Banking

Probate UK — Step-by-Step Guide to the Process

Complete guide to probate in the UK. What probate is, when you need it, the application process, DIY vs solicitor, costs, and timeline expectations.

Probate can seem daunting, but many estates are straightforward. Here’s how the process works.

What Is Probate?

Understanding Probate

Term Meaning
Probate The whole process
Grant of Probate Certificate when there’s a will
Letters of Administration Certificate when there’s no will
Personal Representative Executor (with will) or Administrator (no will)

What Probate Does

Purpose Effect
Confirms will is valid Legal recognition
Authorises executor To manage estate
Allows access To release assets
Protects institutions Know who to deal with

When Is Probate Needed?

Usually Required For

Asset Why
Property To sell or transfer
Bank accounts over threshold Banks require it
Shares and investments Registrars need grant
Insurance policies Payable to estate
Large sums Generally £5,000-£50,000+

Usually Not Required For

Asset Why
Joint property Passes to survivor
Joint bank accounts Usually passes automatically
Life insurance in trust Paid to trust
Small bank balances Banks may release
Pensions with nomination Paid to nominee

Bank Thresholds

Bank Typical Threshold
Most high street banks £5,000-£50,000
Each bank different Check with them
Discretionary May release without

Step-by-Step Process

Phase 1: Preparation

Step Details
1 Find the will
2 Identify all assets
3 Identify all debts
4 Value everything
5 Complete IHT forms

Phase 2: Application

Step Details
6 Complete probate application (PA1P/PA1A)
7 Submit IHT forms
8 Pay IHT (if due)
9 Apply online or by post
10 Swear statement of truth
11 Submit original will

Phase 3: After Grant

Step Details
12 Receive grant of probate
13 Send copies to banks, etc.
14 Collect all assets
15 Advertise for creditors
16 Pay debts
17 File tax returns

Phase 4: Distribution

Step Details
18 Wait 6 months (Inheritance Act)
19 Obtain tax clearance
20 Prepare estate accounts
21 Distribute to beneficiaries
22 Get receipts

Applying for Probate

Required Documents

Document Purpose
Original will Must send
Death certificate Proves death
Completed PA1P form Application
IHT forms Tax position
Fee £273 (estates over £5,000)

Application Methods

Method Details
Online gov.uk/applying-for-probate
Paper Download and post forms
Solicitor Can submit on your behalf

IHT Forms

Form When Needed
IHT205 Excepted estate, no IHT due
IHT400 Full IHT return
IHT421 Probate summary
IHT217 Claiming spouse exemption

Timeline

Typical Timescales

Stage Duration
Valuation and IHT forms 2-8 weeks
Probate application processing 8-16 weeks
Collecting assets 4-8 weeks
Creditor advertisement 2 months
Final tax clearance Variable
Distribution After 6 months from grant

Total Timeline

Estate Complexity Expected Duration
Simple 6-9 months
Moderate 9-12 months
Complex 12-24+ months

What Causes Delays

Issue Delay Impact
Property sale Months
IHT investigation Months
Missing documents Weeks
Disputes Months to years
Foreign assets Significant

Costs

Official Fees

Fee Amount
Probate application £273
Estate under £5,000 No fee
Extra copies of grant £1.50 each

Professional Costs

Option Typical Cost
DIY Just application fees
Probate-only service £500-£1,500
Full administration 1-4% of estate value
Solicitor hourly £200-£400/hour

What Affects Professional Costs

Factor Impact
Estate value Higher value = higher fees
Complexity More work = more cost
Property sale Additional legal work
Tax complications Professional needed
Disputes Significantly more expensive

DIY vs Solicitor

DIY Suitable If

Factor DIY Likely OK
All UK assets
No property abroad
No business interests
Clear beneficiaries
No disputes expected
No IHT complications
You have time

Use Solicitor If

Factor Solicitor Recommended
Property abroad
Business assets
IHT due/complex
Disputes likely
Missing beneficiaries
Complex family
Trust involvement

Middle Ground Options

Option What You Get
Probate-only service Application done for you
Advice retainer Pay for guidance as needed
Online services Digital guidance
Citizens Advice Free basic help

Valuing the Estate

Assets to Include

Category Examples
Property House value (gross)
Bank/building society All accounts
Investments Shares, ISAs, bonds
Personal effects Car, valuables
Money owed to deceased Loans made
Pensions Some death benefits

How to Value

Asset Valuation Method
Property Estate agent estimate
Shares Stock price on date of death
Bank accounts Balance on date of death
Personal effects Reasonable estimate
Unusual assets Professional valuation

Date of Death

Rule Details
Value at date of death Not when you apply
Shares Middle market quote
Property Market value then
Debts Amount owed then

After Probate

With the Grant

Task Action
Send to banks They release funds
Land Registry Transfer property
Share registrars Transfer or sell shares
Collect all assets Into executor account

Paying Debts

Do In Order
Pay funeral First
Pay probate costs Administration
Pay secured debts Mortgages
Pay unsecured debts Credit cards, etc.
Keep reserves For unknown debts

Distribution

Before Distributing Check
All debts paid
Tax clearance received
6 months from probate
No Inheritance Act claims
Prepare accounts

Summary: Probate Checklist

Gathering Information

Task Done
Locate original will
Order death certificates
List all assets
List all debts
Value assets
Identify beneficiaries

IHT Forms

Task Done
Determine which forms needed
Complete IHT205 or IHT400
Calculate any IHT due
Arrange IHT payment

Probate Application

Task Done
Complete PA1P/PA1A
Submit application
Pay fee
Send original will
Wait for grant

After Grant

Task Done
Collect assets
Place creditor ads
Pay debts
File tax returns
Wait 6+ months
Get tax clearance
Distribute estate
Get receipts

Key Resources

Resource Details
Gov.uk probate gov.uk/applying-for-probate
HMRC bereavement helpline 0300 200 3300
Citizens Advice Free guidance
STEP solicitors step.org/find-member

Probate is administrative, not mysterious. Take it step by step, keep good records, and don’t hesitate to get professional help if the estate is complex. Most delays come from waiting — for valuations, for institutions to respond, for time limits to pass.