UK Probate Explained: Process, Timeline and Costs in 2026

What is Probate?

“Probate” comes from the Latin probare— to prove. In English law, probate is the process by which a court (specifically, the Probate Registry, part of HMCTS) officially recognises the authority of the person named in a will to administer the deceased's estate. The result is a legal document called a Grant of Probate, which banks, land registries, investment platforms and other institutions accept as proof of the executor's authority.

Where there is no will — known as dying “intestate” — the court issues a similar document called Letters of Administration to the person entitled to administer the estate under the intestacy rules.

Colloquially, “probate” is often used to refer to the entire estate administration process including collecting assets, paying debts, and distributing to beneficiaries. Technically, this broader process is “estate administration”; the Grant is just the key that unlocks the assets.

When You Need Probate

Probate is required whenever assets are held in the deceased's sole name and institutions will not release those assets without it. Key triggers:

• Bank or building society accounts: most banks require probate for balances above £5,000–£50,000 (thresholds vary by institution).
• Solely owned property: land and buildings held in the deceased's sole name cannot be transferred or sold without a Grant.
• Stocks, shares and investment accounts: held in the deceased's sole name.
• Bonds, ISAs and premium bonds: held solely.
• Business interests and partnership assets.

Always contact each institution directly to confirm their threshold. Some premium bond providers and NS&I accounts have slightly different rules to high street banks.

When You Don't Need Probate

Several types of asset pass outside of probate entirely:

• Joint assets with survivorship: A jointly owned property (held as beneficial joint tenants, not tenants in common) passes automatically to the surviving owner by survivorship. The surviving owner notifies the Land Registry with a death certificate — no Grant required.
• Nominated pension beneficiaries: Pension death benefits (typically a lump sum from a defined contribution scheme) are paid at the discretion of trustees to nominated beneficiaries. They do not form part of the estate and do not require probate.
• Named beneficiaries on life insurance: A policy written in trust or with a named beneficiary is paid directly to that person outside the estate.
• Assets held in trust: Trusts are separate legal entities and assets held in trust do not form part of the deceased's estate.
• Small estates: Many institutions release small sums (£5,000–£10,000 depending on the provider) on production of the death certificate and an indemnity form, without requiring a Grant.

Grant of Probate vs Letters of Administration

Both documents carry the same legal authority once issued. The holder is referred to as “personal representative” — “executor” under a will, “administrator” without one.

The 12-Step Probate Process

1. Locate the will. Search the deceased's home, bank safe deposit box, and check the Certainty National Will Register. The original will (not a copy) is needed for probate.
2. Apply as executor (or administrator). If there is a will, the named executor applies. If there is no will, the closest relative applies as administrator. You will need Form PA1P (with will) or PA1A (without will) from GOV.UK.
3. Value the estate. Obtain written valuations for all assets: property (RICS valuation), investments, bank accounts, personal possessions, vehicles and business interests. Also identify all debts and liabilities.
4. Determine which IHT form to use. For smaller or simpler estates below the IHT threshold, submit IHT205 (or IHT400 for complex estates). IHT400 is required if the estate exceeds the nil rate band, if gifts were made within 7 years, or if there are trusts, foreign assets or business interests.
5. Pay Inheritance Tax before the Grant. IHT must be paid (or at least 10% of IHT on non-land assets) before HMRC will issue a clearance reference allowing the Probate Registry to issue the Grant. Use the IHT Direct Payment Scheme (DPS) — banks release funds to HMRC directly before probate. Alternatively, raise a short-term estate loan.
6. Apply to the Probate Registry. Submit the PA1P/PA1A application form, the original will (if any), death certificate (certified copies), IHT421 clearance reference, and the probate fee (£273 for estates above £5,000, nil for smaller estates). Applications go to any local Probate Registry or by post to HMCTS Probate.
7. Wait for the Grant. HMCTS is currently processing applications in 6–8 weeks for straightforward cases, but backlogs can push this to 12 weeks or longer. Complex or queried applications take longer.
8. Collect and protect assets. Use the sealed Grant of Probate (or Letters of Administration) to access bank accounts, transfer investment accounts, redeem bonds and collect any other assets in the estate.
9. Pay debts and expenses. Clear all debts: mortgage, credit cards, utility bills, final income tax and HMRC liabilities, funeral costs, and executor expenses. Executors are personally liable if they distribute before all debts are paid.
10. Advertise for creditors (Section 27 notice). Place a statutory S.27 Trustee Act 1925 notice in The Gazette and a local newspaper. This protects the executor from personal liability for unknown creditors who come forward after the estate is distributed. The notice period is 2 months.
11. Prepare estate accounts. Draw up formal estate accounts showing all assets collected, debts paid, expenses, and the residue to be distributed. Beneficiaries are entitled to see these accounts and can query them.
12. Distribute the estate. Pay specific legacies first, then residuary beneficiaries according to the will (or intestacy rules if no will). Obtain receipts from all beneficiaries. Transfer property (land) by completing an AP1 form with HM Land Registry.

