Knowing what documents you need for probate before you start can save weeks of delay and several rounds of frustrating correspondence. The Probate Registry and HMRC each have their own requirements, and the asset holders — banks, pension providers, share registrars — will each want their own paperwork as well. The good news is that the core list is fairly short and most documents can be gathered in the first two or three weeks. Here we explain exactly what documents you need for probate and how to obtain them.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
The original will
The single most important document is the original signed will. The Probate Registry will not accept a copy except in unusual circumstances and even then with sworn evidence about what happened to the original. Check the deceased’s home, their solicitor, their bank’s safe custody and the National Will Register before assuming there is no will.
The will must comply with the Wills Act 1837 — signed by the testator and witnessed by two independent witnesses. Any handwritten amendments or codicils must also be original. Do not staple, paperclip or unfold the will as the Registry will ask about any marks or holes that suggest something was once attached.
Death certificate
You will need several certified copies of the death certificate, not photocopies. Each asset holder typically wants one and will return it. Order at least six certified copies from the Register Office at the time of registration — they cost around £12.50 each and are much cheaper at registration than ordered later.
The Tell Us Once service offered by most Register Offices notifies HMRC, DWP, DVLA, the passport office and the local council simultaneously. This is a free service and worth using.
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Asset and liability information
Before applying for probate you need a clear picture of what the estate consists of. Write to every bank, building society, pension provider, insurance company, share registrar and any other institution holding an asset. Ask each for a written statement of the balance or value as at the date of death.
For property you will need the title deeds or a copy of the title from the Land Registry. If the deceased owned shares, you may need to consult several registrars — Equiniti, Computershare and Link Group between them administer most listed UK shares.
Tax forms
For estates below the inheritance tax threshold and meeting the excepted estate criteria, the short form IHT205 is no longer required for deaths after 1 January 2022 — the relevant information is given directly on the probate application. For larger or more complex estates the IHT400 form must be completed and submitted to HMRC before applying for probate.
2026 thresholds remain £325,000 nil-rate band plus up to £175,000 residence nil-rate band. The combined maximum is £500,000 per person, or £1 million for a married couple with full transferable allowances. Tax above the threshold is charged at 40% under the Inheritance Tax Act 1984. You can use the GOV.UK probate service to check current requirements.
The probate application itself
The application is now made online for most estates via the GOV.UK probate service. You will need to upload or send in the original will, an official copy of the death certificate, the HMRC reference number where applicable, and pay the £300 court fee for estates over £5,000. The fee is nil for smaller estates.
For more on the practical steps see our probate process guide and our overview of probate costs.
Documents to keep for the estate accounts
Throughout the administration keep copies of everything — bank statements, valuation letters, sale completion statements, correspondence with HMRC. At the end you will prepare estate accounts showing what came in, what went out and what each beneficiary is to receive. The Trustee Act 2000 requires executors to keep proper records and beneficiaries are entitled to see them.
Frequently Asked Questions
What documents do you need for probate in 2026?
The core documents are the original will, the death certificate, written valuations of every asset and liability and the relevant HMRC tax form where required. You also need the £300 court fee for estates over £5,000.
Can I apply for probate without the original will?
Only in exceptional circumstances and with sworn evidence about what happened to the original. Always check the deceased’s home, solicitor and bank’s safe custody before assuming the original is lost.
How many death certificates do I need for probate?
Most estates need between four and six certified copies. Each asset holder typically wants one and will return it. Order extras at registration as they are cheaper at that point.
What documents does HMRC need for probate?
For taxable estates HMRC requires the IHT400 with relevant schedules and supporting valuations. For excepted estates the information is given directly on the probate application without a separate HMRC form.
Do I need original documents or copies for probate?
The will must be original. The death certificate must be a certified copy from the Register Office rather than a photocopy. Most other documents can be copies but keep originals safe for later requests.
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Written by Simon Jenkins, solicitor and director of Curtis Legal Limited (SRA 167489)
