Probate Process in the UK: A Complete Step-by-Step Guide (2026)

Step 1 — Register the Death and Obtain Death Certificates

You must register the death within five days in England and Wales (eight days in Scotland). Registration is done at the local register office. You will receive a death certificate — order multiple certified copies at this stage, as banks, HMRC, and the Probate Registry will each require one. Copies cost £11 each; it is advisable to order at least eight to twelve.

Step 2 — Locate the Will and Identify Assets and Debts

Locate the original will, which may be held at home, with a solicitor, or registered with the National Will Register. Once you have the will, begin compiling a full inventory of the estate:

• Assets: property, bank accounts, savings, investments, pensions, life insurance, vehicles, personal possessions, digital assets (including cryptocurrency).
• Debts: mortgages, loans, credit cards, utility bills, and any other outstanding liabilities.

For digital assets such as cryptocurrency or online investment accounts, check for records of login details or a digital estate plan left by the deceased.

Step 3 — Value the Estate

You must obtain accurate valuations of all assets as at the date of death. For residential property, HMRC may accept an estate agent’s valuation, but a professional RICS surveyor’s report is recommended — particularly for higher-value properties or where HMRC may scrutinise the figure. For investments and shares, use the closing price on the date of death.

The inheritance tax threshold (nil-rate band) for 2026 is £325,000. If the estate includes a residential property passing to direct descendants, an additional residence nil-rate band of up to £175,000 may apply.

Step 4 — Complete Inheritance Tax Forms

Before applying for probate, you must report the estate’s value to HMRC and, if applicable, pay any inheritance tax due.

• IHT205 (now replaced by IHT400 for most estates): Used to report estates that do not exceed the inheritance tax threshold. In 2026, most straightforward estates use the simplified online reporting process.
• IHT400: Required for estates above the nil-rate band or with complex assets. This form must be submitted to HMRC before the probate application can be processed.

Inheritance tax (charged at 40% on the value above the threshold) must generally be paid within six months of death, before the Grant of Probate is issued. This can create a cash-flow challenge, as funds are frozen until probate is granted — your solicitor can advise on options including using the deceased’s bank accounts directly or estate loans.

Step 5 — Apply for the Grant of Probate

Once the estate has been valued and inheritance tax dealt with, you can submit the probate application to HMCTS (His Majesty’s Courts and Tribunals Service). You will need:

• The original will (sent by post even if applying online).
• The original death certificate (or a certified copy).
• The completed PA1P form (with a will) or PA1A form (without a will).
• The IHT reference number or confirmation that the estate qualifies as an excepted estate.
• The £300 court fee (waived for estates under £5,000).

You can apply online at gov.uk/applying-for-probate or by post. Online applications are processed significantly faster and are recommended for straightforward estates.

Step 6 — Wait for the Grant of Probate

Once submitted, the Probate Registry will process your application. Current processing times in 2026 are:

• Online applications: approximately 4–8 weeks.
• Postal applications: approximately 8–16 weeks.

You may be asked to attend an interview or provide additional documents. Applications are frequently returned for errors — incomplete forms, missing documents, or unsigned declarations are the most common causes of delay. Order additional sealed copies of the Grant at £1.50 each, as banks and the Land Registry will each require a copy.

Step 7 — Collect Assets and Pay Debts

With the Grant of Probate in hand, you now have legal authority to administer the estate. Send certified copies of the Grant to:

• Banks and building societies — to close accounts and transfer funds to the estate account.
• The Land Registry — to transfer or prepare property for sale.
• Investment managers and registrars — to transfer or sell shares.
• Insurance providers — to claim life insurance payouts and cancel other policies.

All debts — including mortgages, credit cards, and outstanding bills — must be settled before any distribution to beneficiaries. Keep detailed records of every transaction, as executors can be held personally liable for errors.

Step 8 — Place a Notice in The London Gazette

This step is not legally required but is strongly recommended. Placing a creditor notice in The London Gazette (and, ideally, a local newspaper) gives unknown creditors two months to come forward. Once that period has passed, you are protected against claims from creditors you were unaware of. The cost is approximately £80.

Step 9 — Distribute the Estate

Once all debts and taxes have been paid and the creditor notice period has elapsed, you can distribute the remaining estate to the beneficiaries named in the will (or, if there is no will, according to the Rules of Intestacy). Prepare a final estate account showing all assets received, debts paid, and distributions made. Provide this account to the beneficiaries for their records.