The UK Probate Process Explained: A Practical Guide for Executors and Families

Probate is the legal process through which a deceased person's estate is administered and their assets distributed to beneficiaries. The term is often used loosely to mean "dealing with someone's affairs after death", but technically it refers specifically to the court's confirmation that a Will is valid and that the named executor has authority to act — the formal document is called a "Grant of Probate". Where there is no Will, the equivalent process produces a "Grant of Letters of Administration".

For executors — the individuals named in a Will to administer the estate — understanding the probate process is essential. This guide covers when probate is required, the application process, the interaction with Inheritance Tax, realistic timeframes, costs, and whether professional assistance is necessary.

When Is Probate Required?

Not all assets require a Grant of Probate to be transferred after death. Whether probate is needed depends on how the asset is held:

Jointly owned assets: property, bank accounts, and investments held as "joint tenants" (rather than "tenants in common") pass automatically to the surviving co-owner by right of survivorship, outside the Will and without probate. A death certificate is usually sufficient to transfer the asset.

Nominated beneficiaries: pension death benefits and life insurance policies written in trust typically pass directly to the nominated beneficiary without forming part of the estate and without probate.

Solely owned assets: bank accounts, investment portfolios, property, and other assets held solely in the deceased's name generally require probate before they can be transferred or sold. Most financial institutions and the Land Registry require sight of the Grant before they will release assets or change title.

The threshold question: individual financial institutions set their own thresholds below which they will release funds without a Grant. These vary significantly — some banks release up to £5,000 without probate; others require it for any solely owned amount. The Land Registry always requires a Grant to transfer registered property. As a rule of thumb: if the estate contains solely owned property or significant solely owned financial assets (generally above £15,000-£50,000 depending on the institution), probate is required.

Who Applies for Probate?

If the deceased left a valid Will, the executor named in the Will applies for a Grant of Probate. There may be multiple executors (the Will can name up to four acting simultaneously). If all named executors are willing to act, they all apply together or one applies "with power reserved" to the others.

If the deceased died intestate (without a Will), the rules of intestacy determine who inherits. The nearest relatives — typically spouse first, then adult children — can apply for a Grant of Letters of Administration. The process is substantially the same as probate; the outcome depends on intestacy rules rather than testamentary intention.

A Grant can be applied for without a solicitor. However, solicitors are commonly used, and are recommended where the estate is complex, the Will is contested, or the executor has limited time or confidence in the administrative process.

How to Apply: The Probate Process

1. Valuation of the Estate

Before applying, the executor must value all assets and liabilities of the estate as at the date of death. This includes:

• Bank and savings accounts (balances at date of death, obtainable by writing to each institution)
• Investment portfolios (market values at date of death)
• Property (market value — a RICS-qualified surveyor's report is recommended for significant property)
• Life insurance (if not in trust)
• Personal possessions of value
• Business interests
• Debts owed to the estate
• Deductions: outstanding mortgage, credit card balances, unpaid bills, funeral costs

2. IHT Reporting

If the estate exceeds the Inheritance Tax threshold (the nil-rate band plus any transferable nil-rate band from a deceased spouse, plus the residence nil-rate band where applicable), an IHT400 form must be completed and submitted to HMRC. For smaller estates that meet the "excepted estate" conditions (broadly: estate value within the nil-rate band, limited foreign assets, and lifetime gifts below £250,000), no separate IHT form is required — the executor instead provides the estate value figures directly within the probate application (PA1P or PA1A). The IHT205 form was withdrawn for deaths on or after 1 January 2022 and is no longer used.

HMRC must confirm the IHT position before the Probate Registry will issue the Grant. If IHT is due, it must be paid (or at least partially paid) before the Grant is issued — a catch-22, since the estate assets are frozen without the Grant. Most banks have arrangements to release funds directly to HMRC to pay IHT ahead of probate; investment platforms may require a more formal process.

HMRC's direct payment scheme allows executors to instruct certain banks and NS&I to pay IHT directly from the deceased's accounts. This avoids the need for the executor to fund the IHT personally pending asset release.

