What documents do I need to apply for probate?

The core documents are: the original will (if one exists), the death certificate, an inheritance tax form (IHT205 or IHT400 depending on estate value), and a completed probate application form (PA1P or PA1A).

Do I need a solicitor to apply for probate?

Not legally, but many executors use one. Errors in the application cause delays and can create personal liability. The KinClarity Probate Readiness Assessment can help you identify preparation gaps before deciding whether you need professional help.

Do I need probate for a small estate?

Not always. Banks and other institutions set their own thresholds — often between £5,000 and £50,000 — below which they may release funds without a grant. You must check each asset holder's policy.

What is the difference between probate and letters of administration?

Probate is issued when there is a valid will naming executors. Letters of administration are issued when there is no will or no executor able to act, and they follow intestacy rules for who can apply and who inherits.

How do I value a house for probate?

HMRC expects the open-market value at the date of death, not the insurance rebuild figure. An estate agent's written valuation or professional survey is commonly used. The value affects inheritance tax reporting.

Probate Readiness: A Complete Executor Guide for England and Wales (2026)

Short answer

Probate is the legal process of proving a will (or applying when there is no will) and receiving authority to administer someone's estate after they die. In England and Wales, most executors need between six and twelve months to complete the process, with the bulk of time spent gathering documents and valuing assets before the grant is issued.

View KinClarity Probate Readiness Assessment →

What is probate and when is it needed?

Probate is the court-supervised process that confirms who has the legal authority to deal with a deceased person's assets in England and Wales. If the person left a valid will naming you as executor, you typically apply for a grant of probate. If there is no will, the process is called letters of administration and follows intestacy rules instead.

Probate is not always required. Many estates are small or hold assets in forms that pass outside the probate process. However, banks, building societies, pension providers, and land registries commonly ask for a grant before they will release funds or transfer property. Individual institutions set their own thresholds; amounts between roughly £5,000 and £50,000 are often quoted as typical cut-offs, but you should check each holder's policy rather than assuming a single rule applies everywhere.

Probate deals with assets that were solely owned or held in the deceased's name alone. It does not replace inheritance tax reporting where that is due, and it does not by itself distribute the estate to beneficiaries — it gives executors or administrators the legal footing to do those later steps.

Do you actually need probate?

Whether you need probate depends on how assets were owned and what each institution requires. Joint assets — such as a joint bank account or a home owned as joint tenants — usually pass automatically to the surviving owner and often do not need a grant for that particular asset. Sole-name accounts, shares registered in one name, and property held as tenants in common typically do require probate or letters of administration.

If the entire estate falls below an institution's threshold, that organisation may release funds without a grant. Thresholds vary: one bank may release £30,000 without probate while another requires a grant for any balance above £5,000. You need to contact each asset holder and ask what they require rather than relying on general rules of thumb.

Common exceptions where probate may not be needed include: estates where all assets were jointly held; very small cash balances that institutions agree to release informally; and certain pension or life policy payments paid directly to named beneficiaries. Even when probate is not required, you may still need to report the estate to HMRC if inheritance tax reporting thresholds apply.

Joint bank accounts — often pass by survivorship; grant may not be needed for that account
Property as joint tenants — passes outside the estate to the survivor
Property as tenants in common — deceased's share forms part of the estate; grant commonly required
Sole-name investments and accounts — grant commonly required
National Savings — has its own limits; check current guidance

What does an executor need to do?

An executor is the person named in a will to administer the estate. If you accept the role, you take on practical and legal responsibilities that continue until the estate is properly wound up. The steps below are a plain-English overview — not an exhaustive legal checklist.

First, register the death and obtain certified copies of the death certificate. Locate the original will and confirm you are named as executor. Notify relevant organisations: banks, insurers, pension providers, HMRC, the Department for Work and Pensions, and utility companies. Secure property and identify all assets and liabilities.

Before applying for probate, you normally value the estate for inheritance tax purposes and complete the appropriate IHT form (IHT205 for simpler estates that are excepted or below the reporting threshold, or IHT400 where full reporting is required). Submit the probate application to HMCTS with the will, death certificate, tax forms, and completed PA1P (with a will) or PA1A (without a will) application.

After receiving the grant, collect assets, pay debts and inheritance tax, keep estate accounts, and distribute the residue to beneficiaries according to the will or intestacy rules. Throughout, keep dated records of decisions, payments, and correspondence.

Documents you need before you start

Incomplete paperwork is one of the most common reasons probate applications stall before they even reach the registry. Gathering documents early — even while you are still unsure whether probate is needed — usually saves time later.

Core documents include: the original will and any codicils; the death certificate and sufficient certified copies for asset holders; completed inheritance tax forms; and the probate application form. You will also need detailed asset and liability schedules, property title information, pension and life policy details, and identity documents for executors.

If the will cannot be found, you may need to search with solicitors, the National Will Register, or consider whether the person died intestate. Missing documents do not always prevent an application, but they commonly trigger delays while institutions respond to enquiries.

