If there is any possibility that the estate is insolvent, stop before paying beneficiaries or choosing which unsecured creditor to pay. Insolvent estates are subject to a strict statutory order. An executor who pays the wrong person may become personally liable.

Personal representatives can consider an optional notice under section 27 of the Trustee Act 1925, usually published in The Gazette and, where the estate contains land, in a local newspaper. It gives unknown creditors and claimants at least two months to come forward. A compliant notice can protect the personal representatives from personal liability to somebody of whose claim they had no notice, but it does not extinguish the claim, cover known liabilities or replace proper enquiries. See The Gazette’s deceased-estates notice guidance.

Step 8: Check for disputes and claims before final distribution

A personal representative should not distribute in the face of a known dispute, threatened claim or unresolved question about the Will. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must normally be issued within six months of the first grant, although the court can allow a late claim.

Where the problem concerns the conduct, inactivity or suitability of the personal representative, my guide to removing an executor explains the options before and after probate.

Some executors wait about ten months after the grant before making a final distribution because a claim issued near the six-month deadline may ordinarily be served during the following four months. That is a practical risk-management period, not a universal legal rule requiring every estate to remain untouched for ten months.

Where a dispute is genuinely likely, early specialist advice is usually cheaper than distributing first and trying to recover the assets later. The potential costs are considered in my guide to costs in contentious probate claims.

Step 9: Pay gifts and distribute the estate

Once sufficient assets have been collected and the liabilities are known, specific items and cash legacies can be transferred or paid. The remaining estate—the residue—is then distributed in accordance with the Will or intestacy rules.

It is not always necessary to wait until every last detail is resolved. An interim distribution may be sensible where a substantial amount is unquestionably available, provided a realistic reserve is kept for tax, expenses, creditors and claims. An indemnity from a beneficiary can be useful, but it is not a substitute for retaining enough money: a promise to repay is of limited value if the recipient later cannot do so.

The “executor’s year” does not mean that an estate must be held for 12 months. It means that personal representatives are not normally bound to distribute during the first year after death. They may distribute sooner where it is safe, and a complicated estate may properly take longer. My detailed guide explains how long an executor can take to distribute an estate.

The Government warns that personal representatives may have to meet unpaid debts or tax personally if they distribute without keeping enough assets back. See the official guidance on distributing an estate safely.

Step 10: Prepare estate accounts and complete the administration

Estate accounts should show the starting assets and liabilities, receipts, sale proceeds, income, expenses, debts, tax, gifts, interim payments and final balance. Residuary beneficiaries will normally receive them, and receipts should be obtained for distributions.

The administration period can create Income Tax and Capital Gains Tax obligations even where no tax was payable at the date of death. There is no Capital Gains Tax merely because somebody has died, but a later sale by the personal representatives at a gain can create a liability. Final tax should be dealt with before the estate is closed.

Only when assets have been dealt with, liabilities and tax have been paid or adequately provided for, the accounts are complete and the remaining entitlement has been transferred is the administration truly finished.

How long does probate take?

There are two different timescales. The first is the time taken to obtain the grant. The second is the time needed to administer the whole estate.

The official guidance says that probate will usually be issued within 12 weeks of a complete application. That period begins when the application is submitted, not on the date of death. Work carried out before the application—finding the Will, valuing assets and dealing with Inheritance Tax—may itself take several weeks or months.

A straightforward estate may be fully administered within six to 12 months. An estate involving a property sale, an IHT400, overseas assets, a business, trusts, missing beneficiaries or a dispute may take 12 to 24 months or longer.

There is no universal legal deadline requiring every estate to finish within a year. What matters is whether the personal representatives are making reasonable progress. Beneficiaries usually cope much better with delay when they receive a brief, honest explanation of what has been completed, what remains outstanding and what is expected to happen next.

How much does probate cost?

The court application fee is only one part of the cost. As explained above, the current fee is £526 for an estate over £5,000, with no fee for an estate of £5,000 or less. Help with fees may be available to an eligible applicant on a low income or certain benefits.

Other expenses can include valuations, Gazette notices, conveyancing, tracing beneficiaries, accountancy, tax advice and professional probate fees. Properly incurred administration costs are normally paid from the estate. Help can cover the whole administration or only a defined task such as the IHT400, a property transfer or the final accounts.

Can you deal with probate yourself?

Yes. There is no requirement to instruct a solicitor merely because probate is needed. A careful and organised executor may be able to handle an estate with a clear Will, readily identifiable beneficiaries, ordinary UK assets, no tax problem and no dispute.

I would be cautious about a do-it-yourself administration where Inheritance Tax is payable; the deceased made substantial gifts; the estate contains a business, farm, trust or overseas property; a beneficiary is missing, bankrupt, under 18 or lacks capacity; the Will is damaged or unclear; the estate may be insolvent; family members disagree; or somebody is threatening a claim.

Professional help does not have to be all or nothing. You can remain the personal representative while paying for advice on the difficult part. MoneyHelper offers independent guidance on when to use a probate specialist.

Executors who are struggling should not simply stop communicating. My guide to executor duties and removing an executor explains the standards expected and what beneficiaries can do where administration has stalled.

Common probate mistakes and delays

The most damaging mistakes are often ordinary rather than dramatic. Applying before the IHT position is ready, using an out-of-date form, overlooking a codicil, submitting inconsistent names or values, disturbing the original Will, failing to insure an empty property and mixing estate money with personal money can all create problems.

Premature distribution is another recurring risk. A beneficiary may press for payment because the bank accounts have been closed or the house has sold. That does not mean the estate is ready. Tax, creditors, administration expenses and legal claims may still be unresolved.

Silence also causes avoidable disputes. An executor does not have to provide a running commentary on every email and bank statement, but periodic factual updates can prevent suspicion taking hold. In my experience, “HMRC has asked one further question and we expect to respond next week” is far more reassuring than “probate takes a long time”.

Finally, do not rely on a generic “UK probate” guide without checking the jurisdiction. Scotland and Northern Ireland have different procedures and terminology. This article concerns England and Wales only.

Frequently asked questions about the probate process

Careful administration protects everyone

Probate is a sequence of decisions, not one form. The quickest-looking shortcut—guessing a value, paying a beneficiary early or ignoring an awkward tax question—can easily become the longest route.

A good personal representative is methodical rather than hurried: protecting the assets, keeping records, asking for help when the risk exceeds their experience and communicating enough to prevent uncertainty becoming mistrust. At a difficult time, that steady approach is often the kindest as well as the safest.

Last legally reviewed: 5 August 2026

This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.

About the author, Clare Lowes