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Probate

Do you need probate, and how to get it

Probate is the legal permission to deal with someone's money, property and possessions after they die. Not every estate needs it, and there is no rush — this page explains when it's required and what the steps are, at your own pace.

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Take it one step at a time.

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First, check whether probate is even needed

Probate is often not required for small or simple estates. If everything was jointly owned with a surviving partner (a shared home or joint bank account), it usually passes to them automatically without probate. Many banks also release modest balances — often up to £20,000£50,000, the limit varies — on sight of a death certificate alone. Probate is usually needed when there is property in the person's sole name, or larger sums an institution won't release without a grant. When in doubt, ask each bank and the Land Registry what they require; the answer decides it.

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Work out the estate value and deal with Inheritance Tax first

Before you can apply for probate you need to value the estate — add up property, savings, investments and possessions, then subtract debts. Inheritance Tax comes first because HMRC and the probate registry are linked: most estates owe nothing, as the tax-free nil-rate band is £325,000 (and only around 4% of estates pay any IHT at all). You report the estate's value to HMRC, and only once that is done can the grant be issued. If tax is due, it generally has to be paid before the grant — though there are ways to settle it from the estate's own accounts.

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Choose the right application: PA1P or PA1A

If there is a will, you apply for a 'grant of probate' using form PA1P, and the people named to act are the executors. If there is no will, you apply for 'letters of administration' using form PA1A, and the closest relative usually applies as the administrator. Both are commonly done online through GOV.UK, or on paper if you prefer. The grant is the document that proves your legal authority — banks, the Land Registry and others will ask to see it before they'll release anything or transfer the home.

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Apply and pay the probate fee

The application fee is £526 for estates worth more than £5,000. Estates of £5,000 or less pay nothing. You'll send the original will (if there is one), the death certificate, and your completed form, then pay the fee. You can usually order extra sealed copies of the grant for a small amount each — useful, because several banks may each want to see an original at the same time rather than wait for one to be passed around.

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Wait for the grant, then settle the estate

Once submitted, a grant typically takes around 4 to 12 weeks to come back, though it can be longer at busy times or if HMRC paperwork is still being checked. When it arrives you can collect in the money, sell or transfer the property, pay any remaining debts, and share out what's left according to the will or the intestacy rules. There is no deadline that forces you to rush — accuracy matters far more than speed, and keeping a simple record of what you collect and pay out protects you later.

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A short checklist for this step.

Free to use — nothing to sign up for. Work down it at your own pace.

Checklist · 8 steps
  • Ask each bank and the Land Registry whether they need a grant before assuming you do
  • Value the estate: property, savings, investments and possessions, minus debts
  • Report the estate to HMRC and settle any Inheritance Tax — the nil-rate band is £325,000
  • Use PA1P if there's a will, PA1A if there isn't
  • Send the original will, the death certificate and your form
  • Pay the probate fee — £526 (free for estates of £5,000 or less)
  • Order a few sealed copies of the grant so banks can be dealt with in parallel
  • Keep a simple running record of everything you collect and pay out
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Answered, plainly.

It depends on what the person owned and how. Assets held jointly with a survivor usually pass automatically without probate. For sole-name property or larger account balances, the bank, building society or Land Registry will tell you whether they need to see a grant. Ask each one — their requirements decide it, not a fixed rule.
The application fee is £526 for estates worth more than £5,000, and nothing for estates of £5,000 or less. Extra sealed copies of the grant cost a small amount each. You only pay a solicitor on top of that if you choose to use one — many straightforward estates are handled without one.
From submitting the application, a grant usually takes around 4 to 12 weeks. It can take longer at busy periods, or if the Inheritance Tax paperwork with HMRC is still being processed. Valuing the estate and dealing with tax beforehand can take a few more weeks on top, so plan in months rather than days.
Before. You report the estate's value to HMRC first, and the grant can only be issued once that's done. Most estates owe no tax because the nil-rate band is £325,000. If tax is due, it generally needs to be paid before the grant, though it can usually be settled from the estate's own funds.
It's the same idea with different names. If there's a will, the named executors apply for a 'grant of probate' on form PA1P. If there's no will, the closest relative applies for 'letters of administration' on form PA1A. Both give you the legal authority to deal with the estate.
Yes. This page covers England and Wales. Scotland uses a different process called 'confirmation' through the sheriff court, and Northern Ireland has its own probate office and forms. The £526 fee and the PA1P/PA1A forms apply to England and Wales only.
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Related next steps

If the estate is complex — property in sole ownership, significant assets, a contested will, a business, or assets abroad — these estates benefit from early specialist involvement. Signum carries the reviewed route where a professional is needed.

When you're ready

If you're the executor and unsure where to begin, this £179 guided session walks you through valuing the estate, the tax position and the grant application in plain English — so the first hour leaves you with a clear plan, not a pile of forms.

Executor's First Hour

Informational, not legal or financial advice. This guide covers England and Wales; Scotland and Northern Ireland differ. Always confirm current rules and figures at GOV.UK before acting.

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