What is probate?

What is probate?

If you’re named as an executor in a loved one’s will, you’ll be responsible for sorting out their affairs and sharing out their assets. This process is known as estate administration.

This generally involves:

• notifying providers of the death
• valuing the estate
• applying for a grant of probate or confirmation
• distributing assets in accordance with the will

Before you're able to deal with the deceased person's assets - such as their bank accounts - you'll need to obtain legal authority to act. In England, Wales and Northern Ireland this is called a grant of probate; in Scotland, it’s a grant of confirmation.

There are specific rules that set out how you carry out this process. In this guide we explain the steps you need to take if you’re named as an executor in someone’s will and how to apply for grant of probate.

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Do you need grant of probate?

In most cases, you'll need to obtain a grant of probate to deal with the assets of someone's estate.

You may not need a grant of probate if the person who died:

• only had savings assets 
• owned assets or money with others – this automatically passes to the surviving owners unless they’ve agreed otherwise
• owned land or property as joint tenants with others – this automatically passes to the surviving owners

There is no official threshold at which banks require grant of probate and some banks will pay out a certain amount without it. If you think that probate may not be necessary, you should speak to all the financial institutions that the deceased held an account with.

How long does it take to get grant of probate?

In England and Wales, most probate applications to the Probate Registry are processed within eight weeks, although it can take longer if you need to submit more information or there’s a problem with your application.

Generally, online applications are quicker than paper applications: as of May 2025, online applications were processed in 4.9 weeks, compared to 13.7 weeks for paper applications, according to figures published by HM Courts and Tribunal Service.

It’s worth noting that the whole process of estate administration can take much longer, depending on how complex the estate is. 

We surveyed 807 executors in April 2025, and around four in ten told us it took more than three months to settle the deceased’s finances once probate was granted. 

How much does probate cost?

Here’s how much it costs to apply for probate in England and Wales and Northern Ireland. See the section on confirmation for fees in Scotland.

If you can't afford the fees, you may be able to get help from the government. There are different schemes in England and Wales, Northern Ireland and Scotland.

Should you do probate yourself?

The obvious reason to go it alone is to save money, as using a probate solicitor can cost thousands of pounds.

However, while DIY probate can considerably reduce costs, it leaves you with a lot of paperwork and responsibility. 

As the executor, you can't cut any corners and are legally responsible for meeting all legitimate claims (including tax). 

If you fail to act correctly, you could be sued by one or more of the beneficiaries. And if incorrect information is reported to HMRC, as executor you could be personally liable for a fine of up to 100% of the tax due.

If you choose the DIY probate route, our experienced legal team is here to support you with clear, affordable guidance every step of the way. 

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Using a solicitor

It's worth considering using a probate solicitor if you're dealing with a complex estate. This includes cases where:

• the will may be disputed, or there are questions about its validity
• a dependant was deliberately left out of the will, but may want to make a claim
• there are complex arrangements, such as assets held in trust, or requests to create a trust
• the estate is bankrupt, or insolvent (in other words, their debts are worth more than their assets)
• the deceased lived outside the UK, or passed away outside the UK
• the estate includes foreign property or assets

If you enlist a solicitor, they’ll generally manage the whole process, from applying for probate to distributing the assets. Fees start from around £5,000 for a basic estate, but it can cost much more depending on how complex the case is.

Most will charge by the hour, based on the work involved and who carries it out, but some may base their charge on a percentage of the estate. The overall cost will depend on the complexity of the estate and the evaluation of the will. 

Solicitors often list their fees on their websites, and they should give an accurate estimate of the cost before they begin the job. If the cost changes, they should provide you with another quote.

When solicitors charge by the hour, it's important you provide as much information as possible about the estate at an early stage. Some will agree to a division of labour, which may reduce costs. Where a solicitor's costs seem excessive, it is possible to get them checked by the court.

How to administer an estate yourself

1. Register the death

First, you'll need to register the person's death. This needs to be done within five days in England, Wales and Northern Ireland, and eight days in Scotland.

It's a good idea to buy extra copies of the death certificate at this stage. Additional copies cost £12.50 in England and Wales, £8 in Northern Ireland and £10 in Scotland.

