What Is Probate and When Do You Need It

What Is Probate?

Probate is the legal process that gives a named person the authority to deal with a deceased person's estate — their property, money, possessions, and debts. The term "probate" technically refers to the proving of a will, but it is widely used to describe the entire process of administering an estate after death.

When a person dies leaving a will, the person named as executor applies to the court for a Grant of Probate, which officially confirms their authority to act. When a person dies without a will (intestate), the next of kin applies for Letters of Administration, which gives them equivalent authority. Both documents are sometimes collectively referred to as a "grant of representation."

When Is Probate Required?

Probate is not required in every case. Whether you need it depends primarily on the nature and value of the assets in the estate.

Probate is generally required when:

• The deceased owned property (a house, flat, or land) in their sole name
• The deceased had sole bank or savings accounts above an institution's threshold (typically £5,000–£50,000 depending on the bank)
• The deceased had investments or shares in their sole name
• The estate is complex, with multiple assets or beneficiaries

Probate is generally not required when:

• Assets were held jointly (e.g., a joint bank account or jointly owned property) — these pass automatically to the surviving owner by the rule of survivorship
• The estate is very small (below the institution's individual threshold for releasing funds without probate)
• Assets were held in trust and pass directly to the beneficiaries of the trust
• Life insurance policies are held in trust (the proceeds pass outside the estate)
• Pension funds (which typically have a nominated beneficiary and also pass outside the estate)

Each bank, building society, and financial institution sets its own threshold for releasing funds without probate. In practice, contact each institution individually to confirm their requirements — do not assume probate is unnecessary simply because the estate appears small.

Who Applies for Probate?

If the deceased left a valid will, the executor(s) named in the will are responsible for applying for a Grant of Probate and administering the estate. There may be one executor or several. If an executor is unable or unwilling to act, they can formally renounce the role.

If the deceased did not leave a valid will (or if all named executors have predeceased them or renounced), the estate is intestate. In this case, the next of kin can apply for Letters of Administration. The order of priority for who can apply follows the intestacy rules: spouse or civil partner first, then children, then grandchildren, and so on.

The Probate Process: Step by Step

The probate process in England and Wales involves the following broad steps:

Step 1: How to Value an Estate for Probate

Before applying for probate, you must value the entire estate. This means identifying and valuing all assets (property, bank accounts, investments, vehicles, jewellery, and other possessions) and all liabilities (mortgages, loans, credit cards, and outstanding bills). An estate agent can provide a property valuation; banks will provide written valuations of accounts on request.

This valuation is required both for the probate application and for determining whether Inheritance Tax (IHT) is payable. Inheritance Tax is charged at 40% on the value of the estate above the nil-rate band (currently £325,000, with additional allowances available in certain circumstances). Inheritance Tax must be paid before probate can be granted.

Step 2: Complete the Probate Application

The probate application is made to the Probate Registry, which is part of HM Courts and Tribunals Service. You can apply:

• Online via the government's probate service at gov.uk/applying-for-probate
• By post, using the PA1P form (with a will) or PA1A form (without a will)
• In person at a district probate registry

The application requires the original will (if there is one), the original death certificate, and an Inheritance Tax form (either IHT205 for simple estates below the IHT threshold, or IHT400 for more complex estates or those where IHT is payable).

Step 3: Pay the Application Fee

The current fee for a Grant of Probate in England and Wales (2026) is £273 for estates worth over £5,000. There is no fee for estates worth £5,000 or less. Additional copies of the grant can be ordered at £1.50 each; order at least five to ten, as you will need to send them to banks, insurers, and other institutions.

Step 4: Receive the Grant

Once the Probate Registry has processed the application, it issues the Grant of Probate (or Letters of Administration). This typically takes four to eight weeks from submission of the complete application. During busy periods, it can take longer — check current waiting times on the HMCTS website.

