Probate is the legal process that gives someone the authority to deal with a deceased person's estate (their property, money, and possessions). If there is a will, the executor named in it applies for a 'Grant of Probate'. If there is no will, the next of kin applies for 'Letters of Administration'.

Do you always need probate when someone dies?

No. Probate is not always required. If the estate is small (typically under £5,000–£15,000, depending on the institution), if assets were jointly owned and pass automatically to the surviving owner, or if assets were held in trust, probate may not be needed. Contact each bank and institution individually to confirm their threshold.

How long does probate take in the UK?

A straightforward probate application typically takes four to eight weeks to be granted once submitted to the Probate Registry. However, the full process of administering the estate — including selling property, paying debts, and distributing assets — commonly takes six to twelve months or longer for complex estates.

How much does probate cost?

The application fee for a Grant of Probate in England and Wales is £273 for estates worth more than £5,000 (2024 fee). Solicitor fees for handling probate typically range from 1% to 5% of the estate value, or a fixed fee of £2,000–£5,000 for a straightforward estate.

Can I apply for probate myself without a solicitor?

Yes. You can apply for probate yourself (known as a personal application) through the government's online probate service or by post. This is entirely feasible for straightforward estates. A solicitor is advisable for complex estates involving business interests, overseas assets, disputed wills, or significant inheritance tax liability.

What Is Probate and When Do You Need It

Probate is the legal process of administering a deceased person's estate. This guide explains when it is needed, how to apply, how long it takes, and whether you need a solicitor.

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: Value the Estate

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 (2024) 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.