WILLS AND PROBATE
The Probate Process UK
Probate is the legal process of administering a deceased person's estate. This guide explains when probate is required, how to apply, what it costs and how long it takes in England and Wales.
TL;DR
- Probate (a grant of representation) is required by most financial institutions before they release assets
- If there is a will, the executor applies for a grant of probate; if not, the next of kin applies for letters of administration
- The application fee is £300 for estates over £5,000; free for estates of £5,000 or less
- HMRC must be notified of the estate value and any inheritance tax paid before probate is granted
- The process typically takes 6 to 12 months for straightforward estates; complex estates take longer
Last reviewed: June 2026
What Is Probate
Probate is the legal process by which the estate of a deceased person is administered. In England and Wales, a grant of representation -- either a grant of probate (where there is a will) or letters of administration (where there is no will) -- gives the executor or administrator legal authority to deal with the deceased's assets, pay debts, and distribute the estate to beneficiaries.
Not all estates require probate. Many financial institutions have their own threshold below which they will release funds without a grant. However, most banks, building societies, investment platforms and the Land Registry require a grant before releasing significant assets or transferring property.
When Is Probate Required
Probate is typically required when the deceased owned property in their sole name, held significant bank or investment accounts (thresholds vary by institution -- typically £15,000 to £50,000), or held assets that cannot be transferred without legal authority. Assets held jointly with another person (such as a joint bank account or jointly owned property as beneficial joint tenants) pass automatically to the survivor and do not require probate.
Step 1: Establish Whether There Is a Will
If the deceased left a valid will, the named executor applies for a grant of probate. If there is no valid will, the deceased died intestate and the next of kin applies for letters of administration. The administrator has the same powers as an executor but the intestacy rules determine who benefits from the estate.
Step 2: Value the Estate and Report to HMRC
Before applying for probate, the executor must value all assets and liabilities of the estate at the date of death. This includes property (typically requiring a professional valuation), bank accounts, investments, personal possessions, and any debts owed to the estate. Any debts of the deceased are deducted. The estate value determines whether inheritance tax is payable. HMRC must be notified of the estate value using the appropriate IHT forms, and any inheritance tax due must be paid before probate is granted.
Step 3: Apply for the Grant
The application for probate is made to HM Courts and Tribunals Service (HMCTS) Probate Registry. As of 2026, the application fee is £300 for estates over £5,000; there is no fee for estates of £5,000 or less. Additional office copies of the grant cost £1.50 each. Applications can be made online via the GOV.UK probate service or by post.
Step 4: Administer the Estate
Once the grant is received, the executor can collect assets, pay debts and liabilities, and distribute the estate to beneficiaries. Executors must keep accounts of all transactions. The executor is personally liable for distributing the estate correctly -- paying beneficiaries before all debts are settled, or making incorrect distributions, can create personal liability.
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Disclaimer
This guide is for general information only and does not constitute legal, financial or insurance advice. Kaeltripton is an independent editorial publisher, not regulated by the FCA.
Frequently Asked Questions
How long does probate take in the UK?
Straightforward estates in England and Wales typically take 6 to 12 months from death to final distribution. Complex estates involving inheritance tax, property sales, disputes or foreign assets can take significantly longer. HMCTS processing times for grant applications vary and are published on GOV.UK.
How much does probate cost?
The HMCTS application fee is £300 for estates over £5,000. Solicitor fees for handling the full probate process vary widely -- typically 1% to 3% of the estate value for a full service. Executors can handle probate themselves (DIY probate) to avoid solicitor fees, though this requires time and care.
Do you always need probate?
No. Assets held jointly pass to the survivor automatically. Small estates may be released by financial institutions without a grant. However, for estates including solely owned property or significant financial assets, a grant of representation is almost always required.
What is the difference between probate and letters of administration?
A grant of probate is issued when there is a valid will naming an executor who applies. Letters of administration are issued when there is no will, or when the executor named in the will cannot or will not act. Both give the holder legal authority to administer the estate -- they are both forms of grant of representation.
Sources
- GOV.UK: Applying for probate -- GOV.UK
- HMRC: Inheritance Tax and probate -- GOV.UK / HMRC
- Administration of Estates Act 1925 -- legislation.gov.uk
- HMCTS probate fees -- GOV.UK
