Complete UK Probate Guide 2025: Step-by-Step Process
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When someone dies, their estate doesn't automatically transfer to their beneficiaries. If they owned property or had significant assets, you'll need to go through probate – the legal process of administering their estate.
Probate can feel overwhelming, especially whilst grieving. This complete guide walks you through every step of the UK probate process in 2025, from the first week after death to final distribution of the estate.
Whether you've been named as an executor in a will or need to apply as an administrator (when there's no will), this guide covers everything you need to know.
In This Complete Guide:
- →What probate is and when you need it
- →Who can apply for probate
- →Complete step-by-step probate process
- →Realistic timeline expectations
- →Full cost breakdown (DIY vs solicitor)
- →Inheritance tax (IHT) guide
- →Common problems and how to solve them
- →What to do if there's no will (intestacy)
- →Executor duties and responsibilities
- →How to protect yourself from liability
What is Probate?
Probate is the legal right to deal with someone's property, money, and possessions (their 'estate') when they die.
When you apply for probate, you're asking the Probate Registry to confirm that:
- •The will is valid (if there is one)
- •You have the legal right to administer the estate
- •The estate valuation is correct for tax purposes
Once granted, you receive a "grant of probate" (if there's a will) or "letters of administration" (if there's no will).
This legal document gives you the authority to access bank accounts, sell property, close accounts, and distribute the estate according to the will or intestacy rules.
When Do You Need Probate?
Whether you need probate depends on what the deceased owned and how much it was worth.
✓ You ALWAYS Need Probate If:
- ✓The deceased owned property or land in their sole name or as 'tenants in common'
- ✓Assets are above the probate threshold (each bank/institution has its own limit, typically £5,000-£50,000)
- ✓Shares were held in the deceased's sole name (not in a joint account or ISA)
✗ You DON'T Need Probate If:
- ✗Assets are below each institution's threshold (e.g., £10,000 in one bank, £15,000 in another - check with each)
- ✗All assets were jointly owned and pass automatically to the surviving owner (joint tenants)
- ✗Assets had nominated beneficiaries (some life insurance, pensions)
Not sure if you need probate? Read our detailed decision guide
Who Can Apply for Probate?
If There IS a Will (Executors)
The will names one or more executors – these are the people with legal authority to apply for probate.
If you're named as executor, you have the right to apply, but you're not legally required to do so. If you don't want to act, you can:
- Renounce (permanently give up the role)
- Reserve power (step aside for now but retain the right to apply later)
- Appoint an attorney (if you're unwell or abroad)
If There IS NO Will (Administrators)
When there's no will (intestacy), you apply for "letters of administration" instead of probate. There's a priority order for who can apply:
- Spouse or civil partner (highest priority)
- Children (or their descendants if deceased)
- Parents
- Siblings (or their descendants)
- Half-siblings
- Grandparents
- Aunts/uncles
Eligibility Requirements
To apply for probate/administration you must:
- ✓ Be over 18 years old
- ✓ Have mental capacity to manage the estate
- ✓ Not be bankrupt (if applying as administrator without a will)
The Complete Probate Process: 10 Steps
Here's the full probate process from death to final distribution. Each step includes what to do, who to contact, and what documents you need.
Register the Death
Timeline: Within 5 days
Register the death at the local register office. You'll need:
- Medical certificate of cause of death
- Deceased's NHS medical card (if available)
- Deceased's birth/marriage certificate (helpful but not essential)
You'll receive:
- Death certificate (order multiple copies – you'll need them for banks, insurance, probate application)
- Certificate for burial or cremation (green form)
💡 Pro Tip:
Order at least 3-5 certified death certificates (£11 each). Many institutions require an original, and certified copies ordered later are more expensive.
Find the Will and Identify Executors
Timeline: Week 1-2
Where to look for the will:
- At the deceased's home (desk, filing cabinet, safe)
- With their solicitor
- At their bank (safe deposit box)
- National Will Register (£40 search: nationalwillregister.co.uk)
- Certainty service (free register for wills made since 2016)
⚠️ Important:
You MUST submit the original will to the probate registry, not a copy. If the original is lost, the process becomes significantly more complex.
If there's no will: You'll apply for "letters of administration" instead of probate. The estate is distributed according to intestacy rules, not the deceased's wishes.
Value the Estate
Timeline: 2-6 weeks
Create a complete inventory of everything the deceased owned and owed. You need the value at date of death, not current value.
