Probate Guide UK 2025: Complete Step-by-Step Process for Executors

Quick Overview: UK Probate Process 2025

Here's the complete probate process at a glance:

• When needed: Estates over £5k-£50k (bank-dependent), property ownership, sole bank accounts
• Who applies: Executor (if will) or administrator (no will - intestacy)
• Timeline: 3-12 months (average 6-9 months for straightforward estates)
• Cost: £300 probate fee (free under £5k), plus potential IHT, solicitor fees £2k-£10k+
• Process: Value estate → Complete IHT forms → Apply for Grant → Collect assets → Pay debts → Distribute
• Grant received: 8-12 weeks for online applications, 12-16 weeks for paper

What is Probate?

Probate is the legal process that gives executors (or administrators if no will) authority to manage a deceased person's estate. The court reviews the will (if one exists), values the estate, collects inheritance tax if due, and issues a Grant of Probate (or Letters of Administration).

The Grant of Probate is an official court document that proves:

• The will is valid and legally recognized
• You have legal authority to act as executor
• You can access deceased's bank accounts, sell property, distribute assets
• Banks, Land Registry, and other institutions must release assets to you

When Do You Need Probate in 2025?

You typically need probate if the estate includes:

Always Requires Probate

• Property solely owned: Houses, flats, land (Land Registry requires Grant before transfer)
• Large bank accounts: Most banks require probate for sole accounts over £5k-£50k (varies by bank)
• Stocks and shares: Held in deceased's sole name (share registrars require Grant)
• Business interests: Sole trader business, company shares, partnership interests

May NOT Require Probate

• Small estates: Total value under £5k (probate fee free), or under bank's threshold (£5k-£50k)
• Joint property: Owned as joint tenants (passes automatically to survivor)
• Joint bank accounts: Joint tenancy accounts accessible by surviving holder
• Nominated beneficiaries: Life insurance in trust, pensions with named beneficiaries
• Personal possessions only: No property, just belongings and small cash amounts

Step-by-Step: How to Apply for Probate UK 2025

Step 1: Register the Death and Secure the Estate (Week 1)

• Register death within 5 days (8 days Scotland)
• Order 5-10 death certificates (£12.50 each during registration)
• Locate the original will (check home, solicitor, bank safe deposit, National Will Register)
• Inform banks, utilities, insurance to freeze/cancel accounts
• Secure property, valuables, and important documents
• Cancel subscriptions and direct debits

Step 2: Value All Estate Assets (Weeks 2-6)

Get date-of-death valuations for everything the deceased owned:

• Property: Three estate agent valuations (free) or RICS surveyor (£300-£600). Download Land Registry title deeds (£3)
• Bank accounts: Request date-of-death balances from all banks (2-4 weeks, free)
• Investments: Contact share registrars, platforms, fund managers for probate valuations
• Pensions: Contact providers for transfer values (even if death benefits paid outside estate)
• Life insurance: Get policy valuations (policies in trust don't count toward estate)
• Vehicles: Use Glass's Guide or CAP for car valuations, provide V5C logbook
• Personal possessions: Professional valuation for items over £1,500 (jewellery, art, antiques)
• Business interests: Accountant valuation for sole trader/partnership/company shares

Step 3: List All Liabilities (Weeks 2-6)

Document everything the deceased owed:

• Mortgage: Request redemption statement showing exact payoff amount on date of death
• Loans: Personal loans, car finance - get final balances
• Credit cards: Final statements showing balances on date of death
• Utility bills: Final meter readings and bills for gas, electric, water, phone
• Council Tax: Outstanding balance from local council
• Tax owed: Request tax calculation from HMRC for last tax year
• Funeral costs: Invoice from funeral director

Step 4: Calculate Inheritance Tax (Weeks 6-8)

Inheritance Tax (IHT) is charged at 40% on estates above the nil rate band:

• Nil Rate Band: £325,000 per person (2024/25 - frozen until 2030)
• Residence Nil Rate Band: Additional £175,000 if leaving main home to children/grandchildren
• Combined threshold: Up to £500,000 per person (£1m for married couples)
• Transferable allowance: Surviving spouse inherits unused nil rate band from deceased spouse

Complete the correct IHT form:

• IHT205 or IHT421: Simple form for estates under £325k (or £500k with RNRB), no IHT due
• IHT400: Comprehensive 24-page form for estates over threshold, with supporting schedules IHT401-436
• Payment: IHT must be paid before probate granted (banks may release funds for IHT before probate)

