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Probate · 15 min read · Published · Updated

A step-by-step guide to the probate process in England and Wales

A plain guide to probate in England and Wales, from registering the death to paying out the estate. Fees, timescales and the steps that protect executors.

By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.

This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.

Guides · Probate · No. 19 of 21Reviewed · 15 minutes

The probate process in England and Wales

What is probate?

Probate is the legal process of dealing with the estate of someone who has died. It means finding and valuing everything they owned, paying their debts and any tax, and passing what is left to the people entitled to it. That is the people named in the will or, if there is no valid will, the people the intestacy rules choose.

People use the word "probate" for the whole job of administering an estate. Strictly, it is the court document, the grant of probate, that confirms the executor's authority to act. If there is no will, the equivalent document is a grant of letters of administration, and the person dealing with the estate is the administrator rather than the executor. Both documents are types of "grant of representation".

Step 1: register the death

In England and Wales a death must be registered within five days of the medical examiner's office confirming the cause of death. Different timing applies if the coroner investigates. It is usually easiest to register in the district where the person died. Order four or five copies of the death certificate. Banks, insurers and other organisations each want their own copy.

Step 2: locate the will

If the person made a will, find the original. Look at home, ask their solicitor, and check whether it was stored with the Probate Service. If the solicitor's firm has closed, check its status on the Solicitors Regulation Authority register. If the SRA closed the firm down, the SRA holds its files and wills. Otherwise they should have passed to another firm or an archive.

If you cannot find a will, the National Will Register may be able to help. If only a copy of the will can be found, the probate registry may still accept it. That needs a registrar's order and good evidence. If there is no valid will, the estate is dealt with under the intestacy rules.

Step 3: establish whether probate is needed

Probate is not always needed. It may not be needed if everything was owned jointly and passes automatically to the surviving owner, or if the estate is small and made up of cash that the banks agree to release without a grant.

Probate will be needed if the estate includes a property that has to be sold or transferred, or if any bank or other organisation insists on seeing a grant.

A bunch of house keys on a dark wooden table

Step 4: value the estate

Before you apply, work out what the estate is worth: everything owned, less everything owed, including mortgages, loans and funeral costs. For inheritance tax, also count the deceased's share of anything owned jointly. Include gifts made in the seven years before death too, unless they were exempt. A property may need a professional valuation, especially if inheritance tax could be due.

Step 5: HMRC and inheritance tax

Even if no inheritance tax is due, you may still have to report the estate to HMRC. You must complete form IHT400 if tax is due, or if the estate is not an "excepted estate". For example, an IHT400 is needed to claim the residence nil-rate band. Inheritance tax must normally be paid within six months of the end of the month in which the person died. You usually have to pay it, apart from any tax payable by instalments, before you can apply for the grant. Under the Direct Payment Scheme, some banks will pay the tax straight to HMRC from the deceased's account. Once HMRC has received the IHT400 and any tax due, it sends a code that the probate application needs. The code usually arrives within 20 working days.

Red wax seal on a white envelope on a wooden table

Step 6: apply for the grant

The application fee is £526 for estates over £5,000 (since 13 July 2026). There is no fee for smaller estates. Extra copies of the grant cost £2 each if you order them with the application and £16 each afterwards, so order enough at the start. GOV.UK says you will usually get the grant within 12 weeks of applying, whether you apply online or by post. If you apply online you can track the application.

Step 7: collect the assets

Show the grant to the banks, building societies and other organisations holding the assets. Open a separate executor's bank account for the estate's money.

Step 8: advertise for creditors

Place notices under section 27 of the Trustee Act 1925 in The London Gazette and a local newspaper. The notices must give creditors at least two months to claim. Once that period ends, you can pay out without being personally liable for claims you did not know about. An unknown creditor may still be able to claim from the beneficiaries.

Blush envelopes closed with gold wax seals stamped with a tree

Step 9: pay debts, expenses, and legacies

Pay every known debt, the funeral costs, the costs of administration and any cash gifts from the estate's money. Debts do not die with the person. They must be paid before the beneficiaries receive anything.

Step 10: prepare estate accounts and distribute

Prepare a full set of estate accounts and have the beneficiaries approve them before you make the final payments. Executors usually wait six months from the grant before making them. That is the normal time limit for a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Paying out earlier can leave you personally liable if a claim is then brought in time. The whole process usually takes six to twelve months.

Waves washing over the sand beside a line of old wooden groynes on Hornsea beach

Whether you need a solicitor

You do not have to use a solicitor. Professional help matters most where the estate is large or complicated, or inheritance tax is due. It also matters in a dispute, or where the executor lacks the time or confidence to do it alone.

If you are an executor and want help, contact Safe Harbour Legal. Aaron offers grant only probate, grant only with the full inheritance tax account, and full estate administration, each at a fixed fee. All fees, with VAT, are set out on the fees page.

This guide is intended as general legal information and does not constitute legal advice. Safe Harbour Legal and Legal Studio Solicitors are trading names of MDLS Solicitors Limited, authorised and regulated by the Solicitors Regulation Authority (SRA ID 598793).

Sources

The official pages behind the rules this guide explains. Each was checked on .

  1. What to do after someone dies: Register the death

    GOV.UK

  2. How to value an estate for Inheritance Tax and report its value: If Inheritance Tax is due or full details are needed

    GOV.UK

  3. Applying for probate: After you've applied

    GOV.UK

  4. Trustee Act 1925, section 27: Protection by means of advertisements

    legislation.gov.uk

Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 11 June 2026 · Ends

Questions people ask about this.

General answers for England and Wales. What applies to you depends on your circumstances.

How long does probate take?

GOV.UK says you will usually get the grant within 12 weeks of applying. Dealing with the whole estate usually takes six to twelve months, and longer for a complicated estate.

Do I need probate if everything was jointly owned?

If everything was owned as joint tenants, it passes to the survivor automatically and probate is usually not needed. If anything was in the deceased's sole name, probate may still be needed.

Can I apply for probate myself?

Yes. You can apply online or by post, and GOV.UK has guidance. For a complicated estate, take professional advice.

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

A grant of probate is issued to an executor named in a valid will. Where there is a will but no executor can or will act, letters of administration with the will annexed are issued. Letters of administration are issued when there is no valid will. Both give the personal representative legal authority to deal with the estate.

Am I personally liable if I get something wrong as an executor?

Yes, you can be. Executors have a legal duty to administer the estate correctly and can be personally liable for mistakes. That is why many executors instruct a solicitor.

What is a caveat?

A caveat stops a grant being issued while a dispute is sorted out. It lasts six months and can be extended. There is a small court fee.

Next step

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Important

This guide contains general information about the law of England and Wales as at June 2026. It is not legal advice and should not be relied on in place of advice on your own circumstances. Probate, inheritance tax and intestacy law change often; check any specific point before acting on it. Outcomes for any one person depend on their facts, the documents, and decisions taken by HMRC, the courts and others. Fees shown are fixed once agreed in writing, before any work starts. Safe Harbour Legal and Legal Studio Solicitors are trading names of MDLS Solicitors Limited (company number 08599445), authorised and regulated by the Solicitors Regulation Authority, SRA 598793. The complaints procedure is at legalstudio.co.uk/sra-complaints (Legal Studio's website).