Original will and codicils (if any)
Death certificate and certified copies
IHT205 or IHT400 (as applicable)
PA1P or PA1A probate application
Asset and liability lists with supporting statements
Property title deeds or Land Registry details
Executor proof of identity

Common causes of probate delay

Executors often expect the grant itself to take the longest. In practice, much of the delay happens before the application is submitted: locating the will, obtaining valuations, waiting for institution responses, and resolving inheritance tax questions.

Contested wills, missing beneficiaries, overseas assets, and HMRC investigations can extend timelines significantly. Family disagreement — even short of formal litigation — slows decision-making. Missing or ambiguous asset records force repeated enquiries with banks and insurers.

Submitting an incomplete application to the Probate Registry causes rejection and resubmission. Errors on IHT forms can pause the process until HMRC issues the required reference. Property that must be sold before distribution adds months that are unrelated to registry processing time.

How to value an estate correctly

HMRC expects open-market values at the date of death, not insurance replacement figures. This distinction catches many families out: a home insured for rebuild cost may be worth a different amount on the open market; jewellery insured for replacement may be worth less at sale; shares are valued at the closing price on the date of death.

For property, HMRC may accept an estate agent's written valuation or a professional survey depending on complexity. For household contents, a realistic room-by-room estimate is usually sufficient in smaller estates. For shares and unit trusts, use published prices on the death date. Debts and funeral expenses are deducted from the gross estate.

Undervaluing assets can lead to penalties and reassessment. Overvaluing can increase unnecessary inheritance tax. If you are uncertain about a particular asset class, professional valuation for that item alone is often cheaper than correcting an error later.

Probate timeline: realistic expectations

A realistic overall timeline for probate and estate administration in England and Wales is often six to twelve months from the date of death for a straightforward estate. Complex estates, property sales, tax enquiries, or family disputes can extend this to eighteen months or longer.

The Probate Registry currently issues grants within a few weeks of receiving a complete, correct application — but that clock only starts once you have finished the preparatory work. Many executors spend two to four months gathering documents and valuations before applying.

After the grant, collecting assets, paying inheritance tax, filing estate accounts, and distributing to beneficiaries commonly takes a further three to six months. Selling a property adds whatever time the market requires. Treat any shorter estimate with caution unless your estate is genuinely simple.

When to use a solicitor vs doing it yourself

There is no legal requirement to use a solicitor to obtain probate. Many executors handle straightforward estates themselves, particularly where assets are limited, the will is clear, and beneficiaries agree.

Professional help is commonly worth considering where: the will is unclear or contested; there are trusts, business interests, or agricultural property; significant inheritance tax planning is needed; assets are overseas; beneficiaries are minors or lack capacity; or family relationships are already strained.

Solicitors charge for their time and expertise — often quoted as a percentage of the estate or hourly rates. Doing it yourself saves fees but exposes you to personal liability if you make errors. The trade-off is between cost and confidence, not between legal and illegal routes.

How to prepare before speaking to a solicitor

Whether you plan to use a solicitor or apply yourself, structured preparation reduces cost and delay. Organise what you already know: list assets and liabilities, note which documents you hold, and identify gaps. Write down questions rather than arriving with an unstructured narrative.

The KinClarity Probate Readiness Assessment is a structured self-assessment tool that helps executors in England and Wales identify document gaps, common delay risks, and preparation priorities before applying for a grant of probate. It does not assess legal validity, predict outcomes, or replace professional advice — it organises your current picture so your first solicitor meeting or DIY application is more focused.

Official GOV.UK guidance on applying for probate, valuing estates, and executor responsibilities remains the authoritative starting point for process steps. Use structured preparation tools alongside — not instead of — that guidance.

Frequently asked questions

How long does probate take in England and Wales?: Probate typically takes between 6 and 12 months from the date of death, depending on estate complexity. The Probate Registry currently issues grants within a few weeks of a complete application; the bulk of time is spent gathering documents and valuing assets beforehand.
What documents do I need to apply for probate?: The core documents are: the original will (if one exists), the death certificate, an inheritance tax form (IHT205 or IHT400 depending on estate value), and a completed probate application form (PA1P or PA1A).
Do I need a solicitor to apply for probate?: Not legally, but many executors use one. Errors in the application cause delays and can create personal liability. The KinClarity Probate Readiness Assessment can help you identify preparation gaps before deciding whether you need professional help.
Do I need probate for a small estate?: Not always. Banks and other institutions set their own thresholds — often between £5,000 and £50,000 — below which they may release funds without a grant. You must check each asset holder's policy.
What is the difference between probate and letters of administration?: Probate is issued when there is a valid will naming executors. Letters of administration are issued when there is no will or no executor able to act, and they follow intestacy rules for who can apply and who inherits.
How do I value a house for probate?: HMRC expects the open-market value at the date of death, not the insurance rebuild figure. An estate agent's written valuation or professional survey is commonly used. The value affects inheritance tax reporting.