How to Apply for Probate in the UK

Last updated: 9 April 2026

Most people have no idea that probate can take anywhere from four months to two years, and during that entire time the deceased’s estate sits frozen — their bank accounts inaccessible, their property unmoved, their affairs in limbo. If you’ve been named as an executor, or you’re trying to understand what happens to a loved one’s money and possessions after they pass, probate is the legal process you’ll need to navigate. It sounds intimidating, but it’s far less mysterious once you understand the steps involved. In this guide, we’ll walk through exactly how to apply for probate in the UK in 2026, what it costs, how long it takes, and what to expect at each stage.

What Is Probate and Why Do You Need It?

Probate is the legal process that gives executors the authority to deal with a person’s estate after death. Without it, banks won’t release funds, property can’t be transferred, and debts can’t be paid. Think of it as the official permission from the courts to say: “Yes, this person is legally allowed to handle this dead person’s affairs.”

Not every estate needs probate. If the person left no will, the estate is very small, or all assets were held jointly (like a shared bank account), you might be able to avoid it. But in most cases — especially if there’s a will, property involved, or significant assets — probate is essential.

Here in Washington NE38, families dealing with bereavement often have to think about probate alongside planning the funeral and the wake. When you’re also grieving, the idea of navigating courts and legal forms can feel overwhelming. That’s why understanding the process early, before you’re in the middle of it, makes a real difference.

What You Need to Do Before Applying

Before you can apply for probate, you need to gather several documents and complete some important groundwork. This stage often takes the longest because it requires tracking down paperwork and waiting for official copies.

Step One: Obtain the Death Certificate

You cannot apply for probate without at least several copies of the official death certificate. The doctor or hospital issues a Medical Certificate of Cause of Death, which you take to the Registrar of Births, Deaths and Marriages within five days of death. The Registrar then issues the official death certificate.

Order at least six copies — you’ll need them for banks, insurers, the courts, and other organisations. Getting them early saves delays later.

Step Two: Find the Will and Understand Who Can Apply

If there’s a will, the person named as executor should apply. If there’s no will, the next of kin (spouse, children, parents, or siblings in that order) can apply to become administrator. Only the person named in the will or the person with the legal right to act can apply for probate.

The will should say where it’s kept — sometimes in a solicitor’s safe, sometimes at the deceased’s home. If you cannot find it, you may need to advertise for it or apply without one (which makes the process longer).

Step Three: List All Assets and Debts

You need to identify everything the deceased owned and everything they owed. This includes:

• Bank accounts and savings
• Property and land
• Stocks, bonds, and investments
• Pensions and life insurance
• Vehicles, jewellery, and other valuables
• Mortgages, loans, and credit card debts
• Council tax arrears or other outstanding bills

Contact each bank, insurer, and organisation holding assets. Ask them for a statement as of the date of death. This is essential for calculating inheritance tax and for the probate application.

Step Four: Calculate Inheritance Tax (If Applicable)

If the estate is over £325,000 (the current threshold in 2026), or if certain gifts were made in the seven years before death, you’ll need to pay inheritance tax. You must calculate this before you apply for probate.

Most estates under £325,000 don’t pay inheritance tax. For those that do, the rate is 40% of the amount above the threshold. You can find more detail on the government’s inheritance tax guidance page, or consider speaking to a tax adviser if the estate is complex.

Step Five: Complete the IHT Form

The IHT form (HM Revenue & Customs inheritance tax form) declares the estate’s value and whether inheritance tax is due. For most estates, this is straightforward. For complex estates with investments or property, you may want professional help.

The Step-by-Step Application Process

Once you have all the documents and forms ready, the actual probate application is relatively straightforward — though it does involve the Courts and Tribunals Service, which operates at its own pace.

How to Apply Online or by Post

You apply through the government’s probate application service. You can apply online or by post. Online applications are faster — you can submit documents digitally and track progress more easily.

You’ll need to upload:

• The death certificate (copy)
• The original will (or a certified copy)
• The IHT form or exemption statement
• Proof of your identity
• The oath or affidavit (a statement confirming the information is correct, sworn before a solicitor or court officer)

The oath is a formal declaration that you’ve told the truth and listed all assets and debts honestly. This is a legal document, and providing false information is a criminal offence. That’s why it’s taken so seriously.

The Waiting Period

After you submit your application, there’s a waiting period. The Courts and Tribunals Service checks everything, calculates any fees due, and processes the paperwork. This can take anywhere from a few weeks to several months, depending on how busy they are and whether there are any issues with your application.

