Applying for probate can feel daunting — especially when you’re grieving. The process involves unfamiliar forms, legal terminology, and strict requirements around inheritance tax. But for most straightforward estates, it’s something you can do yourself, either online or by post, without a solicitor.
This guide walks through every step of applying for probate in England and Wales: what grant you need, what documents to gather, how to complete the application, and what happens after you receive it. If you’re still working out whether probate is needed at all, start with our guide on whether you need probate.
What probate is
Probate is the legal authority to deal with someone’s estate — their money, property, and possessions — after they die. Without it, banks, building societies, and the Land Registry won’t release assets to you. The court grants this authority after reviewing the will (if there is one) and confirming who has the right to administer the estate.
For a full breakdown of how long the process takes from start to finish, see our guide to probate timelines.
Which type of grant do you need?
There are three types of grant, depending on whether there’s a will and who is applying. They all give the same legal authority — the difference is the route you take to get there.
| Situation | Grant issued | Who applies |
|---|---|---|
| There is a valid will naming executors | Grant of probate | The executor(s) named in the will |
| There is no will | Letters of administration | The closest living relative, following a set order of priority (gov.uk — Applying for probate) |
| There is a will, but the named executor cannot or will not act | Letters of administration with will annexed | The next eligible person — often a beneficiary or the closest relative |
If an executor has been named in the will but doesn’t want to take on the role, they can formally renounce their right using form PA15. If they’re unable to act due to illness or incapacity, form PA14 (a medical certificate) is used instead (gov.uk — Applying for probate).
Where there’s no will, the right to apply follows a strict order: spouse or civil partner first, then children aged 18 or over, then parents, then siblings, and so on. The full order of priority is set out in the Administration of Estates Act 1925. For a complete guide to the intestate application process, see our guide to letters of administration.
What to gather before you apply
You cannot submit a probate application until you have the right documents and a clear picture of the estate’s value. Collecting everything before you start will prevent delays and rejected applications.
Essential documents
- The original will (if one exists) — photocopies are not accepted. If the will is held by a solicitor, bank, or the Probate Service, contact them to retrieve it
- The death certificate — you’ll need the original or a certified copy issued by the registrar. If the death occurred outside England and Wales, or if a coroner has issued an interim certificate, you’ll need that instead
- A full list of the estate’s assets and debts — bank accounts, property, investments, pensions, insurance policies, outstanding loans, credit cards, and any other liabilities
Valuing the estate
You need an estimate of the estate’s total value before you apply. This means contacting every financial institution, pension provider, and insurer the deceased had a relationship with and asking for the balance or value as at the date of death.
For property, you’ll need a realistic market valuation. An estate agent’s written estimate is usually acceptable for probate purposes; a formal RICS valuation is only needed if the estate is complex or HMRC is likely to query the figure (gov.uk — Valuing the estate of someone who died).
You’ll need three figures:
- Gross value — everything the deceased owned, before deducting debts
- Net value — the gross value minus debts (mortgages, loans, funeral costs)
- Net qualifying value — the value used to determine whether inheritance tax is due, after deducting any exemptions (such as assets passing to a spouse)
Joint assets require careful handling. Property or accounts held as joint tenants passes automatically to the surviving owner by right of survivorship and doesn’t form part of the probate estate — but the deceased’s share may still count towards the inheritance tax valuation. Assets held as tenants in common do form part of the estate, based on the deceased’s share.
Inheritance tax: do you need to report to HMRC?
Whether you need to report to HMRC — and which form to use — depends on the estate’s value and circumstances.
You don’t need to report full details to HMRC if the estate is an “excepted estate.” An estate is excepted if its gross value is below £325,000 (the nil rate band), or if the estate is worth less than £3 million and everything passes to a surviving spouse, civil partner, or qualifying charity (gov.uk — Valuing the estate of someone who died).
You must report full details using form IHT400 if the estate exceeds the nil rate band and tax is due, or if certain conditions apply — for example, if gifts exceeding £250,000 were made in the seven years before death, if there are trust assets, or if foreign assets exceed £100,000. HMRC has a full list of the reporting requirements on its guidance page (gov.uk — Valuing the estate of someone who died).
If you do need to submit an IHT400, it goes directly to HMRC. You then need to wait for HMRC to process it and issue you a unique code, which you’ll enter on your probate application. You cannot submit your probate application until you have this code. For a full breakdown of the HMRC process — including income tax, PAYE, and what to do about Child Benefit — see our guide to dealing with HMRC when someone dies.
If inheritance tax is due, you must start paying it before the grant is issued. HMRC allows payment by instalments for certain assets (mainly property and some shares), but the first payment or the full amount must be made before or alongside the probate application. Interest accrues from six months after the date of death (gov.uk — Inheritance Tax). For a full guide to payment methods — including the Direct Payment Scheme, bank transfers, and instalment options — see our guide to how to pay inheritance tax.
