How do I apply for a grant of probate in England and Wales?

Full answer

A grant of probate is the court document that confirms a will is valid and authorises the named executors to deal with the deceased's estate in England and Wales (the equivalent without a will is 'letters of administration'). It is usually needed when the estate includes property, or bank and investment balances above a threshold set by each institution. The process runs in stages. First, value the estate - all assets and liabilities at the date of death - because this drives both the Inheritance Tax position and the application. Second, report to HMRC: most estates are now 'excepted' and need only an estimate, but larger or taxable estates require a full IHT account and any tax due must usually be paid (or at least the first instalment arranged) before the grant is issued. The standard nil-rate band is GBP 325,000 plus up to GBP 175,000 residence nil-rate band, with 40% charged above (36% if 10% or more of the estate goes to charity). Third, apply to HM Courts and Tribunals Service, online via GOV.UK or by post using form PA1P (with a will) or PA1A (without). You pay a court fee and provide the original will and death certificate; smaller estates below the published fee threshold pay nothing. You then confirm a legal statement (this replaced swearing an oath in person). Processing typically takes several weeks once HMRC has cleared the IHT side, though timescales vary. With the grant, executors can sell property, close accounts, settle debts and distribute to beneficiaries. Scotland (confirmation) and Northern Ireland have separate systems. Because exact fees and IHT forms change, check current figures on GOV.UK before applying, and use the inheritance tax calculator below to estimate any liability that must be settled first.

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