To apply for probate in England and Wales, register the death, value the estate, report it to HMRC where needed, then apply online at gov.uk or by post using form PA1P if there is a will or PA1A if there is not. Since 13 July 2026 the fee is £526 for estates over £5,000, and a grant usually arrives within 12 weeks (gov.uk, applying for probate, as at August 2026, subject to change).
Probate is the legal right to deal with someone's property, money and possessions when they die (gov.uk, as at August 2026). This guide sets out who applies, which grant you need, and the order of the steps. Figures are current as at August 2026 and are subject to change. If you are new to the subject, our overview of what probate is and how it works gives the wider picture.
Do you actually need probate?
You do not always need probate. It is usually required to deal with property, larger bank balances or shareholdings held in the deceased's sole name. Assets held as joint tenants often pass to the surviving owner automatically, and some banks release small balances without a grant, so ask each institution what it needs before you apply (gov.uk, as at August 2026, subject to change).
| Probate is usually needed | Probate is often not needed |
|---|---|
| A property owned in the deceased's sole name, or owned as tenants in common. | A home owned as joint tenants, which passes to the surviving owner by survivorship. |
| Bank or investment accounts in the sole name above the bank's own threshold. | Joint bank accounts, which usually pass to the surviving account holder. |
| Shareholdings and most life policies not written in trust. | Small accounts a bank agrees to release on sight of the death certificate. |
Each provider sets its own threshold for releasing funds without a grant, so the position varies. General guidance only.
Grant of probate or letters of administration?
Which grant you apply for depends on whether there is a valid will. If the will names you as executor, you apply for a grant of probate. If there is no will, or no willing executor, the closest relative applies for letters of administration under the intestacy rules. Both are types of grant of representation, and both are obtained through the same probate service (gov.uk, as at August 2026, subject to change).
| Situation | Document you apply for | Who applies | Form |
|---|---|---|---|
| Valid will naming an executor | Grant of probate | The executor named in the will | PA1P |
| Valid will, but no executor able or willing to act | Letters of administration with will annexed | A main beneficiary of the estate | PA1P |
| No valid will (intestacy) | Letters of administration | The closest living relative, in a set order of priority | PA1A |
The umbrella term for whoever takes on this role is personal representative. Where there is no will, the intestacy rules decide both who can apply and who inherits, which is one reason making a valid will keeps matters simpler for the people left behind.
How to apply for probate, step by step
The application follows a set order: deal with the death and the estate valuation first, settle the position with HMRC, then apply for the grant and pay the fee. Working through the steps in sequence avoids the most common cause of rejected applications, which is applying before HMRC has processed the estate (gov.uk, apply for probate, as at August 2026, subject to change).
- Register the death and order copies. In England and Wales a death must normally be registered within 5 days. Order several certified copies of the death certificate, as banks and other holders will each want to see one (gov.uk, register a death, as at August 2026, subject to change).
- Find the will and confirm the executors. Locate the latest valid will and check who is named as executor. If there is no will, identify the closest relative entitled to apply under the intestacy rules.
- Value the estate. List every asset and debt at the date of death to reach the gross and net figures. Property is valued at open market value on the day of death; our guide to valuing land and property for probate covers this in detail.
- Report the estate to HMRC. Many estates are excepted and report values within the probate application. Where inheritance tax is due, send form IHT400 to HMRC, then wait 20 working days before applying for probate so HMRC can send the unique code the application needs (gov.uk, as at August 2026, subject to change).
- Complete the probate application. Apply online at the government probate service, or by post using form PA1P if there is a will or PA1A if there is not (gov.uk, form PA1, as at August 2026, subject to change).
- Pay the application fee. The fee is £526 for estates over £5,000, and there is no fee if the estate is £5,000 or less. Order extra copies of the grant at £2 each with the application, or £16 each afterwards (gov.uk, fees, as at August 2026, subject to change).
- Send the original will and documents. Post the original will, the death certificate details and any inheritance tax reference to the address the service gives you. Keep copies of everything you send.
- Wait for the grant, then administer the estate. A grant usually arrives within 12 weeks of a complete application. Once it is issued, you can collect assets, settle debts and distribute the estate to the beneficiaries (gov.uk, as at August 2026, subject to change).
How much does probate cost and how long does it take?
The court fee to apply for probate is £526 for estates over £5,000, with no fee below that, as at August 2026. A straightforward grant usually arrives within 12 weeks, though estates that owe inheritance tax take longer because of the wait for HMRC. The figures below are the current published fees and timings (gov.uk, as at August 2026, subject to change).
| Item | Detail (as at August 2026) |
|---|---|
| Application fee, estate over £5,000 | £526, since 13 July 2026 (previously £300) (gov.uk). |
| Application fee, estate £5,000 or less | No fee (gov.uk). |
| Extra copies of the grant | £2 each with the application, £16 each afterwards (gov.uk). |
| HMRC wait if IHT400 is sent | 20 working days before you can apply (gov.uk). |
| Time to receive the grant | Usually within 12 weeks of a complete application (gov.uk). |
Where inheritance tax applies, the estate must report its value within one year of death and pay any tax due by the end of the sixth month after death to avoid interest (gov.uk, as at August 2026, subject to change). The standard nil-rate band is £325,000, with a residence nil-rate band of up to £175,000 where a home passes to direct descendants, and the rate is 40% above the available thresholds; these bands are frozen until 5 April 2031 (gov.uk/inheritance-tax, as at August 2026, subject to change). Our inheritance tax guide explains how the bands fit together.
What people get wrong: avoiding probate delays
Most probate delays come from a handful of avoidable errors rather than the court itself. The biggest is applying too soon after sending form IHT400: HMRC needs 20 working days to issue the unique code, and an application filed before it arrives cannot be matched and stalls (gov.uk, as at August 2026, subject to change). Building that wait into your plan removes the single most common cause of a rejected application.
Two further traps are worth naming. Sending a will that has been stapled, pinned or clipped can trigger a query, because the court checks whether anything was once attached, so leave the original will exactly as it is. And names that do not match across the will, the death certificate and the application can hold things up, so use the deceased's full legal name consistently.
Finally, an application signed before the estate has been valued properly may under-report or over-report the total, which can mean amending the figures with HMRC later. Taking the valuation seriously first, as covered in our guide to valuing property for probate, tends to save time overall. Many personal representatives also choose to take advice where an estate is large, taxable or contested.