TL;DR
Probate is the legal process that gives executors the authority to administer a deceased person's estate. In England and Wales, a grant of probate or letters of administration is issued by HM Courts and Tribunals Service. The online application fee is PS300 for estates above PS5,000 (free below). Processing currently takes four to eight weeks after all documents are submitted.
Last reviewed: 10 May 2026
What Is Probate and When Is It Needed?
Probate is the process by which the courts formally recognise the authority of the person or persons responsible for administering a deceased person's estate. In England and Wales, the process is governed by the Senior Courts Act 1981 and the Non-Contentious Probate Rules 1987, as amended. The relevant court is the Probate Registry, part of HM Courts and Tribunals Service.
Whether probate is required depends on the nature and value of the estate. Most banks, investment platforms and land registries will require a sealed grant before releasing or transferring significant assets. There is no absolute statutory threshold, but in practice many institutions require probate for accounts or investments above PS5,000 to PS50,000, with the threshold varying by institution.
Probate is typically not needed where:
- All assets were held jointly (they pass automatically to the surviving owner by survivorship)
- The estate is very small and institutions agree to release funds on sight of the death certificate alone
- Assets passed via nomination, such as some life insurance policies and pension death benefits
Types of Grant: Probate vs Letters of Administration
There are two main types of grant issued by the Probate Registry:
| Grant type | When issued | Who applies |
|---|---|---|
| Grant of probate | Deceased left a valid will | Executor(s) named in the will |
| Letters of administration (with will) | Will exists but no executor can or will act | Residuary beneficiary |
| Letters of administration | No valid will (intestacy) | Next of kin per intestacy rules |
How to Apply for Probate in 2026
Applications can be made online at gov.uk/applying-for-probate or by post to a Probate Registry. The online service is generally faster and tracks progress digitally. You will need:
- The original will and any codicils
- The original death certificate (or an office copy)
- An IHT reference number from HMRC confirming that any IHT due has been paid or that no IHT is payable (forms IHT400 or IHT205/IHT217 depending on the estate size)
- Probate application form PA1P (with a will) or PA1A (no will)
The original will must be submitted to the Probate Registry and will be retained. Keep certified copies before submission.
After submitting the application and paying the fee, the applicant may be asked to attend a probate registry in person to swear a statement of truth (rare for online applications) or to supply additional documents if the registry raises a requisition.
Probate Fees in 2026
| Estate value | Court fee (2026) |
|---|---|
| PS5,000 or less | Free |
| More than PS5,000 | PS300 |
| Additional sealed copies (per copy) | PS1.50 |
The PS300 court fee is set by HMCTS fee schedule. It replaced the previous tiered fee structure. Solicitor fees for handling the full probate process typically range from PS2,000 to PS10,000 or more depending on estate complexity, or are charged as a percentage of estate value (typically 1-4%). These are separate from the court fee.
Intestacy: Dying Without a Valid Will
Where there is no valid will, the estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925 as amended by the Inheritance and Trustees' Powers Act 2014. The order of priority is:
- Spouse or civil partner (subject to children's share if estate exceeds the statutory legacy)
- Children (including adopted children; biological children of both parents)
- Parents
- Siblings of the whole blood, and their issue
- Half-siblings, and their issue
- Grandparents
- Uncles and aunts of the whole blood, and their issue
- Half-uncles and half-aunts, and their issue
- The Crown (bona vacantia)
Cohabiting partners have no automatic right to inherit under intestacy, regardless of the length of the relationship. A claim may be possible under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires a court application.
Common Scenarios and Edge Cases
Disputed wills: A will can be challenged on grounds of lack of testamentary capacity, undue influence, fraud, or failure to comply with the formal requirements of the Wills Act 1837. A caveat can be lodged with the Probate Registry to prevent a grant being issued while a dispute is resolved. This is a complex area requiring specialist contentious probate solicitors.
Foreign property in a UK estate: A UK grant of probate does not automatically give authority over property in other countries. A separate ancillary probate process, or resealing of the UK grant, may be needed in each jurisdiction where property is held. Some countries are party to the Hague Convention on the Law Applicable to Succession (1989) which may simplify cross-border estates.
