What probate is and when it is needed
Probate is the legal confirmation of an executor's authority to deal with a deceased person's estate. Where there is a will, the court issues a grant of probate. Where there is no will, the court issues letters of administration to the next of kin. Both documents are referred to collectively as "a grant of representation."
Not every estate requires probate. Small estates, or estates consisting entirely of jointly owned assets (which pass automatically by survivorship), often do not need a formal grant. Banks and financial institutions each set their own threshold -- typically between £5,000 and £50,000 -- above which they require sight of the grant before releasing funds. Land Registry always requires a grant to register a transfer of property.
If the deceased owned property in their sole name, a grant of probate is almost always required. For most London estates, probate is unavoidable.
Legal note: Probate jurisdiction in England and Wales is exercised by the Family Division of the High Court under Part 57 of the Civil Procedure Rules 1998 and the Non-Contentious Probate Rules 1987. Applications are made to HMCTS through the online probate service or on paper using form PA1P (with a will) or PA1A (without a will).
The probate application process
The executor (or applicant for letters of administration) must first prepare a full account of the estate -- all assets and their values at the date of death, and all liabilities. For most London estates this includes property valuations, bank and investment account balances, pension fund values (if a death benefit is payable to the estate), and details of any gifts made in the seven years before death.
Where the estate is subject to inheritance tax, form IHT400 must be completed and submitted to HMRC. Any IHT due must be paid (or at least the first instalment in the case of property) before HMRC issues a receipt that accompanies the probate application. This creates the well-known probate catch-22 for illiquid estates: IHT must be paid before the grant is issued, but the assets typically cannot be sold without the grant.
The probate application itself is made online via the HMCTS probate service at probate.service.gov.uk, or on paper. The original will and death certificate must be submitted. HMCTS will issue the grant once satisfied that the application is complete and any IHT has been accounted for.
Legal note: The probate fee is set by the Probate Fees Order 2021: £300 for estates over £5,000, reduced to nil for estates of £5,000 or less. Certified copies of the grant cost £1.50 each. The online probate service was made available as the primary route for personal applications following the Courts and Tribunals Service's digital reform programme.
Probate fee estimator
HMCTS court fee: £300 for estates over £5,000. Professional fees: typically 1-2% of estate value.
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Inheritance tax and the probate catch-22
For London estates where the bulk of the value is in property, the IHT payment requirement before probate creates a significant practical problem. The executor cannot sell the property without the grant, but cannot obtain the grant without paying the IHT -- which may be several hundred thousand pounds.
The solutions available include: using funds from accessible accounts (savings, investment ISAs) to pay the IHT; applying for a grant on credit from a bank or specialist probate lender; paying IHT on property by instalments (ten annual payments, with interest on the outstanding balance); or using a Direct Payment Scheme, which allows banks to transfer funds directly to HMRC from the deceased's accounts before probate is granted.
Advance planning significantly reduces this problem. Life insurance held in trust (so it pays outside the estate, bypassing probate and providing immediate cash) is one of the most effective tools. A solicitor reviewing the estate plan in advance can identify the IHT liability and structure assets to make the payment manageable.
Legal note: Payment of IHT on land and buildings by instalments is permitted under s.227 of the Inheritance Tax Act 1984. Interest accrues on unpaid instalments under s.233. The Direct Payment Scheme operates under informal HMRC and banking industry agreements, not primary legislation.
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Executor duties and personal liability
Once the grant of probate is issued, the executor has full authority to collect assets, pay debts, and distribute the estate. This includes collecting all bank accounts, claiming life insurance proceeds, selling or transferring property, and filing any outstanding tax returns on behalf of the deceased.
Executors have personal liability for errors. An executor who distributes the estate before paying all debts -- including unknown creditors -- can be personally liable to those creditors. An executor who fails to account for tax correctly can be liable for penalties. Advertising for creditors in the London Gazette and a national newspaper provides protection under the Trustee Act 1925 s.27.
For complex estates, professional probate support removes this personal liability risk and speeds the administration. Our probate support service connects executors with vetted probate professionals across London.
Legal note: Executor liability to unknown creditors is governed by s.27 of the Trustee Act 1925, which provides protection to executors who advertise in the prescribed manner before distributing the estate. The limitation period for creditor claims against estates is six years for most claims under the Limitation Act 1980.
London-specific probate complexity
London estates introduce probate complexities that rarely arise elsewhere. Leasehold properties require engagement with freeholders and managing agents -- ground rent arrears and service charge disputes must be resolved before sale. Help to Buy equity loans require notification and repayment on sale. Overseas assets require separate legal processes in the relevant jurisdiction.
High-value estates above £2,000,000 face the RNRB taper, meaning the IHT calculation becomes more complex. Estates with business assets may qualify for business property relief, which reduces the taxable value but requires careful documentation and specialist review.
Timeline expectations for London estates should be realistic. A straightforward estate with a clean title, no IHT, and willing beneficiaries might complete in 4-6 months. An estate with property, IHT, overseas assets, and multiple beneficiaries routinely takes 12-24 months.
Probate in London -- A Step by Step Guide -- common questions
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