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Probate

Probate in the UK: The complete guide for 2025

If someone close to you has died, you may need probate to deal with their money, property, and possessions. This guide explains what probate is, when you need it, who can apply, how to apply, costs, tax, timings, differences across the UK, common problems, and what to do after you receive the grant.

What is probate?

Probate is the legal process for dealing with someone’s estate after they die. The estate is everything they owned, minus what they owed. Probate gives a person the authority to collect money, sell or transfer property, pay debts and tax, and pass what remains to the people who inherit.

In England and Wales, the court issues a grant of representation. There are two main types:

  • Grant of probate if there is a valid will and an executor can act.
  • Letters of administration if there is no will, or the executor cannot or will not act.

People often call both situations “probate”.

When you do and do not need probate

You usually need probate if:

  • The person owned a home or other property in their sole name.
  • There are bank, building society, or investment accounts in their sole name over the provider’s threshold.
  • They held shares, premium bonds, or other investments in their own name.

You may not need probate if:

  • Everything passes to a spouse or civil partner by joint ownership as joint tenants. This usually transfers to the survivor automatically.
  • The estate is small and providers agree to release funds without a grant. Each bank sets its own limit.
  • Only a small employer or pension death benefit is due and the organisation accepts other proof.

Tip: contact banks, insurers, and registrars early. Ask whether they need to see a grant and keep a record of each provider’s rules.

You can check if a grant has already been issued, and order copies of wills, using the official search for England and Wales: Search probate records.

Who can apply

  • If there is a will: the executor named in the will has priority to apply for probate.
  • If there is no will (intestacy): a close relative applies for letters of administration. The order is set by law, usually spouse or civil partner first, then children, and so on.

More than one person can apply. You can apply together, or one person can apply while others have “power reserved” (they may apply later if needed).

How the process differs across the UK

The steps are similar across the UK, but terms, forms, and offices differ.

  • England and Wales: process is called probate. Apply online or by post through HM Courts & Tribunals Service. Start at Applying for probate.
  • Scotland: process is called Confirmation. Apply to the Sheriff Court. Small estates can use a simpler route. See mygov.scot: Confirmation.
  • Northern Ireland: apply to the Probate Office (NI Courts and Tribunals Service). Guidance and the portal are on nidirect: Apply for probate.

Before you apply: checklist

  1. Register the death and order several certified copies of the death certificate.
  2. Tell government and organisations: use “Tell Us Once” (where available) and inform banks, utilities, pension providers, insurers, and the landlord or mortgage lender.
  3. Find the latest will and any codicils. Keep the originals safe and make copies for reference.
  4. Value the estate: list everything owned (property, savings, investments, vehicles, valuables) and everything owed (mortgage, loans, credit cards, unpaid bills, care fees). Use date-of-death values.
  5. Check the Inheritance Tax position. Many estates pay no IHT, but you still need to check and may need to report to HMRC before applying for the grant.
  6. Decide who will apply and whether to use a solicitor or specialist, especially if the estate is complex.

Valuations: get them in writing. For property, ask at least one local estate agent for a market appraisal. For complex or high-value assets, consider a RICS surveyor or specialist valuer. Keep evidence, as HMRC may ask to see it.

Inheritance Tax (IHT) basics

IHT is a tax on the estate of someone who has died. Allowances and reliefs reduce or remove the tax for many estates. Key points:

  • Nil-rate band (NRB): a tax-free allowance for everyone. Check the current figure on GOV.UK.
  • Residence nil-rate band (RNRB): an extra allowance when a qualifying home is left to direct descendants. Rules and limits apply, and large estates may lose part or all of it.
  • Transferable allowances: unused NRB and RNRB from a late spouse or civil partner can often be transferred.
  • Reliefs: business and agricultural relief can reduce the taxable value of certain assets.
  • Rate of tax: the standard rate applies to the value above available allowances. Check current rates on GOV.UK.

When to pay: if IHT is due, the first instalment is usually payable by the end of the sixth month after the month of death. HMRC allows instalments for some assets (for example, property). You usually need to report IHT before the court issues the grant.

Guidance and forms: GOV.UK: Inheritance Tax.

How to apply (step by step)

England and Wales

  1. Check and report IHT if required. Complete the correct IHT forms. Keep your reference and proof of payment or submission.
  2. Apply for the grant. The fastest route is the online service: Apply for probate.
  3. Apply by post if needed. Use PA1P if there is a will or PA1A if there is no will. Forms: Probate forms.
  4. Send the documents. Post the original will and any codicils (if there is a will). Include the fee and ask for extra sealed copies.
  5. Respond to any queries. HMCTS or HMRC may ask for more information or clearer valuations. Reply promptly.
  6. Receive the grant. You will get a digital record and, if requested, sealed copies. Use these to collect assets and manage the estate.

Scotland (Confirmation)

  1. Value the estate and check any IHT reporting needed.
  2. Complete the forms (usually C1, and C2 in some cases).
  3. Submit to the Sheriff Court with the will (if there is one) and pay the court fee.
  4. Receive the Certificate of Confirmation and use it to collect assets and deal with property.

Guidance: mygov.scot: Confirmation.

