How to Apply for Probate After Someone Dies in England or Wales
Apply for probate in England or Wales after valuing the estate and dealing with Inheritance Tax, including eligibility, documents, fees, online or postal routes and processing times.
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In England and Wales, first check whether probate is actually needed and whether you are entitled to apply. If there is a will, an executor named in the will or a codicil can usually apply; if there is no will, the person entitled under the intestacy rules can apply for letters of administration. Before applying, value the estate and deal with any required Inheritance Tax reporting. If form IHT400 is required, submit it before the probate application, start paying any Inheritance Tax due and wait for HMRC's unique code. You can then apply online or by post. The probate application fee is £526 if the estate is worth more than £5,000 and there is no application fee if it is £5,000 or less. HMCTS says probate is usually issued within 12 weeks, although cases can take longer if more information is needed.
What you need
- An estimate of the value of the estate, including the person's money, property and possessions.
- Confirmation of whether the estate is an excepted estate or whether full Inheritance Tax details must be reported to HM Revenue & Customs.
- If form IHT400 is required, the estate details must be submitted to HMRC before applying for probate and any required Inheritance Tax payment must be started.
- The unique code from HMRC if full estate details were reported using IHT400.
- The original will and any codicils if the person left a will.
- A copy of the death certificate if the death occurred outside England or Wales or if you have an interim death certificate from the coroner.
- The applicant must be legally entitled to apply: normally an executor named in the will, or the person entitled to administer the estate where there is no will.
Eligibility
Probate rules depend on whether the person left a valid will. If there is a will, you can normally apply for a grant of probate if you are named as an executor in the will or a codicil. Up to four executors can be named on the application. If there is no will, the person with the strongest entitlement under the intestacy rules can apply to become administrator and receive letters of administration. An unmarried partner is not automatically entitled to apply merely because they were the deceased person's partner. Probate may not be needed at all for some estates, so you should first ask the banks, mortgage providers and other organisations holding assets whether they require a grant.
How to do it
- Check whether a grant is required to deal with the deceased person's estate. Financial institutions and asset holders have their own requirements.
- Confirm that you are entitled to apply. If there is a will, identify the executors. If there is no will, establish who is entitled to administer the estate under the intestacy rules.
- Estimate the value of the entire estate for Inheritance Tax purposes, including assets, debts and relevant gifts.
- Check whether the estate qualifies as an excepted estate or whether full details must be reported to HMRC using form IHT400.
- If IHT400 is required, submit it within 12 months of the death and before applying for probate. Start paying any Inheritance Tax due and wait for HMRC to issue the unique code required for the England and Wales probate application.
- Choose the application route. Apply online where the service accepts your case, or use PA1P by post if there is a will and PA1A if there is no will.
- Provide the required information and supporting documents. If there is a will, send the original will and any codicils as directed by HMCTS.
- Pay the probate fee if the estate is worth more than £5,000. The current fee is £526; there is no application fee for an estate worth £5,000 or less.
- Track the application. HMCTS says grants are usually issued within 12 weeks, although additional information can make the process longer.
- Once the grant is issued, use it to collect assets, pay debts and taxes and administer the estate according to the will or intestacy law.
Check whether you actually need probate
Probate is the legal authority to deal with a deceased person's property, money and possessions in England and Wales. However, a grant is not required in every estate.
HMCTS advises contacting the organisations that hold the deceased person's assets, such as banks, building societies and mortgage providers, because each organisation decides what evidence it requires before releasing assets.
You may not need probate where the person only had savings, where money or shares were jointly owned and pass automatically to the surviving owner, or where land or property was owned as joint tenants and passes automatically to the surviving owner.
Do not make financial plans or put property on the market on the assumption that you can administer the estate before establishing whether probate is required.
If there is a will, check who the executors are
If the deceased left a will, an executor named in the will or a later codicil can normally apply for a grant of probate.
You will need the original will. A photocopy is not normally accepted for an ordinary application, and the original will becomes a public record after the grant is issued. If several wills exist, use the most recent valid will and do not destroy earlier versions before probate has been granted.
If there is more than one executor, they must agree who will make the application. Up to four executors can be named on the probate application. An executor who does not want to apply immediately can hold power reserved, while an executor who wishes to give up the right permanently can use the formal renunciation process.
