Probate UK: Executor's Guide to the Process (2026)

Overview

Probate is the formal permission given by the Probate Registry that allows an executor named in a will to deal with what the person who died owned. That grant of probate is the document banks, conveyancers, and share registrars will want to see before they release money, transfer property, or let you close accounts in the deceased's name.

Without it, most institutions simply will not engage with you for amounts over a modest threshold. Where the person died without leaving a valid will, the estate is dealt with under what are known as the intestacy rules. In that situation a close relative typically applies for letters of administration rather than a grant of probate, and the estate passes to family members in a fixed statutory order.

The practical work involved looks similar in both cases: gathering information, valuing assets, settling debts and tax, and then distributing what remains to the people legally entitled to receive it.

Key steps

1. Find the will and confirm who is acting. Start by locating the most recent will, checking it has been properly signed and witnessed, and identifying the executors named in it. If there is no will, work out who has priority to apply for letters of administration under the intestacy rules. This is also the moment to register the death and order several certified copies of the death certificate, since you will need them repeatedly.
2. Build a full picture of the estate. Write to banks, building societies, pension providers, investment platforms, insurers, and utility companies to obtain date-of-death valuations. Get property valued by a qualified surveyor or estate agent. List all debts too, including credit cards, loans, unpaid bills, and any funeral costs already incurred. This inventory underpins everything that follows, so take your time getting it right.
3. Deal with inheritance tax before you apply. Depending on the size and makeup of the estate, you may need to submit inheritance tax forms to HMRC and pay at least some of the tax due before probate can be issued. The rules on thresholds, the residence nil-rate band, and transfers between spouses can get technical, so this step often benefits from careful checking against current HMRC guidance.
4. Apply for the grant. Once the tax position is clear, submit the probate application online or by post, along with the original will and any required inheritance tax confirmation. A court fee applies, with additional charges for extra sealed copies, which are genuinely useful because different institutions will each want their own. Check gov.uk for current fees before you send anything off.
5. Administer the estate and distribute it. With the grant in hand, close accounts, sell or transfer property, settle remaining debts and final tax returns, and prepare estate accounts showing what came in and what went out. Only then should you pay the beneficiaries. Many executors wait a minimum period after placing statutory notices before making final distributions, to protect themselves against unknown creditors.

Common questions