3. Applying for the Grant

Applications are made using the online MyHMCTS probate service or by post to the Probate Registry. The application requires:

• Form PA1P (for testate estates — where there is a Will) or PA1A (for intestate estates)
• The original Will (or an official certified copy for lost Wills)
• The death certificate (or a certified copy)
• The completed IHT400 return (for taxable or complex estates), or — for excepted estates — the estate value information provided directly within the probate application (the IHT205 form was withdrawn for deaths on or after 1 January 2022)
• The application fee: currently £300 for estates above £5,000; no fee for estates below this

Executors applying without a solicitor do the above themselves. Solicitors submit on their clients' behalf.

4. The Grant Is Issued

Once the application is accepted and HMRC has confirmed the IHT position, the Probate Registry issues the Grant of Probate (or Letters of Administration). The Grant is an official, sealed document — multiple certified copies should be requested at application stage (cost approximately £16 each as of late 2025) since each institution dealing with the estate will typically require its own original copy.

5. Administering the Estate

With the Grant, the executor has authority to:

• Collect all assets (close accounts, transfer investments, sell or transfer property)
• Pay outstanding debts and liabilities
• Pay any remaining IHT (plus interest if payment was deferred on certain assets)
• Distribute the estate to beneficiaries in accordance with the Will or intestacy rules
• Prepare estate accounts and obtain beneficiary approval

The executor has a duty of care to all beneficiaries. Distributing the estate prematurely — before all creditors have been satisfied — can expose the executor to personal liability.

How Long Does Probate Take?

Straightforward probate — a clear Will, no IHT due, modest financial assets — can be completed in 3-6 months.

Average cases with IHT to report, multiple assets to collect, and property to sell typically take 6-12 months.

Complex cases — contested Wills, multiple properties, overseas assets, business interests, missing beneficiaries — can take 2-5 years or more.

HMRC's current processing times for IHT400 forms have been a significant source of delay. HMRC targets 12 weeks to process returns, but actual processing times vary and have extended during periods of high demand.

Solicitor Fees: Realistic Expectations

Solicitors commonly charge probate fees as a percentage of the estate value — typically 1-2% plus VAT, sometimes with a minimum fee. On a £500,000 estate, this means £5,000-£10,000 plus VAT. On a £2m estate, the same percentage fee is £20,000-£40,000 — arguably excessive for the work involved in many straightforward cases.

Alternatives:

• Fixed-fee solicitors: many firms now offer fixed-fee probate services — typically £1,500-£5,000 for standard estates.
• DIY probate: executors can apply without a solicitor. For simple estates with no IHT, this is genuinely achievable. HMRC and the Probate Registry provide guidance, and multiple private services offer step-by-step support.
• Online probate services: several services (including some authorised by HMCTS) offer supported DIY probate at significantly lower cost than traditional solicitors.

The decision whether to use a solicitor should reflect the complexity of the estate, the availability and competence of the executor, and the relationship between executor and beneficiaries (contested estates require legal representation).

Contested Wills and Contentious Probate

If beneficiaries or potential beneficiaries dispute the validity of the Will (claiming undue influence, lack of testamentary capacity, or fraud), or if the estate distribution is disputed, probate becomes "contentious". This is specialist litigation work handled by probate solicitors, often with counsel involvement, and costs can be substantial.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of person — spouses, former spouses, cohabiting partners, and dependants — to apply to the court for reasonable financial provision even where the Will (or intestacy) does not provide it. Such claims typically increase both the duration and the cost of probate.

International Estates

For HNW individuals with assets in multiple countries, UK probate deals only with UK assets. Overseas assets require separate processes in each jurisdiction — French succession law, Spanish inheritance law, UAE DIFC wills, and so on. International estate planning should coordinate these processes in advance; discovering at death that overseas assets require separate proceedings in multiple jurisdictions can be both expensive and protracted.

UK IHT applies to the worldwide estate of UK-domiciled individuals, regardless of where assets are located. Non-UK domiciliaries are subject to UK IHT only on UK situs assets. Establishing and evidencing domicile for IHT purposes is a specialist area frequently disputed with HMRC.

Tax rules and probate procedures are subject to change. This article reflects the position in England and Wales as at June 2026 and does not apply without modification to Scotland or Northern Ireland. This is not legal advice; executors facing complex estates should take professional guidance.

How Global Investments Can Help

Global Investments assists HNW families and their advisers in the financial aspects of estate administration — including asset valuation, portfolio reorganisation, and post-probate wealth planning for beneficiaries. We also advise on estate planning structures that can simplify the probate process for future generations. Contact us to discuss estate administration or longer-term succession planning.