If there is no will, identify the person entitled to administer the estate
Where there is no valid will, the court does not issue a grant of probate. Instead, the person entitled to administer the estate applies for letters of administration.
Eligibility follows the intestacy rules. The closest entitled relative may be a spouse, civil partner or another relative depending on the family circumstances. An unmarried partner is not automatically entitled to administer or inherit the estate merely because they lived with the deceased.
Value the estate before you apply
You must estimate the value of the estate before applying. This includes the deceased person's property, money and possessions and is needed even if no Inheritance Tax will ultimately be payable.
Accurate valuations matter. HMRC says property or land can be valued by an estate agent or chartered surveyor, and a professional valuation can be obtained for individual items worth more than £1,500. Lower-value household items can normally be reasonably estimated.
Deal with Inheritance Tax before submitting probate
After valuing the estate, check whether it is an excepted estate or whether full estate details must be sent to HM Revenue & Customs.
Most estates are excepted estates. If an estate is excepted and there is no Inheritance Tax to pay, you generally report the estimated estate value as part of the probate application rather than submitting a full IHT400 account.
If full details are required, complete form IHT400. HMRC requires it within 12 months of the death and before the probate application. Full details include the estate's assets and debts, relevant gifts, and applicable exemptions and reliefs.
Wait for the HMRC unique code when IHT400 is required
If Inheritance Tax is due, you normally need to start paying it before probate can be granted. HMRC then provides a unique code for the England and Wales probate application.
HMRC says this code is usually issued within 20 working days of receiving the IHT400 or the Inheritance Tax payment, whichever is later.
Inheritance Tax itself is generally due by the end of the sixth month after the month in which the person died. Interest can apply after the payment deadline.
Prepare the documents before starting the application
The exact evidence depends on the estate, but the core probate preparation normally includes:
- the deceased person's details and date of death;
- the estimated gross and net value of the estate;
- Inheritance Tax information and the HMRC unique code where required;
- the original will and codicils if there is a will;
- details of the executors or administrators applying; and
- a death certificate where HMCTS specifically requires one, including where the death occurred outside England or Wales or an interim coroner's certificate is being used.
If several people are applying together, the applicants choose a lead applicant. Each applicant must provide the lead applicant with an email address and mobile phone number.
Apply online through the HMCTS probate service
You can apply yourself through the HMCTS online probate service if your case is accepted by the service. Before starting, you must already have valued the estate and completed any necessary Inheritance Tax steps.
If IHT400 was required, do not submit the probate application until you have started paying any tax due and HMRC has issued the unique code.
The online route is normally faster than a paper application. After submission, you can sign in again to track the application's progress.
Use PA1P or PA1A for a postal application
You can also apply by post. The form depends on whether there is a will:
- PA1P — use this when the deceased left a will.
- PA1A — use this when the deceased did not leave a will.
For a citizen postal application with a will, HMCTS requires the completed signed form and supporting documents, including the original will. The published postal guidance also requires the official death certificate for that route. The will is retained permanently by HMCTS after the grant is issued.
HMCTS states that paper applications take longer to process than online applications.
Pay the correct probate fee
From 13 July 2026, the probate application fee is £526 when the estate is valued at more than £5,000.
There is no probate application fee where the estate is worth £5,000 or less.
One copy of the probate document is provided with the grant. Additional copies ordered when you submit the application cost £2 each. Additional copies requested after the application has been submitted cost £16 each.
A separate second grant for the same estate costs £22 even if the estate is worth £5,000 or less.
Check whether you can get Help with Fees
You may qualify for Help with Fees if you have a low income or receive certain benefits. You can apply through the Help with Fees service or use form EX160.
If you apply for probate online, HMCTS requires you to pay the full probate fee when submitting the application. If your Help with Fees application is later approved, the relevant fee is refunded. Help with Fees does not cover the fee for extra copies of probate documents.
Expect the grant within about 12 weeks in straightforward cases
HMCTS says you will usually receive probate within 12 weeks of submitting the application. It can take longer if additional information is required.
For postal applications, HMCTS says processing can take up to 12 weeks where there is no delay receiving the necessary documents, and paper applications generally take longer than online applications.
