This guide is general information about the law in England and Wales, not legal advice. Every situation is different, so please speak to us or another qualified adviser before acting on it.
The short answer
GOV.UK describes probate as "the legal right to deal with someone's property, money and possessions (their 'estate') when they die". The person dealing with the estate applies to the Probate Service for a document that proves they have that right. Banks, building societies and HM Land Registry often ask to see it before they release money or let a property be sold.
- Who applies: the executors named in the will, or the closest relative if there's no will.
- Fee: £526 if the estate is worth more than £5,000, and nothing if it's £5,000 or less.
- Timescale: GOV.UK says you'll usually get probate within 12 weeks of applying, once the estate has been valued and any inheritance tax steps are done.
These rules apply in England and Wales. Scotland and Northern Ireland have their own systems.
When is probate needed?
There's no single rule. GOV.UK says to contact the organisations the person used, such as their bank and mortgage company, because every organisation has its own rules. You usually need probate to sell or transfer a house in the person's sole name, and banks often ask for it before releasing larger balances.
GOV.UK says you may not need probate if the person:
- only had savings
- owned shares or money jointly with others, which usually pass automatically to the surviving owners
- owned land or property as "joint tenants", which passes automatically to the surviving owner
Property owned as "tenants in common" is different: each owner's share passes under their will, so probate is often needed for it. Our mirror wills guide explains the difference.
The £5,000 figure often quoted is only the fee threshold. It doesn't decide whether probate is needed: that depends on the asset holders.
Who can apply?
If there's a will
The executors named in the will (or in a codicil) can apply. If more than one is named, they must agree who applies, and up to 4 can be named on the application. The original will has to be sent with the application, not a photocopy, and it becomes a public record. That's why it matters that your executors know where your original is. See our guide to choosing an executor.
If there's no will
The closest living relative can apply to become the "administrator". GOV.UK says this is normally the husband, wife or civil partner (even if they were separated), then any children aged 18 or over. An unmarried partner can't apply, and under the intestacy rules they inherit nothing either. Our guide on dying without a will explains who inherits.
The probate process, step by step
- Check whether probate is needed by contacting the banks and other organisations. You can also search the probate records to see if someone else has already applied.
- Value the estate and work out inheritance tax. You need the estate's value for the application even if no tax is due. If full details must be reported to HMRC, you send form IHT400 within 12 months of the death and wait for HMRC's code before applying. If an estate has no tax to pay and no full details to report, it's an "excepted estate" and you can apply straight away.
- Pay any inheritance tax due. GOV.UK says you'll normally have to start paying before probate is granted. If you pay from your own account, you can claim it back from the estate.
- Apply online or by post. On paper, the form is PA1P if there's a will or PA1A if there isn't. GOV.UK says paper applications take longer.
- Receive the grant. It's called a "grant of probate" if there's a will, "letters of administration with will annexed" if the will doesn't name an executor who can apply, or "letters of administration" if there's no will.
- Deal with the estate: collect the money, pay debts and taxes, and pass on what's left.
GOV.UK also warns not to make financial plans or put property on the market until you've got probate.
How much does probate cost?
| Probate Service fee | Amount |
|---|---|
| Application, estate worth more than £5,000 | £526 |
| Application, estate worth £5,000 or less | No fee |
| Extra copies ordered with the application | £2 each |
| Extra copies ordered later | £16 each |
| Second application after a grant (for example, an executor who held "power reserved") | £22 |
The application fee went up from £300 to £526 in July 2026, so older guides may quote the lower figure. You may be able to get help with fees if you have a low income or get certain benefits, but not with the cost of extra copies.
GOV.UK says applying yourself can be cheaper than paying a probate practitioner, such as a solicitor. Practitioners' fees vary, and GOV.UK suggests considering professional help if the estate has a lot of assets or includes trusts.
After probate: the executor's responsibilities
Executors are legally responsible for the estate until it has all been passed on. GOV.UK says that includes paying debts and taxes, and suggests placing a notice in The Gazette giving creditors 2 months to come forward. If an executor distributes the estate without keeping enough back to pay debts and tax bills, they may have to pay them personally. At the end, the executor prepares final estate accounts.
How you can make probate easier for your family
- Make a valid will naming executors you trust, with a replacement. It avoids the intestacy rules and makes it clear who can apply.
- Tell your executors where your original will is. We don't offer storage, so keep it somewhere safe.
- Keep a record of your accounts, pensions and policies. Our optional executor pack (£49.99) does exactly this.
- Think about inheritance tax. From 6 April 2027, most unused pensions will count towards the estate, which may mean more estates need to report to HMRC. Try our 2027 pension IHT checker.
- Remember an LPA ends when you die. Your attorneys can't deal with your estate; your executors take over. See what an LPA is.
We prepare wills and LPAs. We don't offer probate or estate administration services, so if your family needs help with probate, a solicitor or probate practitioner can advise them.
Frequently asked questions
How much is the probate fee in 2026?
The Probate Service charges £526 if the estate is worth more than £5,000. There's no fee for estates worth £5,000 or less. The fee went up from £300 in July 2026.
Is probate needed if there's a will?
Having a will doesn't avoid probate. Whether it's needed depends on what the person owned and how. A will makes it clear who should apply and who inherits.
How long does probate take?
GOV.UK says you'll usually get probate within 12 weeks of applying, but it can take longer if more information is needed. Valuing the estate and dealing with inheritance tax beforehand also takes time.
Can I apply for probate myself?
Yes. GOV.UK says you can apply online or by post, and that it can be cheaper than using a probate practitioner. Professional help may be worth it for larger or complicated estates.
Do jointly owned homes need probate?
If the home was owned as joint tenants, it passes automatically to the surviving owner. If it was owned as tenants in common, the share of the person who died passes under their will or the intestacy rules, and probate is often needed.
Want us to talk it through with you?
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Sources: GOV.UK: Applying for probate; GOV.UK: Probate fees; GOV.UK: Before you apply; GOV.UK: Dealing with the estate of someone who's died; GOV.UK: Make, register or end a lasting power of attorney. Checked 24 October 2026.