How to Apply for Probate

To apply for probate, you submit an application to the Probate Registry with the original will (if there is one), a statement confirming the estate's inheritance tax position, and the £300 court fee. You can apply online via the MyHMCTS portal or by post using form PA1P (with a will) or PA1A (without a will). GOV.UK says the Probate Registry usually issues a grant within 12 weeks of receiving a complete application. Here is what each step involves.

Before you apply: value the estate

You cannot complete the probate application until you know what the estate is worth. You need the date-of-death value of every asset the deceased owned. That means:

• Requesting date-of-death balances from banks and building societies in writing (a letter with a death certificate)
• Getting a professional valuation of any property - a formal RICS valuation is suitable for HMRC purposes; some estate agents also offer formal probate valuations
• Obtaining a date-of-death valuation of any shares or investment portfolios from the relevant platform or registrar
• Making a reasonable estimate of the value of personal possessions (contents of the home, jewellery, vehicles)

You also need to identify all debts: mortgage balance, credit cards, loans, outstanding bills, funeral expenses. These are deducted from the gross estate to give the net estate value. Our guide to documents needed for probate sets out a full checklist of what to gather.

Step 1: Check whether inheritance tax is due

Before applying for probate, you need to deal with inheritance tax. The key threshold is the nil-rate band, currently £325,000. There is an additional residence nil-rate band of up to £175,000 when a main residence is left to direct descendants, giving a potential combined threshold of £500,000 for a single person. Married couples and civil partners can transfer any unused nil-rate band, potentially doubling these thresholds.

If the estate is below these thresholds, and qualifies as an "excepted estate" under the rules introduced in January 2022, no separate inheritance tax form needs to be completed. You simply confirm on the probate application that the estate meets the excepted estate criteria. Note that the IHT205 form was abolished for deaths on or after 1 January 2022 - you no longer need to complete it.

If the estate does not qualify as an excepted estate - because it is above the threshold, or includes complex assets - you must complete form IHT400 and submit it to HMRC before applying for probate. Any inheritance tax due must be paid (or arrangements made to pay it) before the grant is issued. HMRC currently takes around 20 weeks to process IHT400 forms and issue a reference number needed to complete the probate application. See our guide to inheritance tax forms for more detail.

Step 2: Apply online or by post

There are two ways to apply for probate in England and Wales:

Online application (MyHMCTS portal)

Most executors and administrators can apply online through the government's MyHMCTS probate service. The online service guides you through the application step by step and allows you to track your application's progress. You will still need to send the original will and other documents by post after completing the online application.

To use the online service you will need a Government Gateway account (or to create one). The application takes around 30–60 minutes to complete, depending on the complexity of the estate. Online applications tend to be processed slightly faster than paper applications.

Paper application

If you prefer to apply on paper, or if the online service does not work for your situation, use:

• Form PA1P - for applying for a Grant of Probate when there is a will
• Form PA1A - for applying for Letters of Administration when there is no will

Both forms are available from gov.uk and from the Probate Registry directly. Completed forms are posted to the Probate Registry in Birmingham (HMCTS Probate) along with the supporting documents.

Step 3: Documents to send

Whether you apply online or by post, you will need to send the following by post to the Probate Registry:

• The original will (PA1P applications only - and any codicils, which are amendments to the will)
• The original death certificate (not a photocopy - the Probate Registry will return it)
• The court fee payment (see below)
• An IHT421 form from HMRC confirming inheritance tax has been paid or that the estate is an excepted estate (not needed for all excepted estate applications)

Do not send photocopies of the will or death certificate - the Probate Registry requires originals.

Step 4: The statement of truth

As part of the application, you must sign a statement of truth confirming that the information you have provided is accurate and that you will administer the estate correctly. This replaced the old "executor's oath" in 2020 - no solicitor visit needed - but it is still a solemn legal declaration. A false statement is a serious matter.

Step 5: Pay the court fee

The current Probate Registry court fee is:

• £0 for estates valued under £5,000
• £300 for all other estates

You can also order sealed copies of the grant when you apply. Each copy costs £16. Order at least five to seven - banks, investment platforms, HM Land Registry, and other institutions each typically need one, and they usually require an original sealed copy rather than a photocopy. It is much cheaper and faster to order them upfront than to request additional copies later.

Step 6: What happens next

Once the Probate Registry receives your complete application, they will process it and issue the grant. GOV.UK says the Probate Registry usually issues a grant within 12 weeks of receiving your application. You can track your application online if you applied via MyHMCTS.

The Probate Registry may come back to you with queries. The most common issues are missing pages of the will, discrepancies in names or dates, and questions about the estate valuation.

After the grant is issued

Once you have the grant, you can use it to:

• Ask banks and building societies to release account balances
• Transfer or sell property (via a solicitor and HM Land Registry)
• Transfer or sell shares and investments
• Collect any other assets belonging to the estate

Send a sealed copy of the grant to each institution rather than the original. Keep the original safe. After collecting all assets, pay debts, complete any outstanding tax returns, and then distribute the estate to beneficiaries according to the will or rules of intestacy. Our guide to what happens after probate is granted covers the next steps in detail.

When to get professional advice

Many executors apply for probate without a solicitor. Get professional help if:

• You need to complete an IHT400 - the supplementary schedules are complex and errors can delay the application significantly
• The will is being challenged or its validity is in doubt
• The estate includes overseas assets, trusts, or business interests
• You are not confident completing the statement of truth or estate valuation accurately

Solicitors can be instructed just for the probate application itself, rather than the full estate administration, which keeps costs manageable. Our guide to doing probate without a solicitor will help you decide what suits your situation.