The probate process explained in one line: it is the legal route to settling a deceased person's estate in England and Wales, from registering the death and valuing the estate to obtaining a grant of representation and distributing what is left. It follows a fixed sequence, and getting that order right is what keeps it moving.
This guide sets out the six stages, the current forms and fees, and the sequencing rules and liability traps that most step lists leave out. Figures are current as at August 2026 and are subject to change.
What is the probate process, and when is it needed?
Probate is the legal right to deal with someone's property, money and possessions when they die, and the probate process is the sequence of steps to obtain and use that right (gov.uk, wills, probate and inheritance, as at August 2026, subject to change). The document that confirms authority is a grant of representation.
Probate is not always required. Assets held as joint tenants, such as a jointly owned home or a joint bank account, usually pass to the surviving owner automatically by survivorship, and some banks release smaller balances without a grant. Each organisation sets its own threshold, so the personal representative checks with every bank, pension provider and registrar before assuming a grant is or is not needed. Our guide to what probate is and how it works covers this threshold question in more detail.
The six stages of the probate process
The probate process runs as an ordered sequence, and skipping ahead tends to cause delay rather than save time. These are the six stages a personal representative works through in England and Wales, from the first days after death to final distribution.
- Register the death and deal with urgent matters. A death in England and Wales must normally be registered within five days (gov.uk, register a death, as at August 2026, subject to change). Locate the will, secure any property and its insurance, and notify banks and providers so accounts are frozen.
- Identify and value the estate. List everything the person owned (property, accounts, investments, personal items) and everything they owed (mortgage, loans, bills, funeral costs). The estate is valued at the open market value on the date of death. See our guide to valuing land and property for probate.
- Work out and report Inheritance Tax. Most estates pass the nil-rate band and pay nothing, but the position must still be reported. Smaller "excepted" estates report values through the probate application, while larger or more complex estates send a full account on form IHT400 (gov.uk, as at August 2026, subject to change). Any tax is due by the end of the sixth month after death.
- Apply for the grant. Apply online through MyHMCTS or by post using form PA1P where there is a will, or PA1A where there is not (gov.uk, apply for probate, as at August 2026, subject to change). The fee is £526 where the estate is over £5,000, and nothing where it is £5,000 or less; extra copies cost £2 each with the application (gov.uk, probate fees, as at August 2026, subject to change). Send the original will to the registry.
- Collect the assets and settle debts and taxes. Once the grant arrives, use it to close accounts, cash in investments and sell or transfer property. Pay any remaining Inheritance Tax, debts and expenses before beneficiaries. Placing statutory creditor notices at this stage can limit the personal representative's exposure to unknown debts.
- Prepare estate accounts and distribute. Draw up accounts showing what came in and went out, pay legacies, then distribute the residue to the beneficiaries named in the will or, if there is no will, under the intestacy rules. Keep the accounts on file.
Grant of probate or letters of administration: which one applies?
The grant is the document that proves authority to act, and which one you apply for depends on whether there is a valid will and a willing executor. All three are grants of representation, and the process to obtain them is broadly the same, but the name and the form differ.
| Situation | Who applies | Document | Form |
|---|---|---|---|
| Valid will naming an executor who is able and willing to act | The executor | Grant of probate | PA1P |
| Valid will, but no executor is named, able or willing to act | A beneficiary or entitled person (administrator) | Letters of administration with will annexed | PA1P |
| No valid will (intestacy) | The closest living relative (administrator) | Letters of administration | PA1A |
Based on gov.uk, apply for probate, as at August 2026, subject to change. Where there is no will, who inherits is fixed by the intestacy rules, not by the family's wishes.
How long does the probate process take, and what delays it?
A straightforward estate often takes around nine to eighteen months from death to final distribution, and the grant itself usually issues about 8 to 16 weeks after a complete application (gov.uk, applying for probate, as at August 2026, subject to change). Complex estates with property to sell, business assets or a dispute can take longer. The stages below overlap in places.
| Stage | Typical time (as at August 2026) |
|---|---|
| Register the death and urgent matters | First 1 to 2 weeks |
| Identify and value the estate | About 4 to 12 weeks |
| Report Inheritance Tax and pay any due | Tax due by end of the sixth month after death |
| Wait after sending a full IHT400 before applying | 20 working days |
| Probate registry issues the grant | About 8 to 16 weeks from a complete application |
| Collect assets, pay debts, distribute | About 3 to 6 months, often more, after the grant |
The biggest avoidable delay sits between stages three and four. Where a full account is needed, HMRC asks you to allow 20 working days from sending the IHT400 before applying for the grant, so the registry can match your application to HMRC's confirmation (gov.uk, apply for probate, as at August 2026, subject to change). Applying too early can send it to the back of the queue.
What personal representatives most often get wrong
Most step lists show the probate process as a straight line from death to distribution. In practice, delay and personal liability tend to cluster at a handful of predictable points, most of them about timing and sequence rather than paperwork. The four below are where personal representatives most often trip, and each is avoidable with a little patience.
Distributing too soon. A person can bring a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 within six months of the grant. Many personal representatives hold back distribution until that window has passed, because a representative who has already paid everything out may have to make good a successful claim.
Not protecting against unknown debts. Placing statutory notices for creditors under section 27 of the Trustee Act 1925, in The Gazette and a local newspaper, and waiting the two months they allow, can protect the personal representative from being personally liable for debts they did not know about (The Gazette, deceased estates notices, as at August 2026, subject to change).
Applying for the grant before HMRC is ready. As above, the 20 working day wait after a full IHT400 is not optional padding; skipping it commonly causes a stop or a query.
Treating a rough valuation as final. HMRC can revisit figures, and an under-valued house or parcel of land can trigger extra tax, interest and penalties. A dated, evidenced valuation is easier to stand behind.
Because the personal representative can be personally answerable for these, many people take advice before distributing. A valid, up to date will also shortens the process, which is one reason it helps to write a will that names willing executors.