Assets to value:
- Property – get 3 estate agent valuations or a professional RICS valuation (£100-£300)
- Bank accounts – contact each bank for balance at date of death
- Investments – stocks, shares, ISAs, bonds
- Pensions – contact pension providers (some pass outside the estate)
- Life insurance – if written in trust, passes outside estate
- Personal possessions – furniture, jewelry, car, collectibles
- Business interests – company shares, business assets
- Debts owed TO the deceased (money they were owed)
Debts to deduct:
- Mortgage and secured loans
- Credit cards and personal loans
- Utility bills outstanding
- Funeral costs (can be deducted before IHT calculation)
💡 Valuation Tips:
- • Use professional valuers for significant items (reduces HMRC challenge risk)
- • Be realistic with valuations – undervaluing can lead to penalties
- • Keep all valuation evidence (estate agent letters, bank statements)
Complete Inheritance Tax (IHT) Forms
Timeline: 1-2 weeks
Even if no inheritance tax is due, you must complete HMRC forms to prove the estate value.
Which form do you need?
IHT205 (No Tax Due – Excepted Estate)
Use if:
- Estate is under £325,000 (nil-rate band)
- OR everything passes to spouse (£500,000 with residence nil-rate band)
- No complex assets (business, agricultural property, trusts)
IHT400 (Full IHT Return – Tax Due)
Use if:
- Estate is over the IHT threshold (after exemptions)
- Estate is over £3 million (even if no tax due)
- Deceased made gifts over £250,000 in last 7 years
- Complex assets involved
Current IHT thresholds (2025/26):
- Nil-rate band: £325,000 (no tax on first £325,000)
- Residence nil-rate band: £175,000 extra (if home passes to direct descendants)
- Transferable allowances: Unused spouse allowance can be transferred (potentially up to £1 million for a couple)
- Tax rate: 40% on amount above threshold
⚠️ Critical:
If IHT is due, you must pay at least some tax BEFORE applying for probate. This creates a catch-22: you need the grant to access funds to pay tax, but you need to pay tax to get the grant. Solutions: estate funds you can access, selling assets that don't need probate, or Direct Payment Scheme (pay from deceased's account directly to HMRC).
Need detailed IHT guidance? Read our complete IHT guide
Apply for Grant of Probate
Timeline: 4-8 weeks processing time
Now you're ready to apply to the Probate Registry for the grant of probate.
Application options:
- Online: apply.probate.service.gov.uk (faster, easier for straightforward estates)
- By post: download PA1P form (use if estate is complex or you prefer paper)
Documents you need:
- Original will and any codicils (amendments)
- Death certificate (certified copy)
- Completed PA1P form (probate application)
- IHT forms (IHT205 or IHT400 with payment proof)
- Payment: £273 fee for estates over £5,000 (estates under £5,000 are free)
What Happens Next:
- Probate Registry reviews your application (2-3 weeks for initial review)
- They may request clarifications or additional documents
- You receive an "oath" to sign (statement of truth)
- Grant of probate is issued (official sealed document) – sent by post
- Order extra certified copies (£1.50 each) – you'll need them for banks, Land Registry
💡 Speed Tip:
Online applications are typically processed faster (4-6 weeks) than postal applications (6-8 weeks). However, complex estates or those requiring additional documentation may take longer regardless of method.
Collect and Secure Estate Assets
Timeline: 2-4 months (depends on complexity)
With the grant of probate in hand, you now have legal authority to collect all the estate's assets.
Actions to take:
- Banks and building societies: Send certified copy of grant, close accounts, transfer funds to estate account
- Property: Decide whether to sell or transfer to beneficiaries (consider market conditions, beneficiary needs)
- Investments: Contact registrars, transfer or sell shares/bonds
- Insurance: Claim life insurance payouts, cancel other policies
- Pensions: Contact pension providers for death benefits
- Personal possessions: Secure, value, prepare for distribution or sale
⚙️ Set Up an Estate Account:
Open a dedicated "executor account" or "estate account" at a bank. Keep ALL estate money separate from your personal finances. This protects you and makes accounting much easier.
If selling property:
- Instruct estate agents (get multiple valuations)
- Instruct solicitor/conveyancer for the sale (or do it yourself if confident)
- Consider beneficiaries' wishes if they want to buy it
- Be aware: property sales can add 3-6 months to the probate process
Pay Debts, Taxes, and Expenses
Timeline: 1-2 months
Before distributing anything to beneficiaries, you MUST pay all debts and taxes. If you don't, you're personally liable.
Priority order for payments:
- Secured debts (mortgage, secured loans)
- Funeral expenses and probate costs
- Unsecured priority debts (wages owed to employees, taxes)
- Remaining inheritance tax (if not paid before grant)
- Unsecured debts (credit cards, personal loans, utility bills)
Executor expenses you can claim:
- Probate application fee (£273) and extra copies (£1.50 each)
- Death certificate copies (£11 each)
- Professional valuations (property, antiques)
- Postage, travel, printing costs
- Solicitor fees (if you instructed professionals for specific tasks)
- Estate agent fees (if selling property)
⚠️ Unknown Creditors:
Protect yourself from unknown creditors by placing statutory notices in:
- The Gazette (official public record – required)
- Local newspaper (where deceased lived)
Wait 2 months after publication before distributing. This gives creditors time to come forward. If you distribute before this, you're personally liable if creditors appear later.
