This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to how probate applications are reviewed in England and Wales. Learn what the courts check, how HMCTS assesses grants of probate and letters of administration, common causes of delays, and practical steps to support a smooth review process.
When an executor or administrator applies for probate in England and Wales, the courts do not issue a grant of probate automatically. The Probate Service, run by His Majesty's Courts and Tribunals Service (HMCTS), reviews each application to ensure it is legally sound and accurate before granting authority to administer the deceased's estate. This article explains how that review process works, what courts and tribunals check, common causes of delay, and practical steps applicants can take to navigate the system effectively.
What a Probate Application Involves
A probate application is the request submitted by an executor (named in a will) or an administrator (where there is no will) for a grant of probate or letters of administration. These legal documents confirm that the applicant has the power to collect and manage the deceased's assets, pay debts and taxes, and distribute the estate according to the will or the rules of intestacy.
Even when submitted correctly, probate applications do not proceed automatically; they undergo review by the Probate Service staff who act on behalf of the courts to check that all legal requirements have been met before a grant can be issued.
Who Reviews Probate Applications?
Probate applications are handled centrally by HM Courts and Tribunals Service, primarily under the Probate Service. Applications may be submitted online using the MyHMCTS platform or by post where online is not appropriate. The Probate Service assesses applications on behalf of the courts and tribunals rather than the applicant submitting them directly to a local court.
The review process ensures compliance with statutory and procedural requirements before the appropriate court registry issues a grant of probate or letters of administration.
What the Court Reviews During Probate Applications
1. Eligibility and Legal Authority
The first key check is whether the applicant is legally entitled to apply. If there is a valid will, executors named in that will have priority; where there is no will, the application must be made under the rules of intestacy by a close relative. The Probate Service checks that the applicant's status is correct before proceeding.
2. Accurate Estate Valuation and Inheritance Tax Reporting
A core part of the application is providing accurate values for the estate's assets and liabilities. If the estate exceeds the Inheritance Tax (IHT) threshold, the applicant must submit an IHT400 form to HM Revenue & Customs (HMRC) and obtain a unique code (often known as an IHT421 acknowledgement) before applying for probate. The Probate Service will check that this code has been provided and that tax reporting is adequate before issuing a grant.
3. Supporting Documents and Legal Statements
Probate applications must be accompanied by supporting documentation, including the original will (if applicable), death certificate and evidence of identity. Where executors decline their entitlement, written declarations must accompany the application. The review includes verification that all necessary documents are present and legible.
4. Condition and Authenticity of the Will
The Probate Service also examines the condition and integrity of the will. If the will is damaged, altered, or unclear, caseworkers may “stop” the application and request further information to ensure the document is authentic and properly executed. Stops and review requests are part of ensuring legal validity and preserving the integrity of the estate administration process.
What Happens After the Initial Review
Once the Probate Service has reviewed the application:
- If everything is in order, they issue the grant (probate or administration) and send it to the applicant or their representative. The original will and codicils are retained as public record where applicable.
- If the application lacks required information or documentation, HMCTS will place it in a “stopped” queue and contact the applicant to request further evidence or clarification. This can extend processing times.
- The review may also identify issues with inheritance tax forms, missing executors, or discrepancies in asset valuation, in which case additional submissions are needed.
Common Reasons Applications Are Stopped or Delayed
Missing or Incorrect Information
Incomplete or inaccurate applications are the most frequent cause of delays. Common issues include mismatched names between the application and the will, absent co‑executors on the form, lack of original documents, or unclear legal statements.
Inheritance Tax Processing
If a probate application is submitted before HMRC has processed the IHT400 and issued the IHT421 code, the Probate Service cannot match the application and must pause it until the tax information is reconciled. Applicants are typically advised to allow a period before applying to reduce these “stops”.
Queries About Executors or the Will
Applications may be paused if executors are deceased or omitted without explanation, or where there are queries about the will's legitimacy or physical condition. HMCTS caseworkers need clarification before they can proceed to grant probate.
Timing and Outcomes of the Review Process
Processing times vary depending on complexity and completeness. For straightforward digital applications that are not stopped, grants can issue in a matter of weeks. Historical data suggests digital applications without stops average under two months, but stopped or complex cases can extend significantly.
After the review, if a grant is issued, the applicant receives a formal document authorising them to collect assets and administer the estate. If the application cannot be perfected, HMCTS will return it with instructions on required actions.
Practical Steps to Support a Smooth Review
Prepare Complete Documentation
Ensure that all essential paperwork, including original wills, codicils, death certificates, and supporting financial records, are included and accurately referenced in the application.
Allow Time for Tax Processing
Submit the IHT400 to HMRC with sufficient lead time before filing the probate application so that the IHT421 acknowledgement can be matched quickly by HMCTS.
Use MyHMCTS Prompts and Guidance
If applying online through MyHMCTS, use the platform's coversheets and prompts to check that documents and information are correctly attached. This reduces the chance of stops and delays.
Common Questions
Can an application be rejected outright?
Yes, if legal requirements are not met and requested documentation is never provided, HMCTS can refuse to issue a grant, although in practice it typically pauses the application and requests clarification.
Is the review process the same for paper and online applications?
The legal standards are the same, but online (MyHMCTS) applications tend to be processed faster and with clearer feedback loops for missing information.
Can I check the status while the application is under review?
Yes. Applicants can track progress through MyHMCTS for online submissions, and enquiries can be made to the Courts and Tribunals Service Centre for both paper and online cases.
Key Takeaways
In England and Wales, the courts (via HMCTS's Probate Service) scrutinise probate applications to ensure they meet statutory and procedural requirements before issuing grants of probate or letters of administration. This involves checking eligibility, inheritance tax reporting, supporting documentation, and the authenticity of wills. Applications may be delayed or stopped where information is missing or unclear, but careful preparation and use of online tools can help expedite review. Understanding how the review works and what factors affect it helps applicants manage expectations and reduce frustration during estate administration.
