A Step-by-Step Guide to the Probate Process in England and Wales

A Step-by-Step Guide to the Probate Process in England and Wales

What Is Probate?

Probate is the legal process of dealing with the estate of someone who has died. It involves identifying and valuing their assets, paying any debts and taxes, and distributing the remaining estate to the beneficiaries — either in accordance with the deceased's will, or under the intestacy rules if there is no valid will.

The term "probate" is commonly used to describe the entire process of estate administration, though technically it refers specifically to the court document — the "Grant of Probate" — that confirms the executor's authority to act. Where there is no will, the equivalent document is called a "Grant of Letters of Administration," and the person administering the estate is called the "administrator" rather than the "executor." Both are types of "grant of representation."

Step 1: Register the Death

In England and Wales, a death must be registered with the local register office within five days. You will need to obtain copies of the death certificate — most executors order several, as banks, insurers, and other institutions will each require their own copy.

Step 2: Locate the Will

If you know that the deceased made a will, try to locate the original. Common places to look include the deceased's home, their solicitor's office, or the government's Probate Service will storage facility. If the deceased's solicitor or firm is no longer in practice, the Solicitors Regulation Authority can help trace them.

If you cannot find a will, the National Will Register may be able to assist. If no will can be found, the estate will be administered under the intestacy rules.

Step 3: Establish Whether Probate Is Needed

Probate is not always required. It may not be needed if all assets were jointly held and pass automatically to the surviving owner, the estate is very small and asset holders agree to release funds without a grant, or the only asset is cash.

However, if the estate includes property that needs to be sold or transferred, or if any asset holder requires a grant, probate will be necessary.

Step 4: Value the Estate

Before applying for probate, you must establish the value of the estate — all assets and all liabilities, including mortgages, loans, and funeral costs. For property, you may need a professional valuation, particularly if IHT may be payable.

Step 5: Report to HMRC and Pay Any Inheritance Tax

Even if no IHT is due, you may need to report the estate to HMRC. For estates where IHT is payable, you must complete an IHT400 form. IHT must generally be paid within six months of the end of the month in which the death occurred. The Direct Payment Scheme allows certain institutions to release funds directly to HMRC.

Step 6: Apply for the Grant of Probate

The current application fee is £300 for estates over £5,000. Additional copies cost £16 each (as of November 2025). Online applications are processed in approximately five weeks; paper applications take around fourteen weeks.

Step 7: Collect the Assets

Present the grant to banks, building societies, and other institutions. Open a dedicated executor's bank account to manage the estate's funds.

Step 8: Advertise for Creditors

Place statutory notices under section 27 of the Trustee Act 1925 in The London Gazette and a local newspaper. This protects the executor from personal liability for unknown debts.

Step 9: Pay Debts, Expenses, and Legacies

Pay all known debts, funeral expenses, administration costs, and legacies from the estate's funds. Debts do not die with the person — they must be paid before beneficiaries receive their inheritance.

Step 10: Prepare Estate Accounts and Distribute

Prepare a full set of estate accounts and share with beneficiaries for approval before making final distributions. The entire process typically takes six to twelve months.

Do You Need a Solicitor for Probate?

There is no legal requirement to use a solicitor. However, professional help is particularly valuable for large or complex estates, where IHT is payable, where disputes exist, or where the executor lacks time or confidence.

If you are an executor and would like guidance, please contact Safe Harbour Legal.

This guide is intended as general legal information and does not constitute legal advice. Safe Harbour Legal is a trading name of Legal Studio, authorised and regulated by the Solicitors Regulation Authority.