How long does probate take in the UK in 2026?

Most straightforward estates take between 6 and 12 months from the date of death to the final distribution of assets. The Probate Registry is currently processing applications in roughly 8 to 16 weeks, but the overall timeline depends on factors such as Inheritance Tax clearance, property sales, and the complexity of the estate. More complex cases — involving disputes, overseas assets, or business interests — can take significantly longer.

How much does it cost to apply for probate in England and Wales?

The official probate application fee in England and Wales is £300 for estates valued over £5,000. There is no fee for smaller estates. Additional certified copies of the Grant of Probate cost £1.50 each. If you use a solicitor or probate specialist, their fees typically range from 1% to 5% of the estate's total value, though some charge a fixed fee or hourly rate. Always ask for a written estimate upfront.

Can I apply for probate without a solicitor?

Yes — many people successfully apply for probate themselves, known as a DIY or personal application. It's most manageable for straightforward estates with a clear will, no major property disputes, and limited tax complexity. You apply directly through the Government's online probate service or by post using form PA1P (with a will) or PA1A (without a will). If the estate is complex, or you're dealing with significant Inheritance Tax, it may be worth paying for professional advice.

What happens if someone dies without a will in the UK?

Dying without a will is called dying intestate. In this case, the estate is distributed according to the Rules of Intestacy — a legal framework that prioritises spouses and civil partners, then children, then other relatives. Unmarried partners have no automatic right to inherit, regardless of how long they lived together. Instead of a Grant of Probate, the next of kin must apply for Letters of Administration. The process is similar but the estate must follow intestacy rules rather than the deceased's personal wishes.

Do you always need probate to access a deceased person's bank account?

Not always. Most UK banks and building societies have their own thresholds — typically between £15,000 and £50,000 — below which they may release funds without requiring a Grant of Probate. For larger accounts, or where accounts are in a sole name, probate will almost certainly be required. It's always worth contacting the bank directly as early as possible to understand their specific requirements.

What is the difference between a Grant of Probate and Letters of Administration?

Both documents serve the same purpose — they grant legal authority to deal with a deceased person's estate — but they apply in different circumstances. A Grant of Probate is issued when the deceased left a valid will and names an executor. Letters of Administration are issued when there is no will (intestacy), when the will doesn't name a surviving executor, or when the named executor is unable or unwilling to act. In Scotland, both situations are covered by the process of Confirmation.

Probate Explained: What It Is and How to Apply in the UK

Probate can feel overwhelming when you're already grieving. This plain-English guide explains exactly what probate is, when you need it, how to apply, and what it costs — so you can move forward with confidence.

When someone you love dies, the last thing you want to think about is legal paperwork. Yet for many families, probate is an unavoidable part of settling a loved one's affairs — and understanding what it involves can make the process feel far less daunting.

This guide explains everything you need to know about probate in plain English: what it is, when you need it, how to apply, how long it takes, and the pitfalls to avoid. If you're an executor dealing with an estate for the first time, you're in the right place.

What Is Probate?

Probate is the legal process that gives a person the authority to deal with a deceased person's estate — their money, property, possessions, and debts. In England and Wales, once probate is granted, the executor (or administrator, if there's no will) receives an official document called a Grant of Probate (or, where there's no will, Letters of Administration). This document is recognised by banks, building societies, HMRC, and other institutions as proof of your legal authority to access and distribute the estate.

In Scotland, the equivalent process is called Confirmation, and in Northern Ireland it broadly mirrors the process in England and Wales. This guide focuses primarily on England and Wales, but many of the principles apply across the UK.

When Do You Need Probate?

Not every death requires probate, so it's worth checking before you begin the process. Generally, you'll need a Grant of Probate when:

The deceased owned property or land in their sole name
They held significant savings or investments — most banks require probate for accounts over £15,000–£50,000, though thresholds vary by institution
They held shares or other financial assets
They owned a business

When You May NOT Need Probate

Probate is often unnecessary when:

The estate is very small (typically under £5,000–£10,000 in total assets)
All assets were held jointly — for example, a joint bank account or jointly owned property passes automatically to the surviving owner under the right of survivorship
Assets were held in a trust
The deceased only had assets with a named beneficiary (such as a pension or life insurance policy written in trust)

If you're unsure whether probate is required, use our /probate/check/probate checker tool to get a quick, clear indication based on your specific circumstances.

