Estate Planning UK 2026 — Wills, LPA, Probate and Inheritance Tax Guide

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.

If you are planning wills, attorney roles, probate steps, and family handover tasks together, use the Estate Planning Hub for the full route map.

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

What Is Probate?

Understanding Probate

TermMeaning
ProbateThe whole process
Grant of ProbateCertificate when there’s a will
Letters of AdministrationCertificate when there’s no will
Personal RepresentativeExecutor (with will) or Administrator (no will)

What Probate Does

PurposeEffect
Confirms will is validLegal recognition
Authorises executorTo manage estate
Allows accessTo release assets
Protects institutionsKnow who to deal with

When Is Probate Needed?

Usually Required For

AssetWhy
PropertyTo sell or transfer
Bank accounts over thresholdBanks require it
Shares and investmentsRegistrars need grant
Insurance policiesPayable to estate
Large sumsGenerally £5,000-£50,000+

Usually Not Required For

AssetWhy
Joint propertyPasses to survivor
Joint bank accountsUsually passes automatically
Life insurance in trustPaid to trust
Small bank balancesBanks may release
Pensions with nominationPaid to nominee

Bank Thresholds

BankTypical Threshold
Most high street banks£5,000-£50,000
Each bank differentCheck with them
DiscretionaryMay release without

Step-by-Step Process

Phase 1: Preparation

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

Phase 2: Application

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

Phase 3: After Grant

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

Phase 4: Distribution

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

Applying for Probate

Required Documents

DocumentPurpose
Original willMust send
Death certificateProves death
Completed PA1P formApplication
IHT formsTax position
Fee£273 (estates over £5,000)

Application Methods

MethodDetails
Onlinegov.uk/applying-for-probate
PaperDownload and post forms
SolicitorCan submit on your behalf

IHT Forms

FormWhen Needed
IHT205Excepted estate, no IHT due
IHT400Full IHT return
IHT421Probate summary
IHT217Claiming spouse exemption

Timeline

Typical Timescales

StageDuration
Valuation and IHT forms2-8 weeks
Probate application processing8-16 weeks
Collecting assets4-8 weeks
Creditor advertisement2 months
Final tax clearanceVariable
DistributionAfter 6 months from grant

Total Timeline

Estate ComplexityExpected Duration
Simple6-9 months
Moderate9-12 months
Complex12-24+ months

What Causes Delays

IssueDelay Impact
Property saleMonths
IHT investigationMonths
Missing documentsWeeks
DisputesMonths to years
Foreign assetsSignificant

Costs

Official Fees

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

Professional Costs

OptionTypical Cost
DIYJust application fees
Probate-only service£500-£1,500
Full administration1-4% of estate value
Solicitor hourly£200-£400/hour

What Affects Professional Costs

FactorImpact
Estate valueHigher value = higher fees
ComplexityMore work = more cost
Property saleAdditional legal work
Tax complicationsProfessional needed
DisputesSignificantly more expensive

DIY vs Solicitor

DIY Suitable If

FactorDIY 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

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

Middle Ground Options

OptionWhat You Get
Probate-only serviceApplication done for you
Advice retainerPay for guidance as needed
Online servicesDigital guidance
Citizens AdviceFree basic help

Valuing the Estate

Assets to Include

CategoryExamples
PropertyHouse value (gross)
Bank/building societyAll accounts
InvestmentsShares, ISAs, bonds
Personal effectsCar, valuables
Money owed to deceasedLoans made
PensionsSome death benefits

How to Value

AssetValuation Method
PropertyEstate agent estimate
SharesStock price on date of death
Bank accountsBalance on date of death
Personal effectsReasonable estimate
Unusual assetsProfessional valuation

Date of Death

RuleDetails
Value at date of deathNot when you apply
SharesMiddle market quote
PropertyMarket value then
DebtsAmount owed then

After Probate

With the Grant

TaskAction
Send to banksThey release funds
Land RegistryTransfer property
Share registrarsTransfer or sell shares
Collect all assetsInto executor account

Paying Debts

DoIn Order
Pay funeralFirst
Pay probate costsAdministration
Pay secured debtsMortgages
Pay unsecured debtsCredit cards, etc.
Keep reservesFor unknown debts

Distribution

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

Summary: Probate Checklist

Gathering Information

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

IHT Forms

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

Probate Application

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

After Grant

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

Key Resources

ResourceDetails
Gov.uk probategov.uk/applying-for-probate
HMRC bereavement helpline0300 200 3300
Citizens AdviceFree guidance
STEP solicitorsstep.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.

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Sources

  1. GOV.UK — Making a will