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Learn the difference between Grant of Probate and Confirmation, and when you need them.
The terms "probate" and "confirmation" can be confusing. This guide explains what they mean, when you need them, and what the process looks like across all three UK jurisdictions.
Important notice: This guide is for information purposes only. It does not constitute legal advice. For complex estates, including those with business assets, overseas property, contested wills, or potential Inheritance Tax liability, always consult a qualified solicitor or probate professional.
Both are legal documents that prove you have the authority to deal with someone's estate after they die. They are issued by a court and without one, most banks, investment platforms, and conveyancers will refuse to release assets to you.
The difference between "probate" and "confirmation" is primarily one of terminology, shaped by the UK's three separate legal jurisdictions, each of which has its own courts, legislation, and procedures.
The umbrella term is Grant of Representation. The specific type you need depends on whether a valid will exists and whether the named executor can act:
| Grant Type | When Used | Who Applies |
|---|---|---|
| Grant of Probate | Valid will exists; executor(s) named and willing to act | Named executor(s) |
| Letters of Administration (with will annexed) | Valid will exists but no executor can act | Beneficiary (priority order applies) |
| Letters of Administration | No valid will (intestacy) | Next of kin (priority order applies) |
A Grant of Representation confirms your authority to:
If you are named as executor in a will, you take on significant legal responsibility. Your duties include:
Important: Executors can be held personally liable if they distribute assets before all debts and taxes have been settled. If you are uncertain, seek professional advice. Place a statutory notice in The Gazette (under Section 27 of the Trustee Act 1925) to protect yourself against unknown creditors. The notice period is a minimum of two months.
Confirmation is Scotland's equivalent of probate. It is issued by the local Sheriff Court (not an online registry as in England & Wales) and serves the same purpose - giving an executor authority to uplift (collect) and distribute the estate.
Scottish terminology differs from England & Wales:
| Scotland | England & Wales |
|---|---|
| Confirmation | Grant of Representation |
| Executor-Nominate | Executor (named in will) |
| Executor-Dative | Administrator (appointed by court when no will) |
| Certificate of Confirmation | Sealed copy of the grant |
Scotland has two important legal features that do not exist in England & Wales:
Prior Rights (intestacy only): Before the estate is distributed on intestacy, a surviving spouse or civil partner has automatic rights to:
Legitim (Legal Rights): Children, including illegitimate and adopted children, have an automatic right to claim a share of the deceased's net moveable estate (roughly: everything except land and buildings). This cannot be defeated by a will. Children must choose between claiming legitim and taking their gift under the will, they cannot do both. The claim is:
These rights apply even when there is a will. Executors in Scotland must account for them before finalising any distribution.
Northern Ireland's probate process closely mirrors England & Wales but uses its own court, the Probate and Matrimonial Office (PAMO) in Belfast, and its own legislative basis (Administration of Estates Act (NI) 1955).
Key differences:
You will generally need a grant if the estate includes:
You may be able to avoid applying if:
Note: Each bank sets its own threshold independently. You may be able to release one account without a grant while another at a different institution requires one. Always check with each institution before assuming.
1. Register the death You must register within 5 days at the local register office. You will receive a death certificate; obtain multiple certified copies (typically 4–10, depending on the number of institutions you need to notify).
2. Locate and validate the will Check that the will is legally valid: it must be signed by the testator and witnessed by two independent witnesses. The original will must be submitted with your application. Check at home, with the deceased's solicitor, at their bank, or on the National Will Register.
3. Value the estate Calculate the total value of all assets at the date of death (property, bank accounts, investments, vehicles, personal possessions, money owed to the deceased). Deduct all liabilities (mortgage balance, debts, funeral costs). This is the net estate figure used for Inheritance Tax purposes.
4. Complete HMRC Inheritance Tax forms
5. Submit your probate application
EstateCopilot helps you fill in PA1A/PA1P forms using data you've already entered into our system, saving you time.
6. Statement of truth Since November 2020, the formal oath has been replaced by a statement of truth, which most applicants can complete without attending in person.