2. Notify providers

Once you’ve received the death certificate, you’ll need to notify providers of the death and request a final statement for any accounts they hold - you’ll need these to value the estate.

You’ll need to go through the person’s documents to find records of any accounts, assets and liabilities they hold. Generally, you’ll need to contact the following institutions:

• banks, in relation to cash assets and accounts
• lenders, including for mortgages, credit cards and any loans
• fund managers or stockbrokers
• pension providers
• the local government in relation to outstanding council tax
• the Department for Work and Pensions
• HMRC in relation to outstanding tax
• utility providers

Once you inform banks of a bereavement, they will normally freeze all accounts until you receive probate, although some may release money for funeral expenses or inheritance tax.

If you’re unsure of exactly what the bereaved held, you can carry out a financial asset search, which might reveal assets you were unaware of. Prices start from around £150 for a combined asset and liability search. 

3. Place a notice in the Gazette

You should consider placing a deceased estate notice in The Gazette, the UK’s official public record, asking any unidentified creditors to come forward. If you don't, you may be held personally liable for any of the estate's unidentified debts.

All notices are published online, and there are three hard copy editions of the Gazette, based in London, Edinburgh and Belfast. It costs £92.20, plus VAT, and there is an option to create a PO box, so your personal address isn't made public. 

It’s worth placing a notice sooner rather than later, as you need to allow two months and one day to allow potential creditors to come forward.

You can also advertise in the local newspaper. The Legal & Public Notice Advertising Agency allows you to place an advert in the Gazette and your local paper with one application.

4. Value the estate

You’ll need to value the estate to find out if inheritance tax is due before you can apply for probate.

Financial institutions will provide you with an exact figure of any money held in accounts, and you can value property and possessions yourself by looking at how much comparable items sell for online. 

You’ll also need to work out the value of any cash gifts the person made in the last seven years: any gifts made in the seven years prior to the death will count towards the value of the estate if they exceed the annual £3,000 tax-free gift allowance.

If inheritance tax is likely to be due, you may want to consider getting a written evaluation for valuable assets like property, artwork or a wine collection. 

HMRC expects you to report the open market value for all assets and may challenge your estimates if they seem too low. You can also become liable for capital gains tax if you value assets below market price.

You can claim back any overpaid inheritance tax if you end up selling assets at a lower price than the valuation. If you end up selling an asset for much more than expected, you may need to pay the additional inheritance tax.

5. Pay inheritance tax

You can use the government’s inheritance tax tool to find out whether you’re likely to owe inheritance tax.

Generally, if the estate is valued at over £325,000 you’ll need to report it to HMRC by completing form IHT400 and inheritance tax (IHT) will be due.

However in some cases the tax threshold may be higher.

If the deceased was the surviving spouse or civil partner of someone who died earlier, it is possible to apply for any unused IHT allowance from their partner to be added to their own. For some estates, this can boost the inheritance tax allowance to £650,000.

If the estate includes a property which is being left to a direct descendant, you may be able to claim an additional £175,000 worth of IHT allowance. This is known as the ‘residence nil rate band’ and you’ll need to submit form IHT435 in order to claim it.

You must pay inheritance tax by the end of the sixth month after the person died to avoid paying interest. For example, if the person died in January, you must pay by 31 July.

You’ll normally have to start paying inheritance tax before you’re granted probate. If there is enough money in one of the deceased's bank accounts, it should be possible to arrange a direct payment to HMRC using an IHT423 form.

You can pay in yearly instalments on certain things that may take time to sell, such as a house.

You’ll need to get an inheritance tax reference number from HM Revenue and Customs (HMRC) at least 3 weeks before paying any tax.

HMRC will send you a unique code confirming you’ve paid enough tax. You’ll usually get this within 20 working days of them receiving your IHT400 form or inheritance tax payment, whichever is later.

You’ll need this code to apply for probate in England and Wales or confirmation in Scotland.

6. Apply for grant of probate and pay fees

Once you’ve valued the estate and submitted any necessary inheritance tax forms, you can apply for probate.

In England and Wales you can apply online or via post using form PA1P.  

