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How do I apply for probate?

Applying for probate follows a structured process. You can do it yourself or use a solicitor or probate specialist.

1. Register the death and get the death certificate: You need at least one original death certificate to start the probate process. Order extra copies (£11 each) as banks, insurers, and other institutions will each need to see one.
2. Value the estate: List all assets (property, savings, investments, pensions, personal possessions) and liabilities (mortgage, debts, funeral costs). You need accurate values for the probate application and the inheritance tax return. Property should be valued by a qualified surveyor or estate agent.
3. Complete the inheritance tax forms: All estates must report to HMRC, even if no tax is due. Simple estates below the threshold use the short form (IHT205 or the online excepted estates return). Larger or more complex estates require the full IHT400 form. Inheritance tax must be paid before the grant is issued.
4. Apply for the grant of probate: Submit your application online at GOV.UK or by post. You need the original will, death certificate, inheritance tax forms, and the £300 court fee. The application includes a legal statement confirming the information is true.
5. Collect assets and pay debts: Once you have the grant, send certified copies to banks, building societies, and other asset holders. Collect the assets, pay any outstanding debts, and settle the funeral bill. Place statutory notices in The Gazette and a local newspaper to protect yourself against unknown creditors.
6. Distribute the estate: After paying all debts and taxes, distribute the remaining assets to beneficiaries according to the will (or intestacy rules). Keep detailed records of everything for at least 12 years, as beneficiaries or HMRC can raise queries after distribution.

How much does probate cost?

Probate costs fall into two categories: fixed court fees and optional professional fees.

DIY probate is possible for simple estates and costs only the £300 court fee. The GOV.UK website provides step-by-step guidance. Professional help is recommended for estates with property, inheritance tax liabilities, multiple beneficiaries, or potential disputes. Always request a fixed-fee quote rather than a percentage-based fee, as percentage fees can cost thousands more on larger estates.

How long does probate take in the UK?

Probate timelines depend on the complexity of the estate and whether any complications arise.

The most common delays are caused by incomplete inheritance tax forms, property valuations that take longer than expected, disputes between beneficiaries, and HMRC queries about the estate value. Starting the valuation process as early as possible and instructing a probate solicitor for complex estates can help avoid delays.