1What Is Probate?
Probate is the legal authority granted by the Probate Registry (a division of His Majesty’s Courts and Tribunals Service) that allows an executor or administrator to deal with a deceased person’s estate.
In England and Wales, this authority is called a Grant of Probate (when there is a valid will) or Letters of Administration (when there is no will or no named executor). In Scotland, it is called Confirmation.
Without this legal document, most banks, building societies, and other financial institutions will not allow access to the deceased’s accounts, even to pay urgent bills like inheritance tax.
Important: A Grant of Probate is usually required before you can access the estate — but HMRC requires inheritance tax to be paid before probate is granted. This creates a financial catch that many families find themselves unprepared for.
When is probate required?
Probate is typically required when the deceased owned assets solely in their name worth more than approximately £5,000, or held property in their sole name. Joint assets (such as a jointly owned home or joint bank account) generally pass directly to the surviving owner without probate.
2How Does Probate Work in England & Wales?
The probate process in England and Wales typically follows these steps:
- Register the death and obtain the death certificate from the local register office.
- Locate the will (if one exists) and identify the named executors.
- Value the estate — all assets and debts must be itemised, and an IHT400 (or IHT205 for simpler estates) submitted to HMRC.
- Pay any Inheritance Tax due within 6 months of the end of the month of death. HMRC must receive at least the first instalment before the Probate Registry will process the application.
- Apply for the Grant of Probate online or by post via HMCTS. This includes submitting the original will (if any), the death certificate, and the probate application form (PA1P or PA1A).
- Collect and distribute assets once the Grant is issued — settling debts and distributing the remainder to beneficiaries as set out in the will or intestacy rules.
The IHT problem: Most estate funds are inaccessible until probate is granted. But you must pay IHT first. If the estate doesn’t have liquid cash available (for example, where the primary asset is a property), an inheritance loan can pay HMRC directly so probate can proceed.
IHT deadline approaching?
Pay HMRC directly using the estate’s IHT reference. No personal liability. Funds released in as little as 3 days.
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3How Long Does Probate Take?
| Estate Type |
Typical Timescale |
Key Factors |
| Simple (cash assets, no property) |
3–6 months |
No IHT, no property, clear will |
| Standard (property + financial assets) |
6–12 months |
Property sale required, IHT assessment |
| Complex (disputed will, multiple properties) |
12–24+ months |
Legal disputes, HMRC enquiries, overseas assets |
As of 2024–25, the Probate Registry is taking approximately 8–16 weeks to process straightforward applications once submitted. However, the total duration includes valuing the estate, preparing HMRC forms, and (where required) selling property — all of which sit outside the Registry’s control.
Beneficiaries waiting for their inheritance should be aware that delays beyond 12 months are common, and that no funds can be distributed until the Grant is issued.
4What Does Probate Cost?
The Probate Registry charges a flat fee of £273 (2024–25) for estates valued above £5,000. There is no charge for smaller estates. Copies of the Grant are £1.50 each — executors typically request several for banks and other institutions.
Solicitor fees
If a solicitor handles the probate process, fees typically range from 1% to 3% of the estate’s gross value, plus VAT. On a £500,000 estate, that equates to £5,000–£15,000 in legal fees. Some firms charge a fixed fee; others charge hourly.
Inheritance Tax
Inheritance Tax is charged at 40% on the value of the estate above the nil-rate band (£325,000 in 2024–25). The residence nil-rate band provides an additional £175,000 allowance where a main residence is left to direct descendants. Married couples and civil partners can combine their allowances (£1,000,000 total).
Can’t pay IHT from the estate before probate? This is a very common situation. An IHT Direct-to-HMRC loan pays the tax liability directly using the estate’s reference number, with no personal liability on the executor.
5Can I Access Money Before Probate Completes?
In most cases, no — assets held solely in the name of the deceased are frozen until the Grant of Probate is issued. However, there are some exceptions and alternatives:
Exceptions where no grant is needed
- Jointly held bank accounts or property pass directly to the surviving owner.
- Some insurers will release life insurance policies paid directly to a named beneficiary.
- Some banks have a small-estates process for accounts below £5,000–£50,000 (varies by institution).
Beneficiary advance — access up to 50% early
If you are a confirmed beneficiary with a known entitlement, a beneficiary advance (a type of inheritance loan) allows you to access up to 50% of your expected inheritance before probate completes. The advance is repaid from your share of the estate when it is distributed — there are no monthly repayments and no credit checks.
This is particularly useful when a property deposit, debt repayment, care fees, or school fees cannot wait the 6–12 months probate typically takes.
6Frequently Asked Questions
Not always. If the estate is small (under around £5,000), consists entirely of jointly held assets, or includes only assets with named beneficiaries (such as a pension or life insurance), probate may not be required. A solicitor can advise on your specific circumstances.
If someone dies without a valid will (intestate), the estate is distributed according to the rules of intestacy under the Administration of Estates Act 1925. A close relative (usually a spouse, civil partner, or adult child) can apply for Letters of Administration, which functions similarly to a Grant of Probate.
An executor has a legal duty to pay IHT from estate funds. If they distribute the estate before paying IHT and funds later prove insufficient, the executor can be held personally liable. Using an IHT loan that pays HMRC directly ensures this risk never arises.
Probate only affects assets held solely in the deceased’s name. Assets held jointly, or assets with a named beneficiary (such as pension death benefits or life insurance written in trust), typically pass outside of the probate estate entirely.