Probate UK: The Process in England and Wales

Probate is the legal process for dealing with a deceased person's estate in England and Wales: valuing what they owned, paying any tax and debts, then distributing what remains. Most estates need a formal grant from HM Courts & Tribunals Service before assets can be released.

What Counts as Probate in England and Wales

"Probate" is often used loosely to mean the whole job of dealing with someone's estate after death: identifying what they owned and owed, paying any tax and debts, then passing on what is left to the people entitled to it. Technically, probate refers to one part of that job: getting the court's formal confirmation that a will is valid and that named executors have authority to act. In practice, almost any estate holding more than a small amount, or including property in the deceased's sole name, needs the executor or administrator to obtain a grant from HM Courts & Tribunals Service (HMCTS) before banks, insurers, pension providers, or the Land Registry will act on their instructions. This guide covers the England and Wales process; Scotland and Northern Ireland use different systems, covered further down.

Grant of Probate or Letters of Administration?

Which grant is needed depends on whether there is a valid will. If the person left a will naming one or more executors who are willing and able to act, those executors apply for a grant of probate, which confirms the will is valid and confirms their authority to administer the estate under its terms. If there is no will, the estate passes under the intestacy rules, and the person with the closest entitlement, usually a spouse, civil partner, or child, applies instead for letters of administration, which gives broadly equivalent authority but with no will to follow. Where there is a will but no executor able or willing to act, a variant called letters of administration with the will annexed may be needed. Both are issued by the Probate Registry, part of HMCTS, and are together known as a grant of representation.

Do You Always Need Probate?

Not every estate needs a grant. Assets held jointly that pass automatically to a surviving joint owner by survivorship, such as a joint bank account or a house owned as joint tenants, usually do not need probate to transfer. Many banks and building societies will also release small balances, each sets its own limit, without seeing a grant, particularly where the whole estate is modest. Whether a grant is actually required is decided by whoever holds the asset, a bank, a pension provider, or the Land Registry, rather than by one fixed legal threshold, so it is worth asking each institution directly what it needs before assuming probate is necessary. Larger estates, and any estate that includes property held in the deceased's sole name, will almost always need a grant.

The Probate Process: Step by Step

The process is broadly the same whether a grant of probate or letters of administration is needed:

1. Register the death and obtain the official death certificate, needed for most of the following steps.
2. Value the estate: identify all assets and debts, and get a realistic value for property and other significant items.
3. Report the estate's value to HMRC, and pay any Inheritance Tax due; this usually has to happen before the grant is issued.
4. Apply for the grant of representation, online or by post using form PA1P (if there is a will) or PA1A (if there is not), and pay the application fee.
5. Once the grant arrives, use it to collect in the estate: closing accounts, cashing in investments, and arranging any property sale or transfer.
6. Pay off remaining debts, funeral costs, and any administration expenses.
7. Distribute what is left to the beneficiaries named in the will, or under the intestacy rules if there is no will, keeping clear estate accounts throughout.

How Much Does Probate Cost?

The court fee for applying for a grant of representation in England and Wales is currently £526 where the estate is worth more than £5,000; there is no fee at all if the estate is £5,000 or less. This fee rose sharply from £300 on 13 July 2026, so figures in older guides may be out of date; always check the current fee on gov.uk before applying. Extra official copies of the grant cost £2 each if ordered with the application, and more if requested later, which is worth arranging since organisations often want to see an original. This is only the HMCTS court fee: it does not include any solicitor's or probate practitioner's fees for help with the application, which are charged separately and vary by firm.

Inheritance Tax and the Grant

Before HMCTS will normally issue a grant, the estate's value has to be reported to HMRC, and any Inheritance Tax due is normally expected to start being paid; most estates cannot get a grant until this has happened. Inheritance Tax, where it is due, must be paid by the end of the sixth month after death to avoid interest starting to accrue, which can be well before probate itself is finished. Many estates owe no Inheritance Tax at all, because of the available nil-rate bands and exemptions, but the estate's value still has to be reported. See our full guide to Inheritance Tax for the rates, thresholds, and exemptions that apply.

