Pensions
TL;DR
Probate is the legal process of administering a deceased person's estate. A grant of probate (if there is a will) or letters of administration (if there is no will) gives the executor or administrator authority to deal with assets, pay debts, and distribute the estate. Most estates with property or significant assets require probate. The probate registry application fee is £300 for estates above £5,000.
Probate is the formal legal process through which a deceased person's estate is administered. When someone dies, their assets - property, bank accounts, investments, and personal possessions - cannot simply be transferred to beneficiaries without establishing who has legal authority to deal with them. A grant of probate (where there is a will naming an executor) or letters of administration (where there is no will or the executor named cannot act) provides this authority and is required by banks, land registries, and other institutions before they will release assets.
Not every estate requires probate. Small estates where assets are held jointly or below institutional thresholds may pass without a grant. However, for most estates that include property, significant bank balances, or investments, a grant will be required. This guide covers when probate is needed, how to apply, the costs and timescales involved, and what happens when someone dies without a valid will.
Key facts (2026)
- Probate application fee: £300 for estates above £5,000; no fee for estates valued at £5,000 or below (HMCTS probate fee schedule 2026).
- Official copies of the grant of probate: £1.50 each; order multiple copies as institutions each require an original (HMCTS).
- Typical timescale for a straightforward probate application: 8 to 16 weeks from submission to receiving the grant, depending on HMCTS workloads (HMCTS Probate Service).
- Inheritance tax must be reported to HMRC and any tax due paid (or a payment plan agreed) before probate is granted where the estate is above the IHT threshold (HMRC).
- Where someone dies without a valid will (intestate), the estate passes according to the intestacy rules set out in the Administration of Estates Act 1925, which may not reflect the deceased's wishes (legislation.gov.uk).
When probate is and is not required
Probate is generally required when the deceased owned property in their sole name, had bank accounts or investments above the threshold set by the institution (typically £15,000 to £50,000 depending on the bank), or held shares or other assets requiring a legal transfer of ownership. Probate is not required where assets pass automatically outside the estate: jointly owned property held as joint tenants passes by survivorship to the surviving owner without probate; pension death benefits and life insurance paid to a named beneficiary bypass the estate; and assets held in a trust do not form part of the estate. For small estates below the institutional thresholds where there is no property, some banks will release funds on production of the death certificate and relevant identification without requiring a grant. Contact each institution individually to check their threshold and requirements.
How to apply for probate
Probate applications in England and Wales are submitted online or by post to the HMCTS Probate Service. The executor named in the will completes the application, which includes: the original will (if one exists); a death certificate; an inheritance tax form (either IHT205 for excepted estates not subject to IHT, or IHT400 with supporting schedules for taxable estates); and the application fee. If IHT is due, HMRC must be notified and a payment reference obtained before the probate application can be submitted. The Probate Service does not assess IHT; HMRC handles this separately. Once the Probate Service is satisfied the application is in order, it issues the grant of probate, which is a court-sealed document confirming the executor's authority. Certified copies of the grant are ordered at the same time for a fee of £1.50 each; order at least six to eight copies to avoid delays when dealing with multiple institutions.
Inheritance tax and probate
For estates where inheritance tax may be due - broadly where the estate exceeds the available nil-rate band (£325,000 standard, potentially £500,000 with the residence nil-rate band for qualifying estates passing to direct descendants) - the executor must complete form IHT400 and all relevant schedules before applying for probate. Any IHT due must be paid to HMRC, or a payment arrangement agreed, before the Probate Service will issue the grant. This creates a practical difficulty: IHT must be paid before the executor has the grant to release assets to pay it. IHT on property can be paid in instalments over 10 years; IHT on liquid assets must be paid in full within six months of the end of the month of death. Banks participating in the Direct Payment Scheme can release funds from the deceased's account directly to HMRC to pay IHT, without requiring a grant, to resolve this circularity.
