UK Probate 2026: How Long It Takes, What It Costs, and How to Do It Yourself

When someone dies, the task of dealing with their estate falls to the executor (if there is a will) or an administrator (if there is not). For most people who have never done it before, the probate process is simultaneously one of the most important administrative tasks they will ever complete and one of the least well-explained.

This guide answers the questions executors actually ask: do I need probate at all? Which HMRC form do I use? How long will the Grant take? What do solicitors charge, and is it worth doing it yourself? And what do you do about the chicken-and-egg problem of needing to pay inheritance tax before you can get the money to pay inheritance tax?

What Probate Actually Is

Probate (formally a Grant of Probate if there is a will, or Letters of Administration if there is not) is a legal document issued by the Probate Registry that confirms an executor's authority to deal with a deceased person's estate. Banks, building societies, HMRC, and other institutions will not release assets or information to anyone without this document in most cases.

There are technically two terms:

• Grant of Probate — issued when there is a valid will and the person named as executor is applying
• Letters of Administration — issued when there is no will (intestacy) or when the executor named in the will is unable or unwilling to act

In everyday usage, "probate" covers both.

When You Do Not Need Probate

Not every estate requires probate. You may be able to deal with the estate without a Grant when:

• The estate is small. Many banks and financial institutions will release funds without probate for accounts holding below a threshold — commonly £5,000 to £50,000 depending on the institution. The threshold varies; some banks require probate from £5,000, others from £50,000. Contact each institution individually.
• Assets are jointly held. Property or bank accounts held in joint names with a right of survivorship pass automatically to the surviving joint owner without probate. The surviving owner provides the death certificate; no Grant is needed.
• Nominated beneficiaries exist. Pension death benefits and some life insurance policies paid to a named beneficiary pass outside the estate entirely and do not require probate.
• The estate consists only of cash and personal possessions under £10,000.

Even where probate is not legally required, some financial institutions or property buyers may request it. If a deceased person owned freehold or leasehold property in their sole name, you will almost certainly need a Grant to transfer or sell it.

IHT400 vs IHT205: Which Form Do You Need?

Before applying for a Grant, the executor must submit the appropriate inheritance tax return to HMRC.

IHT205 — Simple Estates (Now IHT205 / Online Return)

Note: HMRC replaced the IHT205 paper form with an online process in 2022 for most straightforward estates. Estates that do not require a full IHT400 can use the online HMRC inheritance tax service. You use this route when:

• The estate is an excepted estate — that is, the total value of the estate is below the IHT threshold and the estate meets other conditions
• No inheritance tax is due
• The gross estate is below £3 million (different limits apply to different excepted estate categories; check the current HMRC guidance)

For most ordinary estates where the deceased owned a modest home and savings, the excepted estate route is appropriate.

IHT400 — Full Return

IHT400 is required when:

• Inheritance tax is due (gross estate above available nil-rate band)
• The estate does not qualify as an excepted estate
• The gross estate exceeds £3 million
• The deceased made gifts in the 7 years before death that need to be reported
• The estate includes foreign assets, certain trusts, or other complexities

IHT400 is a substantial document — the main form plus potentially 20+ supplementary schedules. Most executors dealing with taxable estates hire a solicitor or accountant for this part, even if they handle the rest of the administration themselves.

The current nil-rate band is £325,000. The residence nil-rate band (RNRB) adds up to £175,000 if the deceased was leaving a main residence to direct descendants. A surviving spouse or civil partner can inherit both nil-rate bands from their deceased partner, potentially allowing an estate of up to £1 million to pass free of IHT.

Use our inheritance tax calculator to estimate whether your estate will trigger IHT before completing forms.

The Chicken-and-Egg Problem: IHT Before the Grant

Here is the practical problem that catches many executors off guard: HMRC requires inheritance tax to be paid before the Probate Registry will issue the Grant of Probate. But the executor typically cannot access the estate's assets to pay the tax without the Grant of Probate.

This circular problem has several solutions:

1. Direct Payment from the Deceased's Bank Accounts

Most UK high-street banks participate in a scheme that allows executors to pay HMRC inheritance tax directly from the deceased's accounts before probate is granted. The executor contacts the bank with the IHT400 reference number and requests a direct payment to HMRC. The bank confirms the balance available and transfers the funds.

Not all banks participate in this scheme automatically — contact the deceased's bank early to confirm whether they will facilitate a direct payment and what documentation they require.

2. Inheritance Tax Loan / Bridging Finance

Specialist lenders offer short-term bridging loans specifically for IHT liability. These are secured against the estate assets (often the property) and repaid when the Grant is obtained and assets are liquidated. Interest rates are typically 0.5–1% per month. Not ideal, but sometimes necessary.

3. Paying in Instalments — Instalment Option

IHT on certain qualifying assets — particularly land, property, and unquoted shares — can be paid in annual instalments over 10 years. The executor obtains the Grant after paying the first instalment plus any IHT on liquid assets. Interest applies to deferred instalments.

This is useful when the main estate asset is property that cannot quickly be sold. Consult the IHT400 notes for qualifying conditions.

4. Quick Succession Relief

If the deceased person's estate itself recently inherited assets from someone else who died within the last five years, Quick Succession Relief (QSR) reduces the IHT on those inherited assets. This can materially reduce the upfront tax burden. Available percentages: 100% if first death within 1 year, 80% within 2 years, 60% within 3 years, 40% within 4 years, 20% within 5 years.