What if the estate is insolvent?
If debts exceed assets, the estate is insolvent. DON'T pay anything yet. Seek professional advice immediately – there are strict legal rules about which creditors get paid in which order. You could be personally liable if you get it wrong.
Prepare Estate Accounts
Timeline: 1-2 weeks
Estate accounts show exactly what you've done with the estate's money. They're essential for transparency and protecting yourself from disputes.
Your estate accounts should show:
- Opening position: All assets at date of death (with values)
- Income received: Interest, rent, dividends after death
- Assets sold: Property, shares, possessions (sale prices)
- Payments made: Debts, taxes, funeral costs, executor expenses
- Closing position: What remains for distribution
💡 Record Keeping:
Keep EVERY receipt, statement, and piece of correspondence. Beneficiaries have the right to see estate accounts, and detailed records protect you if anyone questions your decisions. Store records for at least 12 years.
Get beneficiary approval:
Share draft accounts with beneficiaries before final distribution. Get them to sign off that they're satisfied. This provides valuable protection against future disputes.
Distribute the Estate to Beneficiaries
Timeline: 1-2 months
Only distribute the estate AFTER you've completed steps 1-8. Distributing too early makes you personally liable if issues arise.
Before distributing, confirm:
- ✓ Grant of probate obtained
- ✓ All assets collected and sold (if necessary)
- ✓ All debts, taxes, and expenses paid
- ✓ Statutory notice period expired (2 months from Gazette publication)
- ✓ Estate accounts prepared and approved by beneficiaries
- ✓ No known disputes or claims
Distribution methods:
- Cash legacies: Transfer specific amounts named in will first
- Specific items: Hand over items left to named beneficiaries
- Residuary estate: Distribute remainder according to will percentages or intestacy rules
- Property: Transfer title deeds to beneficiaries or sale proceeds
📝 Get Receipts:
Ask each beneficiary to sign a receipt confirming what they've received. This protects you if they later claim they received less than their entitlement.
What if a beneficiary can't be found?
If you can't trace a beneficiary after reasonable efforts (genealogist searches, public notices), you can either:
- Apply to court for permission to distribute without them
- Take out "missing beneficiary insurance"
- Retain their share until found (up to 12 years)
Finalize the Estate
Timeline: Final week
Final tasks:
- Prepare final estate accounts showing complete asset and payment trail
- Get formal discharge from beneficiaries (signed statement releasing you from executor duties)
- Close the estate bank account
- File final tax return if estate generated income during administration
- Archive all estate paperwork (keep for minimum 12 years – the limitation period for claims)
🎉 You're Done!
Once you've completed these steps and received formal discharge from beneficiaries, your duties as executor are finished. Well done – probate is complex and you've successfully navigated it.
Realistic Probate Timeline
How long does probate actually take? Here's a realistic timeline for straightforward and complex estates.
Straightforward Estate
(No IHT, one property, simple assets, cooperative beneficiaries)
- Weeks 1-2: Register death, find will, identify executors
- Weeks 2-6: Value estate, complete IHT205
- Weeks 6-7: Apply for probate
- Weeks 7-15: Wait for grant (4-8 weeks processing)
- Weeks 15-24: Collect assets, pay debts, prepare accounts
- Weeks 24-28: Distribute to beneficiaries
Total: 6-7 months
Complex Estate
(IHT due, property to sell, business assets, or disputes)
- Weeks 1-2: Register death, find will
- Weeks 2-10: Value complex estate (business, overseas assets)
- Weeks 10-14: Complete IHT400, pay initial tax
- Weeks 14-15: Apply for probate
- Weeks 15-23: Wait for grant (6-8 weeks for complex)
- Weeks 23-52: Sell property, collect assets, pay debts
- Weeks 52-60: Resolve disputes, distribute
Total: 12-18 months
What Affects Timeline:
- • Inheritance tax due (adds 4-8 weeks)
- • Property sales (adds 3-6 months)
- • Business assets (adds 2-4 months)
- • Overseas assets (adds 3-6 months)
- • Disputes or claims (adds 6-12+ months)
- • Missing beneficiaries (adds 3-6 months)
- • Complex IHT calculations (adds 4-8 weeks)
- • Probate registry delays (currently 6-12 weeks)
Complete Probate Costs 2025
Probate costs vary dramatically depending on whether you do it yourself or use a solicitor.