Assets discovered after probate: If significant assets come to light after the grant of probate and the estate distribution has begun, it may be necessary to file a corrective IHT account and potentially reopen the estate. Banks and investment platforms may require a new sealed copy of the grant if the original was submitted to close an account.
Renouncing as executor: An executor who does not wish to act can renounce probate by completing form PA15, provided they have not already intermeddled with the estate (taken any step in administering it). Once you have renounced, you cannot later take up the role.
Timelines from Death to Estate Closure
| Stage | Typical timescale |
|---|---|
| Register death and obtain death certificates | Within 5 days of death (legal requirement) |
| Value the estate and prepare IHT forms | 4-12 weeks depending on complexity |
| Pay IHT and obtain HMRC reference | Must be done before probate application |
| Submit probate application | As soon as IHT reference obtained |
| Grant issued by Probate Registry | 4-8 weeks after submission (currently) |
| Estate administration and distribution | 2-12 months depending on assets |
| Total: simple estate | 6-12 months |
| Total: complex/disputed estate | 1-3+ years |
Common Mistakes That Delay Probate
- Submitting a damaged or annotated will: Marks, pins or tears on a will can raise questions about alterations. The Probate Registry may require a sworn affidavit from a witness to confirm the will's condition at signing.
- Applying before the IHT reference is obtained: The Probate Registry requires the HMRC IHT reference before processing most applications. Applying too early means the application cannot proceed.
- Failing to advertise for creditors: Executors who distribute an estate without advertising for unknown creditors in the London Gazette and a local newspaper risk personal liability if a creditor later makes a valid claim.
- Not obtaining enough sealed copies: Banks, Land Registry and other institutions each need an original sealed copy of the grant. Order sufficient copies at application (PS1.50 each) rather than applying for further copies later.
Disclaimer: Kaeltripton.com is an independent editorial publisher, not authorised or regulated by the FCA. Content is for informational purposes only and does not constitute financial, legal or tax advice. Always consult a qualified solicitor, financial adviser or tax professional before making decisions.
Frequently Asked Questions
How much does probate cost in the UK in 2026?
The court fee for a grant of probate or letters of administration is PS300 for estates valued above PS5,000. Estates worth PS5,000 or less pay no court fee. Additional sealed copies of the grant cost PS1.50 each. If you instruct a solicitor to manage the probate process, their fees are additional and typically range from PS2,000 to PS10,000 or more for a straightforward estate, depending on complexity and the firm's charging structure.
How long does probate take in 2026?
After submitting a correctly completed application with all supporting documents, the Probate Registry currently takes approximately four to eight weeks to issue a grant. The total time from death to a completed grant depends heavily on how quickly the estate can be valued and any IHT settled. For a straightforward estate this might be three to five months. Complex estates with property to sell, contested assets or foreign property can take one to three years or more.
Do I need probate if there is a will?
Having a will does not automatically make probate necessary. You need probate (or letters of administration) whenever an institution holding the deceased's assets requires it before releasing or transferring those assets. Most banks, investment platforms and the Land Registry require a sealed grant for significant holdings. Where assets pass by survivorship (jointly owned property), nomination or outside the estate (some pension death benefits), no grant is needed for those assets regardless of whether a will exists.
What happens if someone dies without a will?
Dying without a valid will is called dying intestate. The estate is distributed according to the intestacy rules in the Administration of Estates Act 1925 as amended. The order of entitlement gives priority to spouses or civil partners, then children, then other relatives in descending order. Cohabiting partners, stepchildren and unmarried partners have no automatic right under intestacy. A family member or eligible person must apply for letters of administration, which is the equivalent of probate for intestate estates.
Can an executor refuse to act?
Yes. An executor named in a will can renounce probate by completing form PA15 and filing it with the Probate Registry, provided they have not already intermeddled with the estate. Intermeddling means taking active steps to administer the estate, such as collecting assets or paying debts. Once an executor has renounced, they cannot later change their mind. If all named executors renounce or are unable to act, a residuary beneficiary may apply for letters of administration with the will annexed.
How We Verified This Information
This article was verified against HMCTS's probate application guidance at gov.uk/applying-for-probate and the current court fee schedule as of May 2026. Intestacy rules were confirmed against the Administration of Estates Act 1925 and the Inheritance and Trustees' Powers Act 2014 via legislation.gov.uk. Timescales reflect HMCTS published service standards.