Step 5: Administer the Estate

With the grant in hand, the executor or administrator can now:

• Collect all assets: present the grant to banks, investment managers, and pension providers to release funds and transfer assets
• Pay all debts: settle outstanding mortgages, loans, credit cards, utility bills, and any other liabilities
• Pay any Inheritance Tax not already settled
• Prepare estate accounts showing all income and expenditure
• Distribute the remaining estate to the beneficiaries in accordance with the will (or the intestacy rules if there is no will)

Administering a straightforward estate typically takes six to twelve months. Complex estates — particularly those involving property sales, overseas assets, business interests, or disputed beneficiaries — can take considerably longer.

Costs of Probate

The costs involved in probate include:

• Court application fee: £273 (estates over £5,000)
• Additional grant copies: £1.50 each
• Inheritance Tax: 40% on the estate above the nil-rate band (if applicable)
• Solicitor fees (if using a solicitor): typically 1–5% of the gross estate value, or a fixed fee of £2,000–£5,000 for straightforward estates. Always obtain a written fee estimate before instructing a solicitor.
• Accountant fees: if the estate includes business interests or complex income tax affairs
• Valuation fees: estate agents (for property), professional valuers (for fine art, jewellery, or antiques)

DIY Probate vs Using a Solicitor

It is entirely legal and feasible to handle probate yourself without a solicitor, and many people do so successfully. Personal probate applications are processed by the same Probate Registry and have the same legal effect as professionally prepared applications.

Consider doing probate yourself if:

• The estate is straightforward (primarily cash, savings, and a single residential property)
• There is a clear, valid will with no disputes
• The estate is below the Inheritance Tax threshold (or clearly qualifies for full exemption)
• All beneficiaries are adults and agree on the distribution

Consider instructing a solicitor if:

• The estate includes a business, partnership, or overseas assets
• There is no will or the will is disputed
• The Inheritance Tax position is complex
• There are concerns about potential claims against the estate
• The executor lives abroad or is elderly or unwell
• There are complex trusts, life interests, or multiple beneficiaries

Common Misconceptions About Probate

Several misconceptions about probate lead to unnecessary anxiety or, conversely, to underestimating the complexity of the process:

• "You always need probate if someone dies" — False. Many small estates, jointly held assets, and trust assets pass without probate.
• "Probate takes years" — Not necessarily. A grant is typically issued in four to eight weeks. Administering the estate takes longer but is usually complete within twelve months.
• "Having a will means you avoid probate" — False. Having a will does not avoid the need for probate; it simply makes the process clearer. The will names the executor and distributes the estate, but probate is still likely required to prove the will and give the executor authority to act.
• "Everything stops until probate is granted" — Not entirely. Some assets (jointly held accounts, nominated pension beneficiaries, life insurance in trust) can be accessed immediately without waiting for probate.

Scotland and Northern Ireland

In Scotland, the equivalent of probate is called Confirmation, and it is granted by the Sheriff Court. The process differs from that in England and Wales, and the relevant forms and procedures are specific to Scotland. In Northern Ireland, probate is granted by the Probate Office of the High Court in Belfast.

For guidance on what to do immediately after a death, see our guide to what to do when someone dies. For information on funeral costs and planning, see our guide to UK funeral costs.

This guide is provided by the National Association of Funeral Directors (NAFD), which represents funeral directing businesses conducting over 80% of all UK funerals. Find a trusted NAFD funeral director near you.

How Much Does Probate Cost in the UK in 2026?

Probate costs in England and Wales fall into two categories: official government fees and professional fees if you use a solicitor or specialist probate service.

Official Probate Registry Fees (2026)

The Probate Registry fee is currently £300 for estates valued above £5,000. There is no fee for estates worth £5,000 or less. You can order additional sealed copies of the Grant of Probate for £1.50 each — most executors order five to ten, as banks and land registries each require an original sealed copy.