In Northern Ireland, you can apply online or via post using form NIPF1

It’s worth ordering multiple copies of the grant of probate (at least five), as you’ll need them to administer the estate. 

7. Gather assets

Once probate has been granted, most providers will release funds immediately.

You need to send them a certified copy of the grant of probate and provide details of where to send the money.

You should use a dedicated bank account to gather all the assets in one place – this allows you to keep them separate from your own finances and will make it easier to keep records of payments in and out of the estate

Some banks offer executor accounts for this purpose or you can open a standard bank account.

8. Prepare final accounts and distribute assets

The next task is to prepare a set of final accounts, and ask the beneficiaries to approve and sign them before distributing the funds. This helps avoid any potential disputes once assets have been shared out.

The estate accounts should include an account of the estate as at the date of death, together with details of all money received and paid out and any income received by the estate. 

Once the accounts are approved, you can make payments to each of the beneficiaries and creditors. You’ll also need to report untaxed income earned during the administration period and any capital gains tax that might be due to HMRC. 

As an executor, you need to be sure that you don’t pay money to anyone who is subject to an insolvency order. Bankruptcy searchers can be carried out via the Land Registry and cost £6-£7 per name, depending on how you apply.

You need to keep the estate accounts and the supporting paper work in a safe place: claims can be made against the estate within 12 years and HMRC can ask to see your records up to 20 years after inheritance tax is paid.

Your essential probate checklist

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Confirmation in Scotland

Different laws apply in Scotland, and you’ll need to apply for a grant of confirmation rather than grant of probate.

You don’t need confirmation if everything was jointly owned and is being passed to a surviving spouse or civil partner. 

You may not need it if the value of the estate is small, but it’s worth checking with financial providers as each has their own threshold for when confirmation is required.

Applying for confirmation

To apply for confirmation, you must provide an ‘inventory’ of the deceased’s property, including money, houses, land and shares.

You’ll need to fill out form C1, and return it to the Sheriff Court in the district where the deceased lived. This form is used to apply for confirmation and assess inheritance tax. If inheritance tax is due, you'll also need to complete IHT400.

The process works slightly differently depending on whether the deceased left a ‘small’ or ‘large’ estate.

Small estates

Small estates are those where the total value of assets and property is £36,000, before any debts have been deducted.

If the deceased left a small estate, you can ask their local sheriff clerk to help you apply for confirmation. This includes preparing the inventory.

Contact the deceased’s local sheriff court to arrange an appointment.

Large estates

If the value of the estate is over £36,000 before any debts are deducted, you can’t receive assistance from the sheriff’s court.

In this case you can apply for confirmation yourself, or use a solicitor.

You can use the Law Society of Scotland’s Find a Solicitor tool to find solicitors that practice in your area.

Confirmation fees

Here's how much it costs to apply for confirmation in Scotland.

Problems with estate administration

Unfortunately, some executors encounter problems during the estate administration process: a 2025 Which? Money investigation found evidence of delays, poor communication and lost documents and one in five told us they were unsatisfied with their providers’ skill and knowledge.

It’s important to understand your rights and know how to get help if you encounter any issues.

Contested probate

If your probate application is challenged, it could prevent or delay you from being granted probate.

Challenging a probate application is usually done by ‘entering a caveat’. Anyone can enter a caveat and it may happen if there’s a dispute about who can apply for probate, the legitimacy of a will or whether a will exists. 

If a caveat is placed on the estate, you can try to reach an agreement with the person who lodged it. Otherwise, you may have to engage in legal action.

Probate delays

Delays are one of the most common issues executors face when applying for probate.

Your application may be held up if documents or information is missing, so it’s important to gather all the necessary information in advance and check your application carefully before you submit it.

If you applied for probate in England or Wales and your application is over 12 weeks old, you can email the dedicated escalation team directly on NSfamilyBMT@justice.gov.uk.

Issues with providers or solicitors

If you experience an issue when dealing with a bank or provider, or are unhappy with the service provided by a solicitor, it’s important to speak to your provider in the first instance, as they may be able to put things right. 

If necessary you can submit a formal complaint. If you’re not happy with the response, you can escalate your case to the Financial Ombudsman Service or Legal Ombudsman.