DIY Probate Costs
| Probate application fee | £273 |
| Death certificates (3-5) | £33-£55 |
| Extra probate copies | £10-£30 |
| Property valuation | £0-£300 |
| Item valuations | £0-£500 |
| Gazette notices | £200-£300 |
| Postage, printing | £50-£150 |
| Typical Total | £566-£1,608 |
Plus your time: 20-40 hours over 6-9 months
Solicitor Probate Costs
Simple Estate (under £100k)
£1,500-£3,000 fixed fee + disbursements
Standard Estate (£100k-£500k)
£3,000-£5,000 fixed fee or 1-2% of estate
Complex Estate (over £500k or IHT)
£5,000-£10,000+ or 2-5% of estate value
Disbursements (additional):
- • Probate fee: £273
- • Death certificates: £33-£55
- • Valuations: £100-£800
- • Gazette notices: £200-£300
- • Land Registry fees: £40-£150
Your time: 5-10 hours providing information
Cost Comparison Example:
Estate value: £350,000 (family home + savings, no IHT due)
- DIY: £766 costs + 30 hours your time = ~£766 total
- Solicitor: £4,000 fee (1.1%) + £566 disbursements = ~£4,566 total
- Saving by DIY: £3,800
Detailed cost comparison and decision guide: DIY Probate vs Solicitor Costs
Common Probate Problems (And How to Fix Them)
Problem 1: Can't Find the Original Will
Why it matters: The Probate Registry requires the original will, not a copy. Without it, they may assume the deceased destroyed it (revoking it).
Solutions:
- Check with solicitors, banks, National Will Register, Certainty
- If you have a copy, you can apply to court to accept it (complex and expensive)
- Provide evidence the will wasn't destroyed intentionally (witness statements)
- If definitely lost, the estate may be distributed under intestacy rules
Problem 2: Can't Pay IHT Before Getting Probate
The catch-22: You need the grant to access funds, but you need to pay some IHT before getting the grant.
Solutions:
- Direct Payment Scheme: Pay from the deceased's account directly to HMRC (ask bank for form IHT423)
- Sell assets that don't need probate: Joint accounts, National Savings
- Executor loan: Pay from your own funds and reclaim from estate (keep receipts!)
- Instalment option: Pay IHT on property in 10 annual instalments (interest charged)
Problem 3: Beneficiaries Dispute the Will
Common disputes: Claims the deceased lacked mental capacity, was unduly influenced, or the will wasn't properly witnessed.
Solutions:
- Pause probate application: Don't proceed until dispute is resolved
- Mediation: Try to resolve without court (faster and cheaper)
- Caveat: Disputing party can lodge a caveat (blocks probate for 6 months)
- Legal advice essential: Will disputes are complex – get specialist help
- Executor insurance: Consider taking out insurance against litigation costs
Problem 4: Property Needs Major Repairs Before Sale
The issue: Estate property needs expensive repairs but there's no cash in the estate to pay for them.
Solutions:
- Sell as-is: Sell to cash buyer or investor at reduced price
- Executor loan: Loan money to the estate for repairs (get beneficiary consent)
- Essential repairs only: Make property safe and weatherproof, not full renovation
- Beneficiaries buy: Offer property to beneficiaries at market value (independent valuation required)
Problem 5: Probate Application Rejected or Delayed
Common reasons: Missing documents, errors on forms, incorrect valuations, or unclear will clauses.
Solutions:
- Respond promptly: Answer all Probate Registry queries within their deadline
- Provide evidence: Submit supporting documents for valuations, relationships
- Correct errors: If you made mistakes, correct and resubmit (may need to pay again)
- Will interpretation: If will clause is unclear, may need court to interpret
- Get help: If repeatedly rejected, consult a probate solicitor
Problem 6: Can't Trace a Beneficiary
The issue: Will names someone you can't locate, or intestacy rules mean distant relatives inherit but you can't find them.
Solutions:
- Reasonable searches: Electoral roll, social media, genealogist
- Public notices: Advertise in Gazette, local papers where last known to live
- Missing beneficiary insurance: Insurance that protects you if they appear later
- Court application: Apply for permission to distribute without them
- Hold back their share: Retain their portion safely for up to 12 years
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Related Probate Guides
Do You Need Probate? Complete Guide
Find out if probate is required for your estate with our decision guide and free checker tool.
DIY Probate vs Solicitor Costs
Complete cost comparison and decision framework to help you choose the right approach.
Inheritance Tax UK 2025/26 Guide
Everything you need to know about IHT thresholds, exemptions, and how to calculate what's owed.
How to Write a Will UK 2025
Complete guide to writing a legally valid will to make probate easier for your executors.
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