7. Receive the grant Current processing times are typically 4–16 weeks from the date of application, though complex cases or HMCTS backlogs can extend this. Order certified copies of the grant at the application stage, you will need them to send to banks, insurers, and other institutions.
Application fees (England & Wales, 2024):
| Estate value | Fee |
|---|---|
| £5,000 or under | No fee |
| Over £5,000 | £300 |
| Additional sealed copies | £16 each |
1. Register the death Must be registered within 8 days in Scotland. You will receive an extract death certificate (the Scottish equivalent of a death certificate).
2. Prepare the inventory Complete Form C1 (standard confirmation) or C1(S) (simplified form for small estates under £36,000). The form requires a complete inventory of all assets with values at date of death.
EstateCopilot helps you by auto-filling the C1 form with data you've already entered into our system, saving you time.
3. IHT reporting The same HMRC process applies as in England & Wales (IHT400 for non-excepted estates).
4. Apply to the Sheriff Court Submit the completed C1/C1(S), inventory, death certificate, will (if applicable), and court fee to the local Sheriff Court in the area where the deceased was resident.
5. Receive Confirmation The court issues the Confirmation document, which lists all assets. For individual assets, the court also issues a Certificate of Confirmation, useful for uplifting specific accounts or shareholdings without presenting the full confirmation document each time.
Application fees (Scotland, 2024):
| Estate type | Fee |
|---|---|
| Small estate (C1(S), under £36,000) | No fee |
| Standard confirmation | ~£341 (based on net estate value bands — check current Sheriff Court fee schedule) |
1. Register the death, within 5 days at a local District Registration Office.
2. Locate will and value estate, same process as England & Wales.
3. Complete IHT reporting, same HMRC forms and process as the rest of the UK.
4. Apply to PAMO, submit application with original will, death certificate, and completed NIPA1 or NIPA1A to the Probate and Matrimonial Office, Belfast. Applicants may be required to attend in person to be sworn in.
5. Receive the grant, PAMO issues the Grant of Probate or Letters of Administration.
Application fees (Northern Ireland, 2024):
| Estate value | Fee |
|---|---|
| £10,000 or under | No fee |
| Over £10,000 | £261 |
When someone dies without a valid will, the Intestacy Rules (Administration of Estates Act 1925, as amended) determine who inherits:
| Surviving relatives | Who inherits |
|---|---|
| Spouse/civil partner only (no children) | Everything |
| Spouse/civil partner + children | Spouse receives personal possessions + statutory legacy of £322,000 + half of the remainder; children share the other half equally |
| Children only (no spouse/civil partner) | Children share equally |
| No spouse or children | Parents → siblings → half-siblings → grandparents → aunts/uncles → half-aunts/uncles → Crown (bona vacantia) |
Critical point for cohabiting couples: A partner you live with but are not married to or in a civil partnership with has no automatic right to inherit under intestacy, regardless of how long you have been together. Making a will is the only way to protect an unmarried partner.
Children's shares are held on statutory trust until age 18. The statutory legacy of £322,000 is reviewed periodically, check gov.uk for the current figure.
Scottish intestacy rules apply after prior rights have been satisfied (see above). The distribution of the remaining estate broadly follows:
| Surviving relatives | Who inherits (after prior rights) |
|---|---|
| Spouse/civil partner + children | Each group takes one-third; final third split equally between both groups |
| Spouse/civil partner only | Half to spouse/civil partner; half to collaterals (siblings etc.) or parents |
| Children only | Whole estate |
| No spouse or children | Parents → siblings → grandparents → aunts/uncles → remoter relatives → Crown (ultimus haeres) |
Rules are very similar to England & Wales (sharing the same legislative lineage). Check the current statutory instrument for the specific Northern Ireland statutory legacy figure, as it may differ slightly from the England & Wales figure.
Inheritance Tax (IHT) is UK-wide, administered by HMRC and applying identically across all three jurisdictions.