The Executor's Role: Your Responsibilities

If the deceased left a will, it will name an executor — the person responsible for carrying out the wishes set out in that will. There can be more than one executor, and you don't have to be a legal professional. Being appointed executor is an honour, but it does come with real responsibilities:

Registering the death (within 5 days in England, Wales, and Northern Ireland; 8 days in Scotland)
Locating the original will
Valuing the estate — including all assets and outstanding debts
Applying for the Grant of Probate
Paying any Inheritance Tax (IHT) owed before probate can be granted
Collecting assets, paying debts, and distributing what remains to beneficiaries
Filing a final tax return for the deceased if required

It's worth noting that an executor can be a beneficiary too — this is entirely legal and very common.

The Probate Process: Step by Step

Step 1 — Register the Death

Before anything else, the death must be registered at the local register office. You'll receive a Death Certificate, and you should order several certified copies — typically 5 to 10 — as banks, financial institutions, and Government departments will each need one.

Step 2 — Find the Will and Notify Relevant Parties

Locate the original will. If you cannot find one, check with the deceased's solicitor, their bank, or the National Will Register. You should also notify HM Revenue & Customs (HMRC), the Department for Work and Pensions (DWP), and any other relevant organisations of the death.

Step 3 — Value the Estate

You'll need a full picture of everything the deceased owned and owed. This includes:

Property valuations (usually from an estate agent or RICS-registered surveyor)
Bank and savings account balances
Investments, shares, and ISAs
Personal possessions of significant value
Outstanding debts, mortgages, and liabilities

Contact each bank and financial institution directly — they'll tell you the balance at the date of death, which is what you need.

Step 4 — Report to HMRC and Pay Any Inheritance Tax

In 2026, the standard Inheritance Tax threshold (the nil-rate band) remains £325,000. Estates above this are taxed at 40% on the amount over the threshold, though various reliefs and exemptions can apply — including the residence nil-rate band of up to £175,000 when a home is left to direct descendants.

You must report the estate's value to HMRC using form IHT400 (or the simpler IHT205 for smaller estates, though this has been updated — check HMRC's current requirements). Crucially, Inheritance Tax must be paid before probate is granted. If cash isn't available in the estate, some banks will release funds directly to HMRC under a Direct Payment Scheme, or you may need to arrange a temporary loan.

Step 5 — Apply for the Grant of Probate

You can apply online via the Government's probate service or by post. You'll need to submit:

The completed probate application form (PA1P if there is a will; PA1A if there isn't)
The original will and any codicils
An official copy of the Death Certificate
The Inheritance Tax reference number (if IHT is payable)
The probate fee payment

Step 6 — Administer the Estate

Once you hold the Grant of Probate, you can begin collecting assets. This means closing bank accounts, transferring or selling property, and dealing with investments. You'll also advertise for creditors — placing a notice in The Gazette protects you from unexpected claims after distribution. Once all debts are settled, you can distribute the remaining estate to beneficiaries in accordance with the will.

Step 7 — Keep Clear Records

As executor, you should keep meticulous records of every transaction, valuation, and decision. You may be required to produce estate accounts for the beneficiaries, and you remain personally liable if you distribute incorrectly.

How Long Does Probate Take?

The honest answer is: it varies considerably. As a general rule, straightforward estates typically take 6 to 12 months from the date of death to full distribution. More complex estates — particularly those involving property sales, business interests, overseas assets, or disputes — can take considerably longer.

In 2026, the Probate Registry is processing straightforward applications in roughly 8 to 16 weeks from submission, though this can fluctuate. Delays at HMRC for Inheritance Tax clearance, or complications selling a property, are among the most common causes of a longer timeline. It's wise to set beneficiaries' expectations early.

What Does Probate Cost?

