Do I always need probate when someone dies?

No. You may not need probate if the estate is small, if assets were held jointly (which usually pass automatically by survivorship), or if assets pass directly by nomination such as pensions or life insurance with a named beneficiary. Many banks will release accounts below a threshold of between £5,000 and £50,000 without a grant. Contact each institution individually to find out their requirements.

How much does probate cost?

The probate registry fee is £273 for estates over £5,000 (as of 2024). There is no fee for estates under £5,000. If you use a solicitor, they typically charge an hourly rate or a percentage of the estate value, commonly between 1% and 3%. Always ask for a written estimate before instructing anyone.

What happens if someone dies without a will?

If someone dies without a will, their estate is distributed according to the rules of intestacy, which are set by law. A surviving spouse or civil partner is first in line, then children. Unmarried partners, stepchildren, and friends receive nothing under the intestacy rules, regardless of how long they lived with the person.

What is probate and do I need it?

Q: How long does probate take?

A straightforward probate application typically takes between 16 and 24 weeks from submission to receiving the grant. More complex estates involving Inheritance Tax, property valuations, or disputes between beneficiaries take longer. The most common cause of delay is an incomplete application.

Probate is the legal process that gives someone the authority to deal with a deceased person's estate. This guide explains what probate means in practice, when you need it, when you do not, and what the process involves in England and Wales.

What probate means

When someone dies, assets do not automatically pass to family or beneficiaries named in the will. Banks, registries, and asset holders will not release money until someone proves they have legal authority to act for the estate.

Probate is the court process that produces that proof. If there is a will, the executor named in the will applies for a Grant of Probate. If there is no will, a close relative applies for Letters of Administration. Both documents do the same thing: they confirm who has legal authority to collect assets, pay debts, and distribute what remains.

In Scotland, the equivalent process is called Confirmation, and it is handled by the Sheriff Court. In Northern Ireland, probate is issued by the Probate Office in Belfast.

Do you always need probate?

No. Whether you need probate depends on what the person owned and how those assets were held.

You are less likely to need probate if:

The estate is small. Many banks will release accounts below a certain threshold (typically between £5,000 and £50,000, depending on the institution) without a grant. You will need to contact each bank individually to find out their limit.
Assets were held jointly. Property and bank accounts held in joint names usually pass automatically to the surviving owner outside of probate, by a right called survivorship.
Assets pass directly by nomination. Some pensions and life insurance policies allow the holder to nominate a beneficiary. These pass directly to the named person and do not form part of the probate estate.

You are more likely to need probate if:

The person owned property in their sole name
They held significant savings or investments in their sole name
They held shares outside of an ISA or pension
Any institution you contact requires a grant before they will release funds

Even if probate is not strictly required, some families choose to apply anyway. A grant provides legal protection for the executor and makes it easier to deal with institutions that raise questions later.

What happens if there is no will

If someone dies without a will, they are said to have died intestate. In this case, their estate is distributed according to the rules of intestacy, which are set by law and do not take into account any verbal wishes the person may have expressed.

Under the intestacy rules in England and Wales, the estate passes to close relatives in a fixed order. A surviving spouse or civil partner is first in line. Children are next. The order continues through other relatives if none of the above survive. Unmarried partners, stepchildren, and friends receive nothing under intestacy. They get no share, however long they lived together.

If there is no will, a close relative applies for Letters of Administration rather than a Grant of Probate. The process is similar, but the person applying is called an administrator rather than an executor.

How to apply for probate

You can apply for probate yourself or use a solicitor or probate specialist to do it for you.

To apply yourself, you will need to:

Register the death and obtain the death certificate.
Estimate the value of the estate, including all assets and outstanding debts. This is called valuing the estate.
Determine whether Inheritance Tax is due and, if so, complete the relevant HMRC forms before applying for probate.
Complete a probate application form (PA1P if there is a will, PA1A if there is not) and submit it to HMCTS Probate Service, either online or by post.
Pay the probate registry fee. As of 2024, the fee is £273 for estates over £5,000. There is no fee for estates under £5,000.
Swear or affirm the details in the application. This can be done at the probate registry or in front of a solicitor.

Once the grant is issued, you can use it to contact asset holders, collect funds, pay debts, and distribute the remaining estate to beneficiaries.

How long does probate take?

A straightforward application typically takes between 16 and 24 weeks from submission to receiving the grant. More complex estates (those involving Inheritance Tax, property valuations, or disputes between beneficiaries) take longer. Some estates take over a year to administer fully.

The probate registry's current processing times vary. HMCTS publishes waiting time estimates on GOV.UK. If your application is straightforward and complete, it is usually processed faster than the published estimate.

The most common cause of delay is an incomplete application. Gather all valuations and complete all HMRC forms before submitting to avoid your application being returned.

Should you use a solicitor?

There is no legal requirement to use a solicitor for a straightforward probate. Many families handle simple estates without professional help.

Using a solicitor or probate specialist is worth considering if:

The estate includes property, business interests, or overseas assets
Inheritance Tax is likely to be due
There is a dispute between beneficiaries or creditors
The will is being challenged
The person who died had significant debts
You are not confident handling the paperwork or the administration yourself

Solicitors typically charge either an hourly rate or a percentage of the estate value (commonly between 1% and 3%). Always ask for a written estimate of fees before instructing anyone.

Inheritance Tax and probate

If the estate exceeds the Inheritance Tax threshold (the nil-rate band), you must contact HMRC before applying for probate. As of the 2024 to 2025 tax year, the standard nil-rate band is £325,000. Additional allowances may apply, including a residence nil-rate band for property passed to direct descendants.

If Inheritance Tax is due, you must complete an IHT400 form and pay at least 10% of the tax owed before probate can be granted. HMRC and the probate registry then work in sequence. You cannot skip HMRC and go directly to the probate registry if tax is owed.

If the estate is below the threshold, a shorter form (IHT205 or IHT207 for older estates) may be required instead, confirming that the estate is exempt. The probate application forms guide you through which form applies.