To apply for a Grant of Probate in England and Wales, executors submit form PA1P (where there is a will) through the MyHMCTS online portal, pay a £300 court fee for estates above £5,000, and sign a statement of truth. Before submitting, the estate must be valued and — where inheritance tax is payable — the IHT400 must be submitted to HMRC and any tax due paid. HMCTS processes online applications in approximately 12 weeks. This guide covers every stage of the process.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
Which Form Do You Need?
- PA1P — used when there is a will and you are applying for a Grant of Probate
- PA1A — used when there is no will and you are applying for Letters of Administration
Both forms are available through the GOV.UK probate guidance and through the MyHMCTS online portal. The online portal guides you through the questions step by step and is significantly faster to process than a paper application.
How to Apply for a Grant of Probate in the UK
Step 1: Value the Estate
Before completing the HMRC forms, you need a full valuation of the estate at the date of death. This includes: property (using a RICS-qualified surveyor); bank and building society accounts (written date-of-death balance from each institution); investments and shares (date-of-death values from the registrar or broker); life insurance policies not written in trust; personal possessions of significant value; and outstanding debts — mortgage, credit cards, loans, utility bills, funeral costs — which reduce the net estate value. Allow two to four weeks for banks to respond and one to two weeks for property valuations from instruction.
Step 2: Complete the HMRC Inheritance Tax Forms
Simple Estates — Online Estate Report
Where the estate is clearly below the inheritance tax threshold — the £325,000 nil-rate band, or up to £500,000 where the residence nil-rate band of £175,000 applies — most executors can complete an online estate report through the MyHMCTS probate portal without a separate IHT400 submission to HMRC.
Complex or Taxable Estates — IHT400
Where the estate is above the threshold, involves business or agricultural property, foreign assets, trusts, or lifetime gifts within seven years of death, form IHT400 must be completed with the relevant supplementary schedules and submitted directly to HMRC. HMRC will issue a receipt used as part of the probate application. The IHT400 must be submitted within 12 months of the end of the month of death.
Step 3: Pay Any Inheritance Tax Due
Inheritance tax must be paid by the end of the sixth month after the month of death. Three practical routes: the Direct Payment Scheme (IHT423) allows the deceased’s bank to pay HMRC directly from estate accounts before the Grant is issued; the instalment option allows tax attributable to property to be paid over up to 10 years; or a specialist IHT loan can bridge the gap. See our full guide on paying inheritance tax before probate.
Step 4: Submit the Probate Application
Online via MyHMCTS (Recommended)
Complete the PA1P questions online, upload supporting documents including the original will, and pay the court fee digitally. Online applications are processed in approximately 12 weeks. Paper applications take considerably longer and should be avoided unless online submission is genuinely not possible.
The Court Fee
The probate court fee is £300 for estates valued above £5,000. No fee for estates of £5,000 or below. Additional sealed copies of the Grant cost £1.50 each — you will need several, as most banks, the Land Registry, and other institutions require an original sealed copy each.
The Statement of Truth
Each applying executor signs a statement of truth — a formal declaration that the information provided is accurate and complete. This replaced the requirement to attend court and swear a formal oath in 2020. Making a false statement of truth is a criminal offence.
Step 5: After Submission — Tracking and Requisitions
Online applications can be tracked through the MyHMCTS portal. HMCTS may raise requisitions — formal queries requiring a response before processing can continue. Common reasons include discrepancies in the estate valuation, questions about the will’s execution, or missing documents. Respond to requisitions promptly — every day of delay extends the time before the Grant is issued. See our guide on how to track a probate application.
Step 6: The Grant Is Issued
When HMCTS is satisfied, it issues the Grant of Probate. You receive the original Grant plus the number of sealed copies you requested. Executors can then collect assets, close accounts, sell investments, transfer or sell property, and pay debts. See our overview of what probate is for a summary of the full administration process that follows.
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Common Mistakes When Applying for a Grant of Probate
- Submitting the wrong form — PA1P is for estates with a will; PA1A is for intestacy
- Incomplete IHT forms — omitting assets or failing to include lifetime gifts can result in HMRC penalties
- Missing will pages or alterations — any alteration to the original will must be explained
- Applying before IHT is dealt with — HMCTS requires the inheritance tax position to be resolved before issuing the Grant
- Using paper when online is available — paper applications are significantly slower
Frequently Asked Questions
How long does HMCTS take to process a Grant of Probate application?
GOV.UK states that online applications take approximately 12 weeks to process. Paper applications take longer. Applications that attract a requisition are paused until the query is resolved. Using MyHMCTS online is the fastest available route.
Do I need a solicitor to apply for a Grant of Probate?
You are not legally required to use a solicitor. However, errors in the IHT400, incomplete valuations, or problems with the will can result in delays, HMRC penalties, or personal liability. For estates with inheritance tax, business assets, foreign property, or any complication, specialist advice is usually cost-effective.
What is the statement of truth in probate?
The statement of truth is a formal declaration signed by each applying executor confirming that the information in the application is accurate and complete. It replaced the sworn oath that was previously required in court. Signing a false statement of truth is a criminal offence.
What is a requisition in probate?
A requisition is a formal written query raised by HMCTS when they require additional information before they can proceed. The application is paused until the requisition is resolved. Common causes include discrepancies in the estate value, questions about the will’s validity, and missing documentation.
How many sealed copies of the Grant do I need?
Most executors need between five and ten sealed copies. Each major bank, the Land Registry, HMRC, and any investment platform will typically require one original sealed copy each. Sealed copies cost £1.50 each and are far cheaper to order upfront than to request additional copies later.
Can I apply for probate if I am not in the UK?
Yes. Executors based overseas can apply through MyHMCTS. Specialist probate solicitors can handle the entire process remotely without requiring you to travel to England and Wales. Curtis Legal regularly acts for overseas executors administering English estates.
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