What probate is, when you need it, and how to apply — without the legal jargon.
Probate is one of the most misunderstood parts of administering an estate. Many people have heard the word but are unsure what it actually means or whether they need it. This guide explains probate in plain English, covering when it is required, how to apply, and how long the process typically takes.
Probate (formally, a 'Grant of Probate') is a legal document issued by the Probate Registry that confirms the validity of a will and gives the executor the legal authority to deal with the deceased's assets. Without it, most banks and financial institutions will not release funds, and property cannot be transferred or sold. If there is no will, the equivalent document is called 'Letters of Administration', granted to the next of kin rather than an executor.
Not always. Probate is generally required when the estate includes property (land or buildings), significant investments, or bank accounts above a certain threshold (typically £5,000–£50,000 depending on the institution). Small estates, jointly held assets that pass automatically to the surviving owner, and assets held in trust usually do not require probate. If you are unsure, contact each institution directly — they will tell you whether they require a Grant of Probate before releasing funds.
Before you can apply for probate, you must report the estate's value to HMRC and either confirm that no Inheritance Tax (IHT) is due, or pay any IHT that is owed. IHT is charged at 40% on the value of the estate above the nil-rate band (currently £325,000, or up to £500,000 if the residence nil-rate band applies). You must complete form IHT400 (or IHT205 for smaller estates) and submit it to HMRC. Crucially, IHT must be paid before probate is granted — which can create a cash-flow challenge, as funds are often locked in the estate. Most banks will release funds directly to HMRC for this purpose if asked.
Once HMRC has confirmed the IHT position, you apply to the Probate Registry either online (via MyHMCTS) or by post using form PA1P (with a will) or PA1A (without a will). You will need to submit the original will, the death certificate, and the application fee (currently £273 for estates over £5,000). Processing times vary but typically take 8–16 weeks. Once granted, you will receive the Grant of Probate — a certified document you can use to deal with each asset in the estate.
With the Grant of Probate in hand, you can begin collecting and distributing the estate. This involves closing bank accounts, selling or transferring property, settling debts, and ultimately distributing the remaining assets to the beneficiaries named in the will. Kinvoy's task checklist walks you through each of these steps in sequence, with guidance on the order in which they should be completed and the documents you will need at each stage.