How to apply: step by step
Once you’ve valued the estate and dealt with any inheritance tax reporting, you’re ready to submit the probate application itself.
Step 1: Choose online or paper
Online is faster and recommended by HMCTS. You can apply at www.apply-for-probate.service.gov.uk. You’ll need an email address, and if there are multiple executors, one person acts as the lead applicant while others verify their identity via email or text message (gov.uk — Applying for probate).
Paper applications take longer. Use form PA1P if there is a will, or form PA1A if there is no will. Both forms are available to download from gov.uk. You’ll post the completed form, along with your supporting documents, to HMCTS Probate, PO Box 12625, Harlow, CM20 9QE. For more detail on how the registry works, see our guide to the probate registry.
Step 2: Complete the application
Whether you apply online or on paper, you’ll need to provide:
- The deceased’s full name, date of birth, date of death, and last permanent address
- Details of any surviving spouse or civil partner
- The names and addresses of all executors (PA1P) or the applicant’s relationship to the deceased (PA1A)
- The estate’s gross and net values
- Whether inheritance tax is due, and if so, the HMRC reference code
- Whether there are any other applications or caveats pending
If there is a will, you’ll need to send the original to HMCTS. For online applications, you’ll be told where to post it after submitting the form. For paper applications, include it with your PA1P form.
Step 3: Sign the legal statement
Before November 2018, applicants had to swear an oath before a solicitor or commissioner for oaths, at a cost of around £5-10 per document. This requirement was abolished by the Non-Contentious Probate (Amendment) Rules 2018. You now sign a statement of truth — a legal declaration that the information you’ve provided is accurate.
For online applications, this is incorporated into the digital process. For paper applications, the statement of truth is part of the PA1P or PA1A form itself.
Step 4: Pay the fee
The probate application fee is £300 for estates worth more than £5,000. There is no fee for estates worth £5,000 or less (gov.uk — Applying for probate).
You can also order extra copies of the grant at £16 each. It’s worth ordering several — banks, building societies, pension providers, and the Land Registry will each want to see a copy, and having multiples lets you contact several organisations at once rather than waiting for one to return the original before sending it to the next (gov.uk — Applying for probate).
If you’re on a low income or receiving certain means-tested benefits, you may be eligible for fee remission. Apply through the help with fees service at gov.uk/get-help-with-court-fees or by completing form EX160.
Step 5: Submit and wait
Once you’ve submitted your application and paid the fee, HMCTS processes it. The current guidance states that grants are issued within 16 weeks of submission, though in practice online applications for straightforward estates are often processed in 4 to 8 weeks (gov.uk — Applying for probate).
You can track the progress of an online application by signing in to the probate service. For paper applications, contact the Courts and Tribunals Service Centre on 0300 303 0648 (Monday to Friday, 9am to 1pm).
For a detailed breakdown of timelines at each stage, see our guide to how long probate takes.
How much does probate cost?
The court fee is the fixed cost, but it’s worth understanding the full picture before deciding whether to apply yourself or instruct a solicitor. For a full breakdown of all costs — including solicitor fees, what to expect for different estate types, and how to reduce what you pay — see our guide to probate costs.
| Cost | Amount | Notes |
|---|---|---|
| Probate application fee | £300 | Free for estates worth £5,000 or less |
| Extra copies of the grant | £16 each | Order 5-10 copies to save time |
| Solicitor fees (if used) | £750–£3,000+ | Varies widely; some charge fixed fees, others a percentage of the estate |
| IHT reporting (if needed) | No fee to file | But the tax itself is 40% on amounts above the nil rate band |
| Valuations (property, shares) | £150–£500+ | Only needed for complex assets or HMRC queries |
Probate application fees verified against gov.uk — Applying for probate, March 2026.
DIY probate vs using a solicitor
For many estates, applying for probate yourself is straightforward — especially if the estate is simple, there’s a valid will, and no inheritance tax is due. Around 92% of probate applications are now made without a solicitor, and the online process is designed for personal applicants.