Inheritance Tax and Probate

IHT at 40% applies to the taxable estate above the available allowances. For 2026:

• Nil Rate Band (NRB): £325,000 — frozen to April 2030.
• Residence Nil Rate Band (RNRB): £175,000 — for a main residence passing to direct descendants, with tapering for estates above £2 million.
• Transferable NRB: A surviving spouse inherits any unused NRB from the first to die, so the combined allowance for a married couple can be up to £1 million.
• 7-year rule: Gifts made more than 7 years before death are fully exempt. Gifts in the 7 years before death may be subject to IHT, with taper relief for gifts made 3–7 years before death.

The IHT400 return must be submitted within 12 months of the end of the month of death. IHT payment is due within 6 months. Interest accrues on overdue IHT at the HMRC late payment rate from the due date.

The “chicken and egg” problem: the Probate Registry requires evidence that IHT has been paid (or that no IHT is due) before issuing the Grant. But the executor cannot access the estate's bank accounts to pay IHT without the Grant. Solutions: the HMRC Direct Payment Scheme allows certain banks to pay IHT directly from the estate before probate; alternatively, the executor can pay from personal funds and recover after the Grant is issued, or take out a short-term probate loan.

Probate Registry Fees and Solicitor Costs

Executor Duties and Personal Liability

An executor is a fiduciary — someone who acts in the interests of the beneficiaries, not themselves. Key duties include:

• Locating and securing all estate assets promptly after death.
• Notifying all relevant organisations: HMRC (for a final income tax return), DWP, pension providers, banks, insurers.
• Obtaining professional valuations for property and unusual assets.
• Filing IHT returns on time and paying IHT by the deadline.
• Applying for the Grant of Probate promptly.
• Advertising for creditors (S.27 Trustee Act notice) to protect against unknown liabilities.
• Keeping proper accounts of all income, expenditure and distributions.
• Distributing to beneficiaries only after all debts and liabilities are cleared.

Executors are personally liable for mistakes. If you distribute assets before paying all debts and a creditor later comes forward, you must pay the creditor from your own pocket. If you miss the IHT deadline, interest and potentially penalties apply — and as executor you are responsible.

You may renounce the executorship before starting to act — but once you have taken any “intermeddling” actions (such as opening letters or dealing with the bank), you cannot renounce and must see the administration through.

Solicitor vs DIY Probate

Consider DIY probate when: the estate is simple (one or two bank accounts, a property, clear will, no disputes, no foreign assets, below the IHT nil rate band). The HMCTS online Probate Service is well-designed and guides you through the application step by step. DIY can save £3,000–£15,000 in professional fees.

Consider a solicitor when:the estate has complex IHT (lifetime gifts, business property relief, agricultural relief, trusts); there are disputes between beneficiaries or potential claims under the Inheritance (Provision for Family and Dependants) Act 1975; there are foreign assets (requiring ancillary probate in another country); business interests are involved; or the executor simply lacks the time or confidence to handle the administration. Many solicitors offer a “grant only” service at a fixed fee, leaving you to handle the distribution.

Note: executor's expenses (including reasonable professional fees) are payable from the estate before distribution to beneficiaries — so solicitor costs do not come out of your pocket if you are also an executor-beneficiary.

Typical Timelines

Current Probate Registry processing time (May 2026): approximately 6–8 weeks for straightforward paper applications; 4–6 weeks for fully online applications via the HMCTS Probate Service. Backlogs can extend this to 12+ weeks at peak periods.