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Applying for Probate — A Step-by-Step Guide

Probate is the legal process that gives you the authority to deal with a deceased person's estate. In England and Wales, the executor named in the will must apply to the Probate Registry for a Grant of Probate. If there is no will, the closest living relative applies for Letters of Administration instead.

What You Will Need

• The original will (and any codicils)
• The original death certificate (order several copies)
• A completed inheritance tax form (IHT205 or IHT400)
• Details of all assets and liabilities of the estate
• The probate application form (PA1P for estates with a will, PA1A without)

Current Processing Times

From the date your application is submitted to the Probate Registry, you should expect to wait approximately 14–20 weeks for the Grant of Probate to be issued. Before you can apply, you will need to value the estate and deal with HMRC, which typically adds a further 4–12 weeks. Most families receive the Grant of Probate around 6–12 months after the date of death.

Do You Need a Solicitor?

You do not legally need a solicitor to apply for probate — you can apply yourself online via HMCTS. However, for complex estates, where Inheritance Tax is involved, or where there is no valid will, professional legal advice is strongly recommended. Our independent SRA-registered solicitor offers a free initial consultation to help you decide.

Inheritance Tax — What You Need to Know

Inheritance Tax (IHT) is a tax on the estate of someone who has died. It applies to the total value of their assets — property, savings, investments and personal possessions — above a certain threshold.

The Key Thresholds

• Nil-rate band: The first £325,000 of an estate is taxed at 0%
• Residence nil-rate band: An additional £175,000 allowance if the main home is left to direct descendants
• Combined allowance: Up to £500,000 per person, or £1 million for a married couple
• Tax rate: 40% on the value above the threshold

The 6-Month Deadline — Critical

Inheritance Tax must be paid to HMRC within 6 months of the date of death. This is an absolute deadline. HMRC charges interest on any unpaid amount after this point — even if probate has not yet been granted and even if the property has not sold. This is one of the most important reasons to act quickly after a bereavement.

How to Reduce Your IHT Liability

• Make use of all available allowances, including the residence nil-rate band
• Claim the transferable nil-rate band from a deceased spouse or civil partner
• Consider charitable legacies — gifts to charity reduce the taxable estate
• Get the property professionally valued — an accurate probate valuation is essential

Selling a Probate Property — Your Complete Guide

One of the most common questions executors and beneficiaries ask is: when can we sell the property? The answer is more straightforward than many people realise — and selling quickly is often the smartest financial decision.

Can You Sell Subject to Probate?

Yes — and this is something many people are not aware of. You can market the property, receive offers and agree a sale before probate is granted. What you cannot do is exchange contracts or legally complete the sale until the Grant of Probate is in your hands. This means you can start the process immediately, have everything in place, and complete within days of the Grant being issued.

Selling subject to probate is an accepted and widely used approach. Estate agents, solicitors and cash buyers all work this way. It can save weeks or even months compared to waiting for probate before you begin.

Your Three Options

• Estate agent: Takes 6–12 months on average. Fees of 1–3% plus solicitor costs. Sale not guaranteed — can fall through at any stage.
• Property auction: Faster than an estate agent but still requires probate before completion. Auctioneer fees typically 1.5–2.5%. No guarantee of achieving the right price.
• ★ Direct cash buyer: Can agree a sale subject to probate and complete within 7–28 days of the Grant being issued. Zero fees to the seller. Sale 100% guaranteed.  Find out more →

Selling for Cash — Subject to Probate

Probate Property Buyers Limited is a specialist cash buyer of inherited and probate properties across England and Wales. We work subject to probate — meaning we agree the purchase price now, prepare all the legal groundwork, and complete the moment your Grant of Probate arrives. Our independent SRA-registered solicitor can also assist you with the probate application itself.

No Will — Understanding Intestacy Rules

When someone dies without leaving a valid will, they are said to have died intestate. The intestacy rules — set out in the Administration of Estates Act 1925 — determine who has the right to administer the estate and who inherits from it.

Who Inherits Under Intestacy?

• Married spouse or civil partner: All personal possessions, the first £322,000, then half of the remainder
• Children: Half the remainder above £322,000, shared equally between them
• Parents: Entire estate if no spouse or children survive
• Siblings, grandparents, aunts and uncles: Further down the hierarchy
• Unmarried partners: Nothing at all — regardless of how long the relationship lasted

What Are Letters of Administration?

Without a will, there is no named executor. Instead, the person with the right to administer the estate must apply to the Probate Registry for Letters of Administration — the intestacy equivalent of a Grant of Probate. The right to apply follows the same hierarchy as the inheritance rules above.

Can You Sell the Property Under Intestacy?

Yes — once Letters of Administration have been granted. Just as with probate, you can agree a sale subject to the grant being issued, prepare all legal paperwork in advance, and complete very quickly once it arrives. Probate Property Buyers Limited works with many intestacy situations and can guide you through the process from the very beginning.

Capital Gains Tax on Inherited Property

Capital Gains Tax (CGT) is one of the most misunderstood aspects of selling an inherited property. Many people worry unnecessarily — or worse, are caught off guard when a bill arrives.

When Does CGT Apply?

You do not pay CGT simply because you have inherited a property. CGT only becomes relevant when you sell, and only if the property has increased in value between the date of death (the probate value) and the date you sell it.

How Is the Gain Calculated?

• Sale price minus the probate value = your gross gain
• Deduct allowable costs — solicitor fees, estate agent fees, improvement works
• Deduct your annual CGT allowance (currently £3,000 per person)
• The remainder is taxed at 18% (basic rate) or 24% (higher rate) for residential property

How to Reduce Your CGT Liability

• Sell quickly. The longer you hold the property, the more opportunity for a gain to accumulate. Selling subject to probate and completing quickly minimises this window.
• Use multiple allowances. Each beneficiary has their own annual CGT exemption — splitting ownership can significantly reduce the overall bill.
• Get the probate valuation right. A higher probate value means a smaller taxable gain. Use a qualified RICS surveyor.
• Deduct all allowable costs. Legal fees, agent commissions and improvement costs all reduce your gain.

Family Disagreements — Executor Rights and Disputes

Dealing with a loved one's estate can bring families together — but it can also bring longstanding tensions to the surface. Disagreements between beneficiaries about whether to sell, what price to accept, or how the estate should be divided are surprisingly common.

Can an Executor Sell Without All Beneficiaries Agreeing?

Yes. As the executor, you have a legal duty to administer the estate in the best interests of all beneficiaries — but you do not need unanimous agreement from them to sell the property. Your authority comes from the Grant of Probate, not from the consent of the beneficiaries. However, if beneficiaries feel you are acting improperly, they can apply to the court to have your actions reviewed.

What If a Beneficiary Refuses to Cooperate?

If a beneficiary is obstructing the administration of the estate — for example, refusing to vacate the property — the executor can apply to the court for an order compelling cooperation. This is a last resort but it is available.

Contested Wills

If a beneficiary believes the will is invalid — because the deceased lacked capacity, was unduly influenced, or the will was not properly executed — they can contest it. Contesting a will requires legal action and should be considered carefully. Our solicitor can advise on the merits of a challenge and the likely costs involved.

How We Can Help

Our independent SRA-registered solicitor has extensive experience navigating complex family situations sensitively and professionally. Early legal advice almost always reduces conflict and speeds up the overall process. We can also provide a cash offer for the property that gives all beneficiaries a guaranteed, agreed outcome.