When DIY probate works well
- The deceased left a clear, uncontested will
- The estate consists of bank accounts, savings, and perhaps a jointly owned property
- No inheritance tax is due (the estate is below £325,000, or everything passes to a spouse or charity)
- There are no disputes among beneficiaries
- All assets are in England and Wales
When a solicitor is worth the cost
- The estate includes foreign assets — different countries have different succession laws, and you may need to apply for a separate grant abroad
- Inheritance tax is due and the IHT400 is required — the form runs to over 20 pages and HMRC can query valuations for up to 20 years
- The will is being contested — any dispute over validity, interpretation, or a claim under the Inheritance (Provision for Family and Dependants) Act 1975 requires legal advice
- The deceased had business interests — shares in a private company, a partnership, or agricultural property all require specialist valuation and tax treatment
- There are trust assets — trusts have their own inheritance tax rules and reporting requirements
- The estate is insolvent — when debts exceed assets, strict legal rules govern the order in which creditors are paid, and personal liability can fall on the administrator if the order is wrong
If you’re unsure, many solicitors offer a free initial consultation to assess whether you need professional help. Some also offer fixed-fee probate packages that cover the full administration, which can provide certainty on cost.
After you receive the grant
Once the grant is issued, the will becomes a public document — anyone can apply to see it through the Probate Registry. Your death certificate will be returned to you if you submitted it.
What you can do with the grant
The grant is your authority to:
- Close bank accounts and collect balances — send a certified copy of the grant to each institution. Most banks release funds within 2 to 4 weeks. See our guide on what happens to bank accounts when someone dies for institution-specific processes
- Sell or transfer property — the Land Registry requires sight of the grant before registering a change of ownership
- Encash or transfer investments — share registrars, fund managers, and NS&I all require a copy of the grant
- Claim life insurance payouts — where the policy pays to the estate rather than a named beneficiary
- Pay debts and liabilities — using estate funds to settle outstanding bills, loans, and funeral costs
- Distribute the estate to beneficiaries — once all debts are paid and the statutory creditor notice period (typically two months, placed in The Gazette and a local newspaper) has passed
How many copies to order
Order at least 5 to 6 copies of the grant. Each bank, building society, and organisation you need to contact will want to see a copy, and having several means you can write to multiple institutions simultaneously. At £16 per copy, this is a small cost compared with weeks of delays waiting for a single copy to be returned (gov.uk — Applying for probate).
Can you apply for probate before registering the death?
No. You need the death certificate (or an interim coroner’s certificate) before you can apply. In England and Wales, you must register the death within five days — though this deadline is extended if a coroner is involved (gov.uk — Register a death). Once you have the certificate, you can begin valuing the estate and preparing your application.
If you haven’t yet registered the death and are unsure what needs doing first, our what to do when someone dies guide covers the full sequence.
What if there’s no will?
If the person died without a will (intestate), the estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925 (as amended). You apply for letters of administration instead of a grant of probate, using form PA1A (or the online service).
The right to apply follows a strict order of priority:
- Spouse or civil partner
- Children (aged 18 or over)
- Parents
- Siblings (full blood, then half blood)
- Grandparents
- Aunts and uncles
Only one person needs to apply, but up to four administrators can be named. If the deceased had no surviving relatives in any of these categories, the estate passes to the Crown as bona vacantia.
The application process is otherwise the same — you still value the estate, deal with any inheritance tax, and pay the same fees. The main difference is that the distribution rules are fixed: you have no discretion over who inherits what.
What happens if the executor doesn’t want to act?
An executor named in a will doesn’t have to take on the role. If they wish to step aside permanently, they can sign a renunciation using form PA15, available from gov.uk. This must be done before they’ve started any work on the estate — once they’ve intermeddled (taken any steps to deal with estate assets), they can’t renounce (gov.uk — Applying for probate). For a full explanation of executor duties, liability, and the renunciation process, see our guide to executor of a will — duties and responsibilities.
If all named executors renounce, the court issues letters of administration with will annexed to the next eligible person, usually the main beneficiary.
An executor can also appoint an attorney to apply on their behalf using form PA11, if they’re willing to remain executor but unable to handle the process personally.
Do you need to use the Tell Us Once service?
Tell Us Once is a free government service that lets you report a death to most government departments in a single phone call or online session. It notifies HMRC, the DWP, the DVLA, the Passport Office, and local council services. You’ll usually be offered the option to use Tell Us Once when you register the death.
It doesn’t replace the probate application — that’s a separate process — but it saves a significant amount of time and ensures benefits are stopped promptly, pensions are notified, and driving licences and passports are cancelled. Use it before or alongside your probate application.
Getting help
If you get stuck at any point, the following resources can help:
- HMCTS Probate helpline: 0300 303 0648 (Monday to Friday, 9am to 1pm)
- HMCTS email: contactprobate@justice.gov.uk
- Webchat: available through the online probate service
- Citizens Advice: free guidance on probate and estate administration at citizensadvice.org.uk
- Gov.uk probate guidance: gov.uk/applying-for-probate — the definitive source for forms, fees, and current processing times
For those without internet access, the We Are Group helpline (0330 016 0051 or support@wearegroup.com) can assist with the application process on your behalf (gov.uk — Applying for probate).