Step 5: Apply for Grant of Probate (Weeks 8-12)

Online application (recommended - faster):

• Apply at gov.uk/applying-for-probate (8-12 weeks processing)
• Upload scanned documents, pay £300 fee by card
• Complete identity verification video call
• Original will must be posted to probate registry (they return it with Grant)

Paper application (slower):

• Complete form PA1P (with will) or PA1A (without will - intestacy)
• Send with original will, death certificate, IHT form, £300 cheque
• Processing takes 12-16 weeks

What you need for application:

• Original will and any codicils
• Certified copy of death certificate
• Completed IHT form (IHT205/421 or IHT400)
• All executor ID documents (passport, driving licence, or birth certificate)
• Evidence of all asset valuations
• Evidence of all liabilities
• £300 probate fee (free if estate under £5,000)

Step 6: Receive Grant of Probate (Weeks 16-28)

Timeline expectations:

• Online applications: 8-12 weeks from submission
• Paper applications: 12-16 weeks from submission
• Complex estates or queries: Add 4-8 weeks
• Probate registry may request additional information or corrections

What you receive:

• Official Grant of Probate sealed by court
• Original will stamped and returned
• Usually 2-3 official copies of Grant (order extras for £1.50 each)

Step 7: Collect All Estate Assets (Weeks 20-32)

With Grant of Probate in hand, you can now access everything:

• Banks: Send certified copy of Grant, request account closure and fund transfer (2-4 weeks)
• Investments: Transfer shares to beneficiaries or sell and distribute cash
• Property: Register Grant with Land Registry, can now sell or transfer to beneficiaries
• Pensions: Collect any lump sum death benefits
• Insurance: Claim life insurance payouts not in trust
• Personal items: Sell valuables through auction or distribute to beneficiaries

Step 8: Pay All Debts and Expenses (Weeks 24-36)

Pay debts in the correct legal priority order:

1. Secured debts (mortgage, secured loans on property)
2. Funeral expenses
3. Testamentary expenses (probate fees, solicitor fees, valuation costs)
4. Administration expenses (executor costs, property maintenance)
5. Preferential debts (employee wages if business owner)
6. Unsecured debts (credit cards, personal loans, utility bills - rank equally)

If estate is insolvent (debts exceed assets): Follow strict legal priority. Unsecured creditors may receive nothing. Consult solicitor specializing in insolvent estates.

Step 9: Distribute to Beneficiaries (Weeks 36-52)

Only distribute after all debts paid:

• Follow the will: Distribute specific bequests first (jewellery, personal items)
• Residuary estate: Remaining assets divided according to will percentages
• Get receipts: All beneficiaries sign receipt confirming what they received
• Estate accounts: Prepare detailed accounts showing all money in/out, share with beneficiaries
• Executor release: Beneficiaries sign release confirming they're satisfied and won't sue

Probate Costs UK 2025

Court and Government Fees

• Probate application fee: £300 (free if estate under £5,000)
• Extra Grant copies: £1.50 each (order 3-5 for banks, Land Registry)
• Land Registry title deeds: £3 per title

Professional Fees (If Using Solicitor)

• Straightforward estate: £2,000-£5,000 + VAT
• Complex estate: £5,000-£10,000+ + VAT
• Percentage-based: Some charge 2-5% of estate value
• Hourly rate: £150-£350/hour depending on location and firm

Other Costs

• Property valuation: £300-£600 for RICS surveyor
• Probate valuations: Usually free from banks/pensions
• Death certificates: £12.50 each during registration (order 5-10)
• Accountant: £500-£2,000 for business valuations or complex tax

Inheritance Tax (If Due)

• 40% on amount above threshold (£325k individual, £500k with RNRB, £1m couples)
• Reduced to 36% if leaving 10%+ to charity
• Payment: Due before Grant issued, can usually arrange direct payment from estate

DIY Probate vs Using a Solicitor

Do It Yourself Probate

Good for:

• Straightforward estates under £500k
• UK assets only (no overseas property)
• Simple will with clear beneficiaries
• No disputes between beneficiaries
• Executor has time and confidence

Cost: £300-£500 total (probate fee, certificates, postage)

Time: 20-40 hours executor work over 6-9 months

Use a Solicitor If:

• Complex estate over £1 million
• Business interests or agricultural property
• Overseas assets requiring foreign probate
• Beneficiary disputes or challenges to will
• Insolvent estate (debts exceed assets)
• Complicated family situation (multiple marriages, step-children)
• Large inheritance tax liability requiring planning
• Executor lacks time or confidence

Cost: £2,000-£10,000+ depending on complexity

Time: Minimal executor involvement, solicitor handles everything

Common Probate Problems and Solutions

Problem: Can't Find the Will

Solution: Search deceased's home, safe, solicitor files, bank safe deposit. Check National Will Register (nationalwillregister.co.uk - £90 search). Contact any solicitors deceased used. If genuinely no will found, apply for Letters of Administration under intestacy rules - estate distributed by law, not deceased's wishes.

Problem: Beneficiaries Disputing the Will

Solution: Common grounds: undue influence, lack of capacity, not properly executed, doesn't make reasonable provision for family. Disputes must be raised before Grant issued. Beneficiaries can enter "caveat" (£3 fee) blocking probate for 6 months. Seek mediation first. If unsuccessful, may need contentious probate solicitor. Litigation expensive (£10k-£100k+) and can take years.

Problem: Executor Lives Abroad

Solution: Executors can act from abroad but must appoint UK attorney (Power of Attorney) to handle correspondence with probate registry. Harder to attend bank meetings, property viewings. Consider renouncing executorship if impractical. Other executors can apply without you if you formally renounce.

Problem: Probate Taking Too Long

Solution: Online applications faster (8-12 weeks) than paper (12-16 weeks). Delays occur from: missing documents, errors in application, unclear valuations, probate registry queries. Chase every 2-3 weeks. Request manager review if over 16 weeks. Can't speed up significantly but persistence helps.

Problem: Estate Doesn't Have Enough Cash for IHT

Solution: IHT due before Grant issued, but you can't access estate funds without Grant. Options: executor pays personally and reclaims from estate, loan against property (Direct Payment Scheme - banks pay HMRC directly before Grant), sell assets pre-Grant (very difficult), beneficiary loans. Most use Direct Payment Scheme.

Timeline: Realistic Probate Expectations 2025

Simple Estate (Under £325k, No IHT)

• Weeks 1-4: Register death, locate will, notify organisations
• Weeks 2-6: Gather all valuations from banks, investments, property
• Weeks 6-8: Complete IHT205 simple form
• Week 8: Submit online probate application
• Weeks 16-20: Receive Grant of Probate
• Weeks 20-28: Collect assets, pay debts
• Weeks 28-36: Distribute to beneficiaries
• Total: 6-9 months

Complex Estate (Over £500k, IHT Due)

• Weeks 1-6: Register death, secure estate, begin valuations
• Weeks 2-12: Obtain all asset/liability valuations (property surveys, business valuations)
• Weeks 8-16: Complete IHT400 comprehensive form with all schedules
• Week 16: Pay IHT (arrange Direct Payment Scheme)
• Weeks 16-20: Submit probate application after IHT paid
• Weeks 28-36: Receive Grant (longer for complex estates)
• Weeks 36-52: Collect assets, pay remaining debts, prepare accounts
• Weeks 52-64: Distribute to beneficiaries
• Total: 12-18 months

Related Guides

• Complete Guide to Applying for Probate - Detailed probate application walkthrough
• What Documents Do I Need for Probate? - Complete checklist of all documents required
• Estate Administration Checklist - Full executor's guide from start to distribution
• Understanding Inheritance Tax Basics - IHT thresholds, rates, and how to calculate
• When You Don't Need Probate - Situations where probate isn't required

Key Takeaways: UK Probate 2025

• Probate typically needed for estates over £5k-£50k or with property
• Process takes 6-18 months depending on complexity
• Online applications faster (8-12 weeks) than paper (12-16 weeks)
• Cost £300 for DIY probate, £2k-£10k+ with solicitor
• IHT charged at 40% on estates over £325k (£500k with residence nil rate band)
• Most straightforward estates can be handled DIY, saving thousands
• Use solicitor for complex estates, disputes, or overseas assets
• Keep detailed records of all money in/out for estate accounts
• Get beneficiary receipts and releases before final distribution

Probate can feel overwhelming, but breaking it into clear steps makes it manageable. The key is being methodical: value everything accurately, complete forms carefully, keep detailed records, and don't rush distribution. Most executors successfully handle straightforward estates themselves, saving significant solicitor fees while fulfilling their duties to beneficiaries.