Northern Ireland

  1. Check the IHT position and complete any required forms.
  2. Apply to the Probate Office using the portal or as directed on nidirect.
  3. Attend an interview if requested and provide documents.
  4. Receive the grant and use it to administer the estate.

Start here: nidirect: Apply for probate.

Fees and help with fees

There is a court fee to apply when the estate is above a set value. You can also buy extra sealed copies of the grant for a small fee per copy. Many banks and share registrars ask for sealed copies.

Check the current fee: fees change from time to time. See GOV.UK: Probate fees. If you are on a low income or certain benefits, you may be able to get help: Get help with court fees.

How long probate takes

Timescales vary. Digital applications are often processed faster than paper applications once all documents have been received and any IHT steps are complete. The process will take longer if information is missing, the will has issues, or HMRC needs extra checks or valuations.

Allow extra time for property sales, missing paperwork, foreign assets, trusts, business assets, or disputes. Keep beneficiaries informed to manage expectations. A clear timeline with tasks and target dates helps everyone understand progress.

Documents you will need

  • Original will and any codicils (if there is a will).
  • Death certificate(s).
  • Estate valuations (property, savings, investments, vehicles, valuables) as at the date of death.
  • Details of debts and regular bills (mortgage, loans, utilities, care fees).
  • IHT forms and proof of any payments to HMRC (if required).
  • Photo ID and proof of address for the person applying.
  • Marriage or civil partnership certificate if relevant to allowances.

Record-keeping: keep a simple spreadsheet or notebook. Note every letter, call, payment, and receipt. Save copies of bank statements and valuations. Good records make the final estate accounts straightforward.

After you get the grant

  1. Collect assets using sealed copies of the grant. Each bank or provider will confirm their process.
  2. Pay debts and bills, including any further tax due. Check for final utility bills, council tax, and insurance.
  3. Sell or transfer property if needed. Keep buildings insurance in place until completion if a home is empty.
  4. Prepare estate accounts. Show money received, money paid out, and what each beneficiary will receive. Share the accounts with beneficiaries before you distribute funds.
  5. Distribute the estate according to the will or intestacy rules. Use bank transfer where possible and get a receipt from each beneficiary.
  6. Keep records for at least 12 years in case questions arise later.

Estate bank account: once you have the grant, consider opening a dedicated account so you do not mix estate funds with your own.

If there is a problem or dispute

Stopping a grant (caveat) in England and Wales

If you need time to investigate concerns about the will or about who should apply, you can ask the court to stop a grant from being issued by entering a caveat. You can do this online or by post. A caveat lasts for a set period and can be extended. Start at Stop a probate application.

Common reasons for caveats

  • Doubts about the will’s validity, such as capacity, undue influence, or signing errors.
  • Disagreement about who has the best right to apply.
  • Missing or unclear will.

If a caveat blocks your application

You can ask the court to remove it by issuing a formal warning. The person who entered the caveat may respond to keep it in place while the dispute is resolved. Deadlines are strict. Seek legal advice if you are unsure.

Other issues that slow things down

  • Missing information: names, dates, or values that do not match supporting evidence.
  • Property valuations: large gaps between valuation and sale price may trigger IHT queries.
  • Foreign assets: extra notarisation and local law steps.
  • Business or agricultural assets: special reliefs and evidence needed.
  • Claims against the estate: for example, under the Inheritance (Provision for Family and Dependants) Act 1975 in England and Wales.

Frequently asked questions

Is the will public?

In England and Wales, the will becomes public when the grant is issued. You can search and order copies at Search probate records. In Scotland and Northern Ireland, you can obtain copies through local court services.

Do I always need probate to sell a house?

If the property was in the person’s sole name, probate (or Confirmation in Scotland) is usually needed to sell or transfer it. If it was owned jointly as joint tenants with a spouse or civil partner, it often passes to the survivor without probate for that asset.

How can I speed up the application?

  • Apply online where possible.
  • Send the original will, the correct fee, and IHT proof first time.
  • Use clear date-of-death valuations and consistent spellings.
  • Reply quickly to any HMCTS or HMRC queries.

What if there is no will?

Apply for letters of administration. The law sets who inherits under the intestacy rules and who has the right to apply. A spouse or civil partner is usually first in line, followed by children.

Can I apply without a solicitor?

Yes. Many people apply on their own, especially for simple estates. For complex estates—such as those with business assets, large IHT issues, foreign assets, trusts, or disputes—professional help can save time and reduce risk.

How do I find out if probate has been granted?

Use the official search for England and Wales: Search probate records. You can buy copies of the will and grant for a small fee.

When is Inheritance Tax due?

The first instalment is usually due by the end of the sixth month after the month of death. Pay on time to avoid interest. Read the latest guidance at GOV.UK: Inheritance Tax.

How do I contact the probate service?

See contact details and service updates at Applying for probate. For Scotland and Northern Ireland, use the official sites linked below.

Good to know: keep estate funds separate once you receive the grant. Tell insurers if a property is empty and check policy conditions. Share draft estate accounts with beneficiaries before you distribute funds. This guide is general information, not legal or tax advice. Get professional advice if you are unsure.