Solicitor and Professional Probate Fees

If you instruct a solicitor or probate specialist, fees vary considerably:

• Fixed-fee probate services: typically £1,500–£3,000 for a straightforward estate
• Percentage-based fees: some solicitors charge 1%–3% of the gross estate value — on a £400,000 estate, that could mean £4,000–£12,000
• Hourly rates: £150–£350 per hour depending on the firm and location

Always ask for a written quote and confirm whether VAT is included. Under the Legal Services Act, you are entitled to a clear fee estimate before work begins. Probate specialists and online providers often offer more competitive fixed fees than traditional solicitors for straightforward estates.

If you are also planning or have recently arranged a funeral and want to understand likely costs, our /funeral-cost-calculator/ can help you budget clearly.

How Long Does Probate Take in the UK?

The honest answer is: it varies enormously. Here is a realistic breakdown of each stage in 2026:

• Valuing the estate: 2–8 weeks depending on complexity, number of institutions to contact, and whether property needs a formal RICS valuation
• Inheritance Tax assessment and payment: HMRC typically takes 4–8 weeks to process an IHT400 return. Tax due must be paid before the grant is issued — executors can use an instalment option for property-related tax
• Probate Registry processing time: currently averaging 8–16 weeks from submission to grant being issued. Complex or contested applications take longer
• Collecting assets and paying debts: 4–12 weeks once the grant arrives
• Distributing the estate: most executors wait six months after the grant before distributing, to allow time for unknown creditors or claims to emerge under the Trustee Act 1925

In total, a straightforward probate typically takes 6–12 months. Contested estates, property in multiple names, overseas assets, or complex Inheritance Tax positions can push this to two years or beyond. If you are concerned about delays, a NAFD-accredited funeral director can often signpost families to reputable local probate specialists who can help move things along.

/find-a-funeral-director/

Should You Use a Solicitor for Probate, or Do It Yourself?

You are not legally required to use a solicitor to apply for probate in England and Wales. Many executors successfully handle probate themselves, particularly for straightforward estates. Here is how to decide:

DIY Probate May Be Right If:

• The estate is straightforward — a small number of assets, no property, no business interests
• There is a clear, valid will with no disputes
• Inheritance Tax is not payable (the estate is below the threshold)
• All beneficiaries are adults and in agreement
• You have time and confidence to deal with paperwork and correspondence

The government's own probate application service (gov.uk/wills-probate-inheritance) allows executors to apply online or by post without legal representation.

Using a Professional Is Strongly Advisable If:

• Inheritance Tax is payable — mistakes on IHT forms can be costly
• The will is disputed or likely to be challenged
• There are overseas assets, a business interest, or trust arrangements
• The deceased died without a will (intestate estates carry more legal risk)
• You are a beneficiary as well as executor — a conflict of interest can arise
• You simply do not have the capacity to manage this while grieving

If you use a solicitor, check they are regulated by the Solicitors Regulation Authority (SRA). Licensed probate practitioners must be regulated by the SRA or the Council for Licensed Conveyancers. Always compare at least two quotes.

Probate and the Funeral: What Families Need to Know

One of the most common and distressing misconceptions families face is believing they cannot pay for the funeral until probate is granted. This is not true.

Funeral costs can nearly always be paid before probate is complete. Most banks in the UK will release funds from a deceased person's account specifically to pay a funeral invoice, even without a Grant of Probate, provided the funeral director sends the invoice directly or you provide proof of the costs. Contact the bank's bereavement team directly — they handle this regularly.

If there are insufficient funds in the estate to cover the funeral immediately, options include:

• Paying from your own funds and reclaiming from the estate later as an executor's expense (funeral costs are a priority debt of the estate)
• Applying for a Funeral Expenses Payment from the Department for Work and Pensions if you or your partner receive certain means-tested benefits
• Speaking with a funeral director about staged payment arrangements — many NAFD member funeral directors can discuss flexible options with families in financial difficulty

A good funeral director will guide you through the immediate practicalities so you can focus on honouring your loved one. To find a trusted NAFD-accredited funeral director near you: /find-a-funeral-director/