Our Inheritance Tax calculator estimates what might be due using the nil-rate band and residence nil-rate band.

How Long Does Probate Take?

Timelines vary considerably depending on how complicated the estate is and whether Inheritance Tax is due. As a rough guide, gov.uk says you will usually get probate within 12 weeks of submitting your application. Ministry of Justice figures for April to June 2026 show that grants of probate took an average of 5.0 weeks, while letters of administration took 10.2 weeks where there was no will and 22.0 weeks where there was a will but no executor applying (letters of administration with the will annexed). That is on top of however long it took to value the estate and deal with Inheritance Tax first. A "stop" for missing or queried information, a paper application, complex estates, or a contested will can add weeks or months. See our full guide to how long probate takes for a realistic timeline and the most common causes of delay.

Scotland and Northern Ireland: Different Systems

England and Wales' probate system does not apply anywhere else in the UK. Scotland does not use probate at all: instead, an executor applies to the Sheriff Court for Confirmation, a broadly equivalent document giving authority to deal with the estate, with a simplified procedure for small estates. See our guide to Confirmation in Scotland for how that system works. Northern Ireland uses the same grant of probate and letters of administration terminology as England and Wales, but the application goes through the Probate Office of the High Court, part of the Northern Ireland Courts and Tribunals Service, rather than HMCTS, and its own fees and forms apply.

Whoever takes on this role, as executor or administrator, takes on personal responsibility for getting it right; see our guide to executor duties for what that involves and where the personal liability sits. For the wider picture, see our UK wills and probate hub, part of our broader guide to United Kingdom law.

This article is general information about the probate process in England and Wales, not legal, tax, or financial advice. Preparing the papers on which a grant of probate or letters of administration is founded is a reserved legal activity under the Legal Services Act 2007; while anyone can apply for probate themselves as an executor or administrator, only solicitors and other authorised, regulated individuals or firms may prepare those papers for reward on someone else's behalf. RecordingLaw.com does not prepare probate applications or conduct probate; for a specific estate, use the official gov.uk probate service or consult a qualified solicitor or licensed probate practitioner.

Frequently Asked Questions

What is probate?

Probate is the process of dealing with a deceased person's estate in England and Wales, including valuing it, paying any tax and debts, and distributing what remains. It usually requires a grant of representation from HM Courts & Tribunals Service before assets can be released.

What is the difference between a grant of probate and letters of administration?

A grant of probate is issued where there is a valid will and a named executor willing to act. Letters of administration are issued where there is no will, or no executor able to act, and the closest eligible relative applies instead under the intestacy rules.

How much does probate cost in England and Wales?

The court fee is currently £526 for estates over £5,000, having risen from £300 on 13 July 2026. Estates of £5,000 or less pay no fee. This is the HMCTS court fee only and does not include any solicitor's fees.

Do I always need probate?

No. Assets that pass automatically by survivorship, such as a joint bank account or a jointly owned house, often do not need a grant, and some banks release small balances without one. Each institution sets its own rules, so it is worth checking directly.

How long does probate take?

gov.uk says you will usually get probate within 12 weeks of submitting your application. Ministry of Justice figures for April to June 2026 show grants of probate took an average of 5.0 weeks, letters of administration 10.2 weeks without a will and 22.0 weeks with one. That is on top of the time needed to value the estate and deal with any Inheritance Tax first. Queried or paper applications, complex estates, and contested wills can take considerably longer.

Do I have to pay Inheritance Tax before I get probate?

Usually, yes. The estate's value normally has to be reported to HMRC, and any Inheritance Tax due normally has to start being paid, before the grant is issued. Inheritance Tax is generally due by the end of the sixth month after death.

Is probate the same in Scotland?

No. Scotland does not use probate at all. Instead, an executor applies to the Sheriff Court for Confirmation, a different but broadly equivalent process, with a simplified route for small estates.

Is probate the same in Northern Ireland?

Broadly similar terminology applies, a grant of probate or letters of administration, but the application is made to the Probate Office of the High Court, part of the Northern Ireland Courts and Tribunals Service, rather than HMCTS, with its own fees and forms.