Typical Timeline: What to Expect

Understanding the timeline helps executors manage expectations — and the expectations of beneficiaries.

Death to Application for the Grant

Before applying for a Grant, the executor must:

• Register the death (within 5 days in England and Wales)
• Obtain the original will and confirm its validity
• Identify and value all estate assets and liabilities
• Prepare the IHT return (IHT400 or excepted estate online form)
• Pay IHT (using one of the methods above)

This phase typically takes 8–16 weeks for a straightforward estate, longer if the estate is complex or assets are difficult to value.

Grant Processing Time at HMCTS

Once the application is submitted to the Probate Registry, processing times have fluctuated significantly:

• HMCTS target: 6–8 weeks
• Current reality (2026): Backlogs vary by period and application type. Complex applications or those requiring examination can take 10–14 weeks or more. Simple online applications for straightforward estates have been processed in 4–6 weeks.

The total time from submission to receiving the Grant is typically 6–12 weeks, though this cannot be guaranteed.

Post-Grant Administration

After the Grant is received, the executor must:

• Register the Grant with all asset-holding institutions
• Sell or transfer property (property transactions add 2–4 months)
• Collect all assets (this can take weeks per institution)
• Pay debts, outstanding bills, and administration costs
• File the deceased's final income tax return with HMRC
• Prepare estate accounts for beneficiaries
• Distribute the estate

A realistic total timeline from death to final distribution:

• Simple estate (no property, no IHT): 4–6 months
• Estate with property, no IHT: 6–12 months
• Estate with IHT, property, and beneficiary disputes: 12–24 months or more

Total administration time of 9–12 months is a reasonable central expectation for a typical estate with residential property.

Costs: Solicitor vs DIY

Probate Registry Fees

The Probate Registry fee for an estate valued above £5,000 is £273. This fee is the same regardless of estate size. Additional office copies of the Grant cost £1.50 each — order 10–15 copies, as every institution you deal with will want to see an original or certified copy.

Solicitor Costs

Solicitors typically charge probate fees on one of two bases:

• Hourly rate: £200–£400/hour for an experienced probate solicitor. Complex estates can run to 40–80+ hours of solicitor time.
• Percentage of estate: 1–4% of the gross estate value. On a £500,000 estate, this is £5,000–£20,000.

Some solicitors combine these approaches. Always get a written estimate upfront, and clarify whether VAT and disbursements (third-party costs) are included.

Solicitor costs are a legitimate estate expense — they reduce the taxable estate for IHT purposes if IHT is due.

DIY Probate

For a straightforward estate — a deceased person who owned one property, had bank accounts, no taxable IHT liability, and a clear valid will — many executors successfully handle probate themselves. The process is form-filling, letter-writing, and record-keeping rather than legal expertise.

DIY probate costs are limited to the £273 Grant fee, postage, and time. The government's probate service at gov.uk provides the forms and guidance.

Where DIY is more risky:

• Taxable estates requiring IHT400 (errors can trigger HMRC investigation)
• Estates with foreign property
• Disputes between beneficiaries
• Missing beneficiaries
• Estates with ongoing business interests
• Cases where the will is questioned

If any of these apply, professional advice is strongly recommended.

Executor Duties Checklist (15 Points)

Working through this list in order will help ensure nothing critical is missed:

1. Obtain multiple certified copies of the death certificate from the registrar — you will need them for every institution.
2. Secure the deceased's home and contents, and notify the buildings insurer immediately (most policies have a short vacancy clause).
3. Locate the original will and confirm you are named as executor; if there is no will, identify who will apply for Letters of Administration.
4. Notify banks, building societies, pension providers, HMRC, DWP, and any other institutions of the death.
5. Stop any direct debits or standing orders from the deceased's accounts (but do not close accounts yet).
6. Open an estate executor account to receive and distribute estate funds.
7. Obtain valuations of all assets as at the date of death — property (RICS Red Book valuation), investments (probate value from fund manager), vehicles, personal property.
8. Identify all liabilities — mortgage balance, credit cards, loans, outstanding bills, legal claims.
9. Place a statutory advertisement in The Gazette and a local newspaper (protects executors from unknown creditor claims if done correctly).
10. Complete the HMRC IHT return (excepted estate online or IHT400) and pay any IHT due.
11. Apply for the Grant of Probate / Letters of Administration online at gov.uk.
12. On receipt of the Grant, register it with all asset-holding institutions and collect assets.
13. Pay all debts and legitimate claims before distributing to beneficiaries.
14. File the deceased's final self-assessment tax return for the tax year of death, and the estate's own income tax return if the administration period extends beyond the date of death.
15. Prepare final estate accounts and distribute the residuary estate to beneficiaries in accordance with the will (or intestacy rules if no will), obtaining signed receipts from each.

Key Takeaways

• Probate is not always required — small estates, jointly held assets, and nominated-beneficiary policies may pass without a Grant, but check each institution's individual threshold.
• The HMCTS Grant of Probate fee is £273 for estates over £5,000; total costs for DIY probate are minimal, while solicitors typically charge 1–4% of estate value.
• IHT must be paid before the Grant can be issued — use the direct bank payment scheme, an IHT loan, or the instalment option for property-heavy estates.
• A realistic total timeline from death to distribution for a typical estate with property is 9–12 months; complex or disputed estates take longer.
• Executors have personal liability for distributing an estate correctly — if in doubt about IHT, disputes, or foreign assets, instruct a probate solicitor before acting.