If anything is unclear or missing, they’ll write to you asking for clarification. This is why getting everything right the first time matters — any back-and-forth adds weeks or months to the timeline.

Receiving Your Grant of Probate

Once approved, you receive the Grant of Probate (or Grant of Letters of Administration if there was no will). This is an official document, signed and sealed by the court. It’s your permission slip to deal with the deceased’s estate.

Order several copies — usually 5 to 10 — because banks, solicitors, and other organisations will want certified copies. There’s a small charge per copy (usually around £1-2 each).

Probate Costs and Fees in 2026

The probate process itself is not expensive, but there are costs to be aware of.

Court Fees

As of 2026, there are no court fees if the estate is under £5,000. For estates valued at £5,000 or more, there is a flat fee of £273. This is a significant reduction from the old system and applies regardless of how large the estate is.

If inheritance tax is due, you’ll pay that separately to HMRC — that’s not part of the probate fee.

Solicitor Costs (If You Use One)

Many people choose to hire a probate solicitor to handle the application. Solicitor fees vary widely — some charge a fixed fee (typically £500-£2,000 for a straightforward estate), while others charge a percentage of the estate value (usually 0.5% to 2%).

For simple estates with a clear will, you can often apply yourself without a solicitor. For complicated situations — multiple properties, disputes over the will, or international assets — professional help may save time and stress.

Other Costs

You might also incur costs for:

• Additional death certificate copies (around £11 each)
• Certified copies of the Grant of Probate (around £1-2 each)
• Valuation fees (if you need a professional to value property or valuables)
• Tax adviser fees (if the estate is complex and inheritance tax is due)

All of these costs come out of the estate before distribution to beneficiaries, so they’re not your personal responsibility as an executor.

What Happens After Probate Is Granted

Once you have the Grant of Probate, the real work begins. You now have the legal authority to deal with the deceased’s assets and settle their affairs.

Notify Everyone and Gather the Assets

Send certified copies of the Grant to banks, building societies, insurance companies, and anyone else holding assets. They will then release funds to you (as executor) or transfer assets into an estate account that you set up at a bank.

Property takes longer to deal with. If the house needs to be sold, you’ll need to instruct a solicitor, arrange a valuation, and manage the sale process. This can take months.

Pay Debts and Taxes

Before you can distribute money to beneficiaries, you must pay all debts, tax, and expenses. This includes:

• Funeral expenses
• Inheritance tax (if due)
• Outstanding loans, mortgages, and credit card debts
• Council tax and utility bills
• Professional fees

If the estate doesn’t have enough cash, you may need to sell assets to pay these debts.

Distribute What’s Left to Beneficiaries

Once all debts and expenses are settled, you distribute the remainder according to the will. If there’s no will, the law of intestacy determines who gets what (usually spouse first, then children, then parents, etc.).

You should provide beneficiaries with a detailed accounting of everything you’ve done, showing how much the estate was worth, what you’ve paid out, and what they’re receiving.

Common Delays and How to Avoid Them

Most probate applications take three to six months, but some take much longer. Understanding common delays helps you plan ahead.

Missing Documents

The most common reason for delays is incomplete paperwork. If your application is missing a death certificate, the original will, or the IHT form, the Courts and Tribunals Service will ask you to resubmit. Each request adds weeks to the timeline.

Solution: Gather and check everything before you submit. Use a checklist, and have someone else review it to make sure nothing is missing.

Disputes Over the Will

If someone challenges the will’s validity or claims they should have inherited more, probate can be delayed by months while the court resolves the dispute. This is rare, but it happens.

Solution: If you suspect a dispute is likely, talk to a solicitor early. Don’t apply for probate until the issue is resolved.

Complex Estates

Estates with multiple properties, significant investments, or assets held overseas take longer to value and deal with. The probate application itself isn’t delayed, but settling the estate after probate is granted takes much longer.

Solution: Be realistic about timelines. Beneficiaries need to understand that distributing a complex estate can take a year or more.

Delays from the Courts and Tribunals Service

Sometimes delays are simply due to workload at the court. During busy periods (particularly in winter and early spring), processing can slow down.

Solution: Apply as soon as possible after the funeral. There’s no advantage to waiting, and early submission means you’re further up the queue.

During the first 24 hours after a death, you may feel overwhelmed by immediate decisions about the funeral and the wake. Probate feels like a distant concern. But understanding it early means you can gather documents without panic and meet deadlines without stress. Most families in Washington NE38 find it helpful to have this knowledge before they need it, so that when grief and shock arrive, they’re not learning the process at the same time.

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