Official Probate Fees

In England and Wales, the current probate application fee (as of 2026) is £300 for estates valued over £5,000. There is no fee for estates valued at £5,000 or less. Additional copies of the Grant of Probate cost £1.50 each — and you'll want several for dealing with banks and other institutions.

Solicitor or Probate Specialist Fees

If you choose to use a solicitor or probate specialist, costs vary widely. Many charge a percentage of the estate's value — typically 1% to 5% — which can add up to a significant sum on a large estate. Others charge an hourly rate or a fixed fee. Always ask for a clear written estimate before instructing anyone.

DIY Probate vs Using a Solicitor: Which Is Right for You?

When DIY Probate Makes Sense

Applying for probate yourself is entirely possible and can save considerable money. It's most suitable when:

The estate is straightforward — a clear will, no property disputes, no business interests
There are no complex tax issues
Beneficiaries are in agreement and there are no family disputes
You have the time and organisational capacity to manage the process

When to Consider Professional Help

There are circumstances where professional guidance is genuinely worth the investment:

The estate is complex — multiple properties, overseas assets, or a business
There is no will (intestacy), particularly where family circumstances are complicated
Disputes have arisen among beneficiaries or potential claimants
Significant Inheritance Tax is payable and you want to ensure all reliefs are correctly claimed
You simply don't feel confident handling it alone during an already difficult time

If you do use a solicitor, ensure they are regulated by the Solicitors Regulation Authority (SRA). Some unregulated 'will writing' or 'probate' companies operate without oversight — always check credentials.

Intestacy: What Happens If There's No Will

If someone dies without leaving a valid will, they are said to have died intestate. In this situation, their estate is distributed according to the Rules of Intestacy — a legal framework that determines who inherits based on family relationships.

Under the current rules in England and Wales, the order of priority is roughly: spouse or civil partner first, then children, then parents, then siblings, and so on. Unmarried partners, regardless of how long they lived together, have no automatic right to inherit under intestacy rules — a fact that continues to catch many families by surprise.

Where there is no will, an eligible person (usually the next of kin) must apply for Letters of Administration rather than a Grant of Probate. The process is broadly similar, but the estate must be distributed according to the intestacy rules, not the deceased's personal wishes.

This is a powerful reminder of why making a will is so important — and why reviewing it regularly matters too.

Common Probate Pitfalls to Avoid

Distributing assets too early. Paying out to beneficiaries before all debts, taxes, and potential claims are settled can leave you personally liable as executor.
Missing the Inheritance Tax deadline. IHT is generally due within six months of the end of the month of death. Missing this deadline incurs interest charges.
Not advertising for creditors. Placing a statutory notice in The Gazette protects executors from later claims — skipping this step can be costly.
Undervaluing the estate. HMRC scrutinises estate valuations. Under-declaring assets — even accidentally — can result in penalties.
Ignoring digital assets. In 2026, most people have online bank accounts, cryptocurrency, or other digital assets. Make sure you account for these in the estate valuation.
Forgetting to notify all institutions. Pension providers, insurance companies, loyalty schemes — the list is long. Use the Government's Tell Us Once service to notify many public bodies simultaneously.

A Note on Support During a Difficult Time

Dealing with legal and financial administration while grieving is genuinely hard. Many families find it helpful to have as much practical support around them as possible during this period. NAFD-accredited funeral directors don't just arrange funerals — many are experienced in helping families understand the practical steps that follow a bereavement, and can point you towards trusted local resources and professionals. Every NAFD member operates under a strict Code of Practice and is independently monitored, so you can be confident you're receiving guidance from someone reputable.

If you haven't yet arranged the funeral, or need support navigating the early stages of bereavement, /find-a-funeral-director/find an NAFD-accredited funeral director near you for compassionate, professional guidance you can trust.

Ready to Take the Next Step?

Probate doesn't have to be as overwhelming as it first appears. Armed with the right information and the right support, most families navigate the process successfully — even during the most difficult of times.

Use our /probate/check/probate checker tool to find out whether you need to apply for probate
Use the /funeral-cost-calculator/funeral cost calculator if you're still in the early stages of planning
/find-a-funeral-director/Find an NAFD-accredited funeral director in your area for compassionate support from the very beginning