Far fewer families than you might expect. Only around 4% of UK estates pay any Inheritance Tax (HMRC 2023 data). The majority of estates, especially those passing between spouses, are either below the threshold or fully exempt.
Key exemptions:
An estate is an excepted estate (requiring only a simplified return) if all of the following apply:
If any condition is not met, the full IHT400 form and relevant schedules must be completed and submitted to HMRC before probate can be granted.
Upcoming change: From April 2027, unused pension funds and death benefits may be brought into the IHT estate. This is currently under consultation. If the estate includes significant pension savings, seek professional advice on the latest position. See HMRC guidance for updates.
| Jurisdiction | Typical timeframe |
|---|---|
| England & Wales | 4–16 weeks after application |
| Scotland | 4–8 weeks after application |
| Northern Ireland | 8–12 weeks after application |
Delays can occur where:
| Milestone | Deadline |
|---|---|
| Register death (England & Wales / Northern Ireland) | 5 days |
| Register death (Scotland) | 8 days |
| IHT payment due (all jurisdictions) | End of the sixth month after the month of death |
| Executor's year (E&W) | 12 months, residuary beneficiaries cannot demand distribution before this |
| Deed of Variation | Within 2 years of death (if beneficiaries wish to redirect their inheritance for tax purposes) |
| Section 27 Gazette notice period | Minimum 2 months |
Once you have probate or confirmation, estate administration begins in earnest:
1. Collect assets Send certified copies of the grant to each institution. In Scotland, use the Certificate of Confirmation for individual assets. Banks release funds, investment platforms transfer or liquidate holdings, and pension providers pay death benefits. Money should be transferred into a separate bank account used purely for the estate - some banks offer these.
2. Pay liabilities Pay in this order: funeral costs first, then secured debts (mortgage), then unsecured debts (credit cards, loans, utility arrears), then any HMRC income tax or capital gains tax owed for the year of death. Do not distribute to beneficiaries until all known liabilities are settled, executors are personally liable for distributions made prematurely.
3. Submit final tax returns File the deceased's income tax return for the period from 6 April to the date of death. Any capital gains arising during the administration period (assets sold above their probate value) may be subject to Capital Gains Tax, the estate has a CGT annual exemption in the year of death and the two following years.
4. Prepare estate accounts Although not legally required for simple estates, detailed accounts recording all assets, liabilities, income during administration, and distributions are strongly recommended. Beneficiaries are entitled to request them, and they provide important protection if any dispute arises later. EstateCopilot generates complete estate accounts from it's online ledger.
8. Distribute the estate Distribute legacies (specific cash gifts in the will) and then the residuary estate to beneficiaries in accordance with the will or intestacy rules. Obtain signed receipts from each beneficiary. Legacies unpaid after 12 months from the date of death attract interest at the statutory rate.
9. Retain records Keep all estate records for at least 12 years from the date of the grant (the limitation period for potential claims).
Defined contribution pensions, personal pensions, and SIPPs generally do not form part of the estate for probate purposes. They are paid at the discretion of the pension provider, guided by the expression of wishes (nomination form) the deceased completed during their lifetime. Executors should notify the pension provider promptly and confirm any lump sum arrangements.
As executor, you take on personal legal liability. Key steps to protect yourself:
EstateCopilot offers huge savings when compared to solicitor fees. Where you're considering a DIY approach to probate, EstateCopilot offers the tools you need to complete the whole estate administration process with ease.
Consider doing it yourself if:
EstateCopilot guides you through step-by-step and is always updated with the latest information in inheritance tax and probate processes.
Use a solicitor if:
Hybrid approach: Many executors handle straightforward tasks themselves and bring in a solicitor only for specific issues, such as property transfers or complex IHT calculations. Work started in EstateCopilot can easily be handed off to a solicitor if needed.
This guide was last reviewed in 2026. IHT thresholds are frozen until April 2028. Significant reforms are pending — including potential inclusion of pension assets in IHT estates from April 2027. Always check current HMRC guidance and seek professional advice for complex estates.