If you applied online, you can track the application through the probate service. If you applied by post, HMCTS says you should receive a letter or email within 12 weeks; if you do not, you can contact the Courts and Tribunals Service Centre.
What HMCTS issues after approving the application
The document you receive depends on the estate:
- a grant of probate where there is a will and an executor is applying;
- letters of administration with will annexed where there is a will but no named executor can apply; or
- letters of administration where there is no will.
Once the grant has been issued, you can use copies to prove your authority to banks and other organisations holding the deceased person's assets.
Avoid errors that can hold up the grant
- Do not apply before checking whether probate is actually needed.
- Do not submit an application before establishing who has the legal right to apply.
- Do not estimate only the assets that need probate; the estate valuation for Inheritance Tax must cover the relevant estate as a whole.
- If IHT400 is required, do not apply for probate before submitting it, starting any required tax payment and receiving HMRC's unique code.
- If there is a will, do not send an ordinary photocopy instead of the original unless a specific exceptional procedure applies.
- Do not assume an unmarried partner automatically has the same entitlement as a spouse or civil partner where there is no will.
- Do not use England and Wales instructions for another UK jurisdiction. Scotland and Northern Ireland have separate probate processes.
These instructions apply only to England and Wales
This procedure covers applications handled under the probate system for England and Wales. Scotland uses a separate process known as confirmation, and Northern Ireland has its own probate rules and application system. Do not use the England and Wales forms or assumptions for an estate that must be dealt with under one of those jurisdictions.
Frequently asked questions
How much does it cost to apply for probate in England and Wales in 2026?
The HMCTS probate application fee is £526 if the estate is worth more than £5,000. There is no application fee if the estate is worth £5,000 or less. These fees apply from 13 July 2026.
How long does probate take in England and Wales?
HMCTS says you will usually get probate within 12 weeks of submitting the application. It can take longer if additional information or documents are required.
Can I apply for probate online myself without a solicitor?
Yes. An eligible personal representative can apply through the HMCTS online probate service without using a probate practitioner if the online service accepts the case.
What form do I use to apply for probate by post?
Use form PA1P if the person left a will. If there is no will, use form PA1A to apply for letters of administration.
Do I need the original will to apply for probate?
For a standard application where there is a will, HMCTS requires the original will rather than an ordinary photocopy. The will is retained by the probate registry and becomes a public record after the grant is issued.
Do I have to pay Inheritance Tax before applying for probate?
If Inheritance Tax is due, you normally have to start paying it before probate is granted. If a full IHT400 account is required, submit it first and wait for HMRC's unique code before applying for probate in England and Wales.
How long does HMRC take to send the probate code after IHT400?
HMRC says the unique code is usually issued within 20 working days of receiving the IHT400 or the Inheritance Tax payment, whichever is later.
Can an unmarried partner apply for letters of administration if there is no will?
An unmarried partner is not automatically entitled simply because they were the deceased person's partner. Entitlement to administer an intestate estate follows the statutory order of relatives.
Is probate always needed when someone dies?
No. Whether a grant is required depends on the assets and the requirements of the organisations holding them. Jointly owned assets can sometimes pass automatically to the surviving owner.
Does this probate process also apply in Scotland or Northern Ireland?
No. This procedure is for England and Wales. Scotland uses a separate confirmation process, and Northern Ireland has different probate rules and procedures.
Official sources
GOV.UK - Applying for probateGOV.UK - Applying for probate: If there's a willGOV.UK - Applying for probate: Before you applyGOV.UK - Applying for probate: FeesGOV.UK - Applying for probate: Apply for probateGOV.UK - Applying for probate: After you've appliedGOV.UK - How to apply for probate by post if there is a willGOV.UK - Apply for probate by post if there is a will: PA1PGOV.UK - How to apply for probate by post if there is not a willGOV.UK - How to value an estate and report its value: full details and IHT400GOV.UK - Check if you need to send full details of the estateGOV.UK - Inheritance Tax account IHT400GOV.UK - Pay your Inheritance Tax billGOV.UK - Court and tribunal fees updates from July 2026GOV.UK - How to apply for Help with Fees: EX160ARelated procedures
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