Dying without a will: intestacy rules
If a person dies without a valid will they are said to die intestate, and their estate passes according to the intestacy rules under the Administration of Estates Act 1925 and the Intestates' Estates Act 1952. The rules set a strict hierarchy of who inherits: a surviving spouse or civil partner has the first claim, followed by children, then grandchildren, then more distant relatives. Unmarried partners have no automatic inheritance right under intestacy, regardless of how long they lived together or whether they have children together. This is a critical gap: a cohabiting partner who is not married or in a civil partnership may receive nothing under intestacy even if they shared a home and finances for decades. Making a will is the only way to ensure your estate passes to the people you intend. If there is no will and no relatives who qualify under the intestacy rules, the estate passes to the Crown (known as bona vacantia).
Executor duties and estate administration
Once the grant of probate is issued, the executor has legal authority to administer the estate. Key tasks include: valuing and collecting all assets; notifying all relevant institutions (banks, pension providers, HMRC, DWP, local council); paying all outstanding debts, bills, and taxes before distributing the estate; placing a notice in the London Gazette and a local newspaper to protect against unknown creditors (optional but provides legal protection to the executor); preparing estate accounts; and distributing the residuary estate to beneficiaries in accordance with the will or intestacy rules. Executors have a duty to act in the best interests of the estate and beneficiaries. They can be held personally liable for paying debts from the estate prematurely and leaving insufficient funds for other creditors. For complex estates, appointing a solicitor as co-executor or seeking legal advice is advisable.
Related guides
- Best online will services UK 2026
- Inheritance tax UK 2026
- UK trusts and gifting guide 2026
- All Pensions guides →
Frequently asked questions
How long does probate take in 2026?
A straightforward online probate application currently takes 8 to 16 weeks from submission to receiving the grant, based on current HMCTS Probate Service processing times. Complex estates with IHT complications, missing assets, or disputes between beneficiaries take considerably longer. After the grant is issued, estate administration - selling property, closing accounts, distributing assets - can take a further six months to a year or more for a larger estate.
Can I apply for probate without a solicitor?
Yes. Many executors handle straightforward probate applications themselves using the online service at gov.uk. HMCTS provides guidance throughout the online application. A solicitor is advisable if the estate includes a business, overseas assets, disputed claims, or IHT complications. Probate solicitors typically charge 1-3% of the estate value plus VAT, which on a large estate can be substantial; obtaining a fixed-fee quote before instructing is advisable.
Do jointly owned assets go through probate?
Assets held as joint tenants (the most common form of joint ownership for married couples' homes) pass automatically to the surviving owner by the right of survivorship, without going through probate. Assets held as tenants in common (where each owner holds a defined share) do not pass by survivorship; the deceased's share forms part of their estate and goes through probate. Check the Land Registry title register to confirm which form of joint ownership applies.
What is the probate fee for 2026?
The probate application fee is £300 for estates valued above £5,000. There is no fee for estates valued at £5,000 or below. Certified copies of the grant cost £1.50 each. These fees apply in England and Wales; Scotland and Northern Ireland have separate court systems and fee schedules. Check gov.uk for the current fee schedule as probate fees are subject to change.
What happens if the executor named in the will cannot act?
If the named executor has died, lacks mental capacity, or formally renounces the role, the next named executor in the will takes over. If there are no remaining executors able to act, a beneficiary can apply to the Probate Service for letters of administration with will annexed, giving them authority to administer the estate in accordance with the will's terms. The Probate Service provides guidance on this process at gov.uk.
How we verified this guide
All probate rules and fees were verified against HMCTS probate fee schedules, HMRC IHT guidance, Administration of Estates Act 1925, and Citizens Advice probate resources during May 2026. We do not accept payment from legal service providers and do not earn commission on probate or will referrals.
Primary sources
- Gov.uk - Applying for probate
- HMRC - Inheritance tax and probate
- Citizens Advice - Probate guide
- Administration of Estates Act 1925 - legislation.gov.uk
Last reviewed: May 2026.