This guide is for general information only and was last reviewed in April 2026. Rules and processes can change. For the most up-to-date guidance, contact the relevant authority directly. If you need legal or financial advice, speak to a qualified professional.
This guide does not constitute legal advice. Always seek independent legal advice for your specific situation.
Understanding probate
What probate is, when you need it, how long it takes, and what it costs. Explained in plain English.
Key facts
- ✓ Probate is usually needed when the estate is worth more than £5,000 to £10,000
- ✓ The process typically takes 3 to 6 months; complex estates can take over a year
- ✓ You can apply yourself for £273 (estates over £5,000) or use a solicitor
- ✓ Joint assets and assets with named beneficiaries usually pass outside probate
What is probate?
Probate is the legal process that gives you the authority to deal with a deceased person's estate: their money, property, and possessions. In England and Wales, this authority is called a "Grant of Probate" if there is a will, or "Letters of Administration" if there is no will.
Without a grant, most banks, building societies, and land registries will not release funds or transfer property. Probate is the formal legal confirmation that you have the right to act.
When is probate required?
Not every death requires probate. You may not need it if:
- The estate is small (most banks have a threshold, typically £5,000 to £25,000, below which they will release funds without a grant)
- All assets were jointly owned (they pass automatically to the surviving owner)
- Assets have a named beneficiary, such as life insurance or pension death benefits
You will almost always need probate if the deceased owned property solely in their name, had savings or investments above the bank's threshold, or had shares or business interests.
Who can apply?
If there is a valid will, the executor named in the will applies for probate. If there are multiple executors, they can apply jointly or one can apply with the others "renouncing" their role.
If there is no will (the person died "intestate"), the nearest living relative applies for Letters of Administration. The order of priority is: spouse or civil partner, then children, then parents, then siblings.
How to apply
Before applying, you need to value the estate (all assets minus all debts) and determine whether Inheritance Tax is owed. If it is, HMRC must be notified and any tax due must usually be paid before probate is granted.
You can apply online at the HMCTS Probate Service, or by post using form PA1P (with a will) or PA1A (without a will). You will need the original will (if there is one), the death certificate, and the estate valuation.
The court fee is £273 for estates over £5,000. There is no fee for estates worth £5,000 or less.
How long does probate take?
A straightforward probate application currently takes around 8 to 16 weeks from submission to grant. Once the grant is issued, distributing the estate (paying debts, closing accounts, transferring property) typically takes a further 2 to 6 months.
Complex estates involving property, business interests, overseas assets, or disputed wills can take considerably longer. If the estate is likely to be contested, seek specialist legal advice early.
Do you need a solicitor?
Many people manage probate themselves, particularly for straightforward estates. The HMCTS online service has made self-application more accessible.
Consider using a solicitor if: the estate is large or complex, there is no will, the will is likely to be challenged, there are overseas assets, or the estate may be insolvent.
Solicitors typically charge either a fixed fee (often £1,500 to £3,000 for a simple estate) or a percentage of the estate value (1 to 3%). Always ask for a written quote before instructing.
Helpful resources
Official government services to help you through the probate process.
Apply for probate
Official GOV.UK guidance on applying for a grant of probate or letters of administration.
External link
Inheritance Tax
HMRC guidance on when Inheritance Tax applies and how to report and pay it.
External link
Wills, probate and inheritance
GOV.UK overview of managing a deceased person's estate, including intestacy rules.
External link
Citizens Advice: probate
Practical plain-English advice on probate, executors, and administering an estate.
External link
Frequently asked questions
No. Probate is not always needed. If the estate is small (most banks have a threshold of £5,000 to £25,000), all assets were jointly owned, or assets pass directly to a named beneficiary (such as a pension or life insurance policy), you may not need it. Check with each institution individually.
A straightforward probate application typically takes 8 to 16 weeks from submission to grant. Once the grant is issued, distributing the estate usually takes a further 2 to 6 months. Complex estates involving property disputes, overseas assets, or Inheritance Tax can take considerably longer.
The court fee for applying for probate in England and Wales is £273 for estates worth more than £5,000. There is no fee for smaller estates. If you use a solicitor, expect to pay £1,500 to £3,000 for a straightforward estate, or a percentage of the estate value (typically 1 to 3%) for more complex cases.
Yes. Many people handle probate themselves, particularly for straightforward estates. You can apply online via the HMCTS Probate Service on GOV.UK. Consider using a solicitor if the estate is large, if there is no will, or if the will is likely to be disputed.
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