# How to apply for probate in England & Wales

> How-to · Last reviewed 26 May 2026

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## Quick answer

Apply online at gov.uk/applying-for-probate after registering the death and valuing the estate. The Probate Registry fee is £300 if the estate is over £5,000 (with extra sealed copies at £1.50 each).

Probate is the legal authority to deal with someone's estate. Executors named in a will apply for a Grant of Probate; if there's no will, the closest relative applies for Letters of Administration.

## Steps

### 1. Check whether probate is needed

You may not need probate if the estate is small (under £5,000), held entirely jointly with a surviving spouse, or held in certain insurance products. Each bank sets its own threshold.

Source: https://www.gov.uk/applying-for-probate

### 2. Value the estate

Get up-to-date valuations of property, savings, investments, pensions, vehicles and personal possessions. List debts (mortgage, loans, utility bills) and funeral costs.

### 3. Deal with Inheritance Tax

If the estate exceeds the Nil-Rate Band (£325,000) — possibly plus the Residence Nil-Rate Band — IHT may be due. Submit IHT400 (or IHT205/207 for excepted estates) and pay any tax owed before probate is issued.

Source: https://www.gov.uk/inheritance-tax

### 4. Apply for the grant online

Apply through gov.uk/applying-for-probate (executors) or as a personal representative if there's no will. Pay the £300 fee online; send the original will to HMCTS within 7 days of submitting the application.

### 5. Administer the estate after the grant arrives

Once the Grant of Probate (or Letters of Administration) is issued (typically 16+ weeks), close accounts, sell or transfer assets, settle debts, then distribute according to the will or the rules of intestacy.

## Common pitfalls

- Don't distribute the estate before settling debts and tax — executors are personally liable
- Inheritance Tax must usually be paid within 6 months of death (interest accrues after that)
- Scotland uses 'confirmation' (not probate) via the Sheriff Court; Northern Ireland has its own probate process

## Frequently asked questions

### How long does probate take?

Currently around 16 weeks from a complete online application, longer for paper or complex estates. Check HMCTS's published waiting times — they have varied widely.

### Do I need a solicitor?

Not always. Straightforward estates can be handled by an executor without legal help. Solicitors are useful for complex estates, disputes, business assets or significant inheritance tax planning.

### What if there's no will?

The 'rules of intestacy' decide who inherits. The closest relative applies for Letters of Administration instead of a Grant of Probate.

## Sources

- [GOV.UK — Applying for probate](https://www.gov.uk/applying-for-probate)
- [GOV.UK — Intestacy rules](https://www.gov.uk/inherits-someone-dies-without-will)
- [HMRC — Inheritance Tax](https://www.gov.uk/inheritance-tax)

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Independent UK money guidance from [Money Guide](https://moneyguide.org.uk). Information only — not regulated financial advice.