How to Apply for Probate in England — Online and Paper Forms Explained

Probate in England is the legal process through which an executor is granted formal authority — known as a Grant of Probate — to administer a deceased person's estate. Without it, banks, the Land Registry, investment platforms, and most financial institutions will not release assets held in the deceased's sole name above their internal thresholds.

Before you apply, there is an urgent fee consideration in 2026 that may save you £226.

The Probate Fee Increase on 13 July 2026

The standard HMCTS probate application fee is currently £300 for estates valued over £5,000. From 13 July 2026, this rises to £526 — a 75% increase.

If you can submit your application before July 13, you lock in the £300 rate. Estates valued at £5,000 or less are exempt from the application fee entirely.

At the same time, the cost of obtaining official sealed copies of the Grant of Representation (which you need to send to each financial institution) drops from £16 per copy to £2 per copy. Tactically, this means: submit the application as fast as possible before July 13, but consider delaying your bulk order of copy grants until after the reform if you need many copies — the saving per copy is significant.

Do You Need Probate?

Not all estates require probate. You may be able to avoid it if:

• All assets pass automatically outside the estate (joint tenancy property, pensions with named beneficiaries, life insurance in trust)
• Every financial institution holding sole assets is below its internal threshold
• The estate is very small

However, any sole-name assets above an institution's probate threshold — or any property held in the deceased's sole name or as tenants in common — will require a Grant.

Step 1: Assess Whether Inheritance Tax Applies

Before applying for probate, you must assess the estate's tax position.

Excepted estates (simpler process): If the estate's gross value is under £325,000, or under £650,000 if a transferred nil-rate band is available from a previously deceased spouse, or under £3 million if the entire estate passes to a surviving spouse or registered charity, it is likely an excepted estate. For deaths after 1 January 2022, excepted estates do not require you to complete HMRC inheritance tax forms — you simply declare the estate value within the HMCTS probate application.

Taxable estates (more complex): If the estate exceeds these thresholds or involves trusts, business interests, or foreign domicile, you must complete HMRC Form IHT400 first. Submit it to HMRC, pay any inheritance tax due, and then wait a mandatory 20 working days for HMRC to issue a digital clearance code by letter.

Do not apply for probate until you have received this code. The HMCTS online system will reject any application where the required HMRC code has not been processed. Applying early does not speed anything up — it creates a "stopped" application that then takes an additional 15 to 20 weeks to resolve.

Inheritance tax is due by the end of the sixth month following the death. HMRC charges daily compound interest on late payments.

Step 2: Choose Your Application Method

Online application (recommended): The HMCTS digital probate portal is the fastest route. You apply on the GOV.UK website, upload a scanned copy of the Will, and pay the fee online. For straightforward estates, online applications are currently processed in four to twelve weeks.

Paper application: If the digital route is unsuitable (for example, if you lack access to a scanner or the estate has a complex structure), use:

• PA1P if there is a valid Will (Probate with Will)
• PA1A if there is no Will (Probate — Intestacy)

Paper applications take significantly longer because court staff must manually process the data. Expect sixteen to twenty-four weeks for straightforward paper applications, and longer for complex cases.

The original Will must be submitted with the application — the physical paper document, not a copy. Remember the staples rule: any hole marks or rust marks on the Will trigger a requirement for an Affidavit of Plight and Condition, causing major delays.

Step 3: Pay the Fee and Submit

Current fee: £300 for estates over £5,000. Rising to £526 on 13 July 2026.

Additional copy grants: currently £16 each (dropping to £2 each from 13 July 2026).

Low-income executors may be eligible for a fee exemption or reduction under the Help with Fees scheme (Form EX160). This must be submitted concurrently with the probate application and is assessed on strict income and savings criteria — typically savings under £4,250.

Second applications (for example, if a power-reserved executor later steps in) cost a reduced fee of £21.

Common Causes of Stopped Applications

HMCTS stops applications that are incomplete or premature. The most common causes:

• Applying before the HMRC code is received on taxable estates — the single biggest cause of 15-to-20-week additional delays
• Damaged Will with hole marks or detached pages requiring an affidavit
• Missing executor information or unaccounted-for named executors
• Incomplete asset valuation without supporting evidence
• Errors in the PA1P/PA1A forms — particularly around executors renouncing or reserving power

What Happens After the Grant Is Issued

The Grant of Probate is a sealed court document granting the executor legal authority over the estate. Send official copies to each financial institution, the Land Registry for property matters, and any other relevant body. Most institutions will then action requests within four to eight weeks of receiving the Grant.

Once you hold the Grant, you can collect assets, pay debts, and — after completing the Section 27 creditor advertisement — distribute the estate to beneficiaries.

The England Estate Settlement Guide includes a pre-submission checklist for the online probate portal, step-by-step PA1P and PA1A walkthrough, IHT threshold decision tree, and the tactical timing guide around the July 2026 fee changes. Get the guide

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