How to apply for probate in England and Wales

This guide is for executors named in a will who need to apply for a grant of probate in England and Wales. By the end you will know whether probate is necessary in your specific situation, how to apply online through the HMCTS Probate Service, what the fees are, and roughly how long the whole process takes. Scotland and Northern Ireland operate separate legal systems with their own procedures; the steps here do not apply there.

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Do you actually need probate?

Probate is not always required. The answer depends almost entirely on what assets the deceased owned and how they were held.

You will generally need a grant of probate when the estate includes property owned in the deceased's sole name, or when a financial institution (a bank, a pension provider, a share registrar) asks to see one before releasing funds. Most banks have internal thresholds; anything above roughly £15,000 to £50,000 held in a sole account will usually trigger the request, though each institution sets its own limit.

You probably do not need probate if the estate consists mainly of jointly owned assets, since these pass automatically to the surviving owner by survivorship. A joint bank account, for example, transfers without any grant. Similarly, if the only significant asset is a property owned as joint tenants (not tenants in common), probate for that property is not needed.

When in doubt, contact the relevant bank or Land Registry directly. They will tell you what they require.

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Step 1: Check whether probate is actually needed

Before spending a single hour on paperwork, ring or write to every institution holding the deceased's assets and ask whether they will release funds without a grant of probate. Keep a note of each response and the name of the person you spoke to. Some institutions will process small accounts without any formality; others are inflexible regardless of the sum.

If even one significant institution requires probate, you will need to go through the full process for the estate as a whole.

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Step 2: Gather the documents you will need

You cannot start your application without the following:

• The original will (not a photocopy; the original must be sent to the registry later)
• An official death certificate, or an interim certificate if a coroner is involved
• Details of all assets: bank and building society accounts, investments, property, vehicles, and personal possessions
• Details of all liabilities: mortgages, credit cards, outstanding bills

It is also worth locating any Lasting Power of Attorney documents, although these cease on death and are not part of the probate application itself. If you are unsure about LPA queries, Priya's guides on that area are worth reading separately.

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Step 3: Value the estate

Every asset needs a date-of-death valuation. For straightforward estates this means:

• Requesting written valuations or statements from each bank and financial institution as at the date of death
• Obtaining a property valuation (an estate agent's written estimate is acceptable for smaller estates; a formal RICS valuation is more defensible if HMRC may query it)
• Valuing personal possessions at their realistic second-hand market value, not insurance replacement cost

Once you have totals for assets and liabilities, subtract debts from assets to arrive at the net estate value. This figure determines which Inheritance Tax form you complete.

For deaths on or after 1 January 2022, most straightforward excepted estates use the shorter IHT205 route, or in some cases no IHT form at all if the estate clearly falls within the excepted estate rules. Larger or more complex estates require IHT400. The GOV.UK guidance at gov.uk/valuing-estate-of-someone-who-died sets out the thresholds in detail and is updated when rules change.

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Step 4: Report to HMRC if Inheritance Tax applies

If Inheritance Tax is due (broadly, estates above £325,000 after applicable reliefs), you must submit IHT400 to HMRC and pay at least some of the tax before probate can be granted. This is one of the more frustrating aspects of the process: the probate registry will not issue a grant until you have an IHT421 receipt from HMRC, but many banks will not release funds to pay the tax until you have probate.

There is a practical workaround for property-heavy estates. The Direct Payment Scheme allows some banks and NS&I to pay Inheritance Tax directly to HMRC from the deceased's accounts, so executors are not required to find the money personally. Ask each financial institution whether they participate.

HMRC aims to process IHT400 submissions within 20 working days, though this can stretch during busy periods. Factor it into your timeline.

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Step 5: Register and apply via HMCTS Probate Service

The HMCTS online probate service (accessible at apply-for-probate.service.gov.uk) is the fastest route for most executors. A paper application is still possible, but the online system is quicker, tracks your progress automatically, and is genuinely straightforward to use.

You will need to create a MyHMCTS account using an email address you check regularly. If you have never done this, it takes about five minutes and requires no specialist knowledge. Enter the email address, verify it from the link sent to your inbox, and set a password.

Once inside the portal, you will be asked to:

1. Confirm your role (executor named in the will, or administrator if there is no will)
2. Enter the deceased's details, the date of death, and their permanent address
3. Confirm whether there is a will and whether it has any codicils (amendments added after the original will was signed)
4. Enter the gross and net estate values you calculated in Step 3
5. Confirm the IHT position and, if applicable, enter your IHT reference number

At the end of the online form, you will be shown a legal statement that you must read carefully before electronically confirming it. This replaces the old in-person oath-swearing that used to require a visit to a probate registry. Read it properly; you are confirming under penalty that the information is accurate.

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Step 6: Pay the probate fee

As of 2025, the fee for a grant of probate in England and Wales is £273 for estates worth more than £5,000. There is no fee at all for estates of £5,000 or below. No tiered fees based on estate size currently apply (the government has proposed but not yet implemented fee increases; check GOV.UK for any changes if you are reading this in 2026 or later).

Payment is made online by debit or credit card as part of the HMCTS application. You cannot complete the submission without paying.

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Step 7: Send in the original documents

After submitting and paying online, the portal will give you a coversheet to print. Send this, along with the original will (and any codicils), to the probate registry address shown. Do not send photocopies at this stage; the registry needs the originals to examine the will for validity.

Use Royal Mail's Special Delivery service rather than standard post. The original will is irreplaceable if lost.

You do not need to send the death certificate at this point if you applied online; the system accepts a digital confirmation. However, keep several certified copies of the death certificate to hand. Banks, insurers, and share registrars each typically want their own copy, and obtaining extra copies from the register office is straightforward but takes time.

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Step 8: Receive the grant and begin administering the estate

Once the probate registry has verified your application and documents, they issue the grant of probate by post. The grant is a formal court document confirming your authority as executor to deal with the estate. You will typically receive two or more sealed copies, which is useful since multiple institutions may want to see one simultaneously.

Current waiting times from application submission to receipt of the grant are running at roughly eight to twelve weeks for straightforward applications submitted online, according to HMCTS figures. Complex estates, those requiring HMRC clearance, or applications with errors in the submission take longer.

With the grant in hand, you can:

• Write to banks and financial institutions to close accounts and transfer or receive funds
• Instruct a solicitor or estate agent to sell property
• Transfer shareholdings or encash investment accounts
• Pay outstanding debts and liabilities
• Distribute the remaining estate to beneficiaries in accordance with the will

Keep records of every transaction. Beneficiaries are entitled to see full estate accounts, and HMRC can ask questions years later.

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