The UK probate process — step-by-step

Probate is the legal process by which the estate of someone who has died is collected in, debts and taxes paid, and the remainder distributed to the beneficiaries. In England and Wales the process is overseen by the Probate Service, part of HM Courts and Tribunals Service (HMCTS), with applications now handled almost entirely online via the central HMCTS Probate Service portal. This guide walks step-by-step through what actually happens, how long it takes, and where the common delays creep in.

Step 1: Register the death. Before any probate work can begin, the death must be registered with the local register office within five days (eight in Scotland). Most register offices now operate by appointment only. You will receive a death certificate (technically the certified copy of the entry in the register) — order at least three or four extra copies at the time, since you will need to send originals to banks, pension providers, the Land Registry and so on, and they take longer and cost more if ordered later. The registrar will also issue a 'Tell Us Once' reference allowing you to notify all government departments in a single transaction.

Step 2: Locate the will (if one exists). The will is usually held at home, with the deceased's solicitor or will writer, in bonded storage with a will-writing firm, or registered with the National Will Register (Certainty). If it cannot be found, a search of the National Will Register for around £100 will check across most professionally drafted wills. If no will exists at all, the estate is intestate and will be administered under the intestacy rules — the same probate process applies but the document granted is a 'grant of letters of administration' rather than a 'grant of probate'.

Step 3: Identify the executors. The executors are the people named in the will who are legally responsible for administering the estate. Most wills name two or three. Executors do not have to act — any named executor can renounce or 'reserve power', meaning they decline to act. In practice it is usually best for one executor to take the lead and others to act as a sense-check. Executors carry significant personal liability for getting the administration right, including liability for unpaid inheritance tax, and most will choose to instruct a will writer or solicitor on a professional services basis to handle the technical side.

Step 4: Value the estate. Every asset and debt the deceased owned at the date of death must be valued. This includes property (you will need an estate agent's valuation, ideally three for a substantial property), bank and savings accounts (closing balances at the date of death), investments (NS&I, ISA holdings, share portfolios), pension lump sums, life assurance payouts, personal possessions (cars, jewellery, art, collectibles), and any business interests. On the liabilities side: outstanding mortgages, credit cards, utility bills and any other unpaid debts. The valuation date is always the date of death, not the date probate is granted.

Step 5: Inheritance tax forms. All estates require an IHT account to be filed with HMRC, even where no IHT is payable. The forms are now organised under the IHT400 family. For 'excepted estates' — broadly those below the IHT thresholds, fully spouse-exempt, or fully charity-exempt — the simpler IHT205 process was replaced from January 2022 and reduced reporting now applies to most non-taxable estates with the values declared directly on the probate application. For estates that owe inheritance tax (the form IHT400), the form is detailed and runs to dozens of pages of supplementary schedules covering property, pensions, gifts, business assets, foreign assets and more.

Step 6: Pay any inheritance tax due. Inheritance tax must be paid before HMRC will issue the IHT421 receipt that allows the probate application to proceed. This presents a chicken-and-egg problem: you cannot access most of the estate to pay the tax until probate is granted, but probate cannot be granted until the tax is paid. There are several solutions. Most banks will release funds directly to HMRC under the 'Direct Payment Scheme' on production of the IHT423 form. A bank loan against the estate is sometimes available. Tax on certain assets (property, businesses, agricultural land) can be paid in 10 annual instalments. We can guide your executors through the options.

Step 7: Apply for the grant of probate. Once IHT clearance is received, the executors apply to HMCTS via the online Probate Service for the grant of probate (or letters of administration where there is no will). The application requires the original will, the death certificate, the IHT clearance, an estate summary and an application fee — currently £273 for estates over £5,000, with up to ten extra sealed copies of the grant available at £1.50 each (you will need several to send to banks). Most online applications are processed within four to sixteen weeks. Paper applications take longer.

Step 8: Collect in the assets. Once the grant has been received, the executors send certified copies to each asset-holder — banks, pension providers, life insurers, share registrars, the Land Registry, and so on. Each will then release the asset to the executors, either in cash form or by transferring legal ownership. Property typically requires a separate sale process, which can take several months on top of the probate timeline. The executors collect everything into a dedicated executors' account.

Step 9: Pay debts and expenses. Funeral costs, outstanding bills, credit card balances and any other debts must be paid from the estate before the beneficiaries receive anything. It is good practice for executors to publish a 'section 27 notice' in The Gazette and a local newspaper (under section 27 of the Trustee Act 1925), giving creditors at least two months to come forward with claims. After that period, executors who have followed the procedure are personally protected from claims by creditors they did not know about.

Step 10: Distribute to beneficiaries. Once debts, taxes and expenses are paid, the executors distribute the remaining estate to the beneficiaries named in the will, in accordance with the will's terms. Specific legacies (e.g. 'I leave my watch to my brother') are usually distributed first, followed by pecuniary legacies (specified cash sums), with the residue (everything left over) divided according to the residuary clause. Each beneficiary should receive a final estate account showing what came in, what went out, and what they are receiving.

How long does it all take? A simple estate — single home, a couple of bank accounts, no IHT — typically takes three to six months from death to final distribution. An IHT-paying estate usually takes six to twelve months. Estates with property to sell, business interests, foreign assets or contested wills can take two years or more. The 'executor's year' is a long-standing rule of thumb that beneficiaries should not generally pursue executors for distribution within 12 months of the date of death, although there is no fixed legal deadline.

How Will Guard can help. If you are an executor facing the prospect of administering an estate yourself, our fixed-fee probate service handles the entire process from valuation through to final distribution. Prices are agreed in writing at the outset based on the complexity of the estate — typically a small percentage of the estate value, capped at a maximum, with no hourly rates. Call 0330 223 7844 for a free, no-obligation conversation about whether DIY probate or a professional service is right for your situation.