Probate: Everything You Need to Know

Probate is the legal process of proving that a will is valid and giving the executor the authority to deal with the estate. If there is no will, the equivalent process gives "Letters of Administration" to the closest relative (called the administrator). In Scotland, the process is called "Confirmation". The term "probate" is often used loosely to cover all of these.

You usually need probate if they owned property in their sole name, had savings above the bank's threshold (typically £5,000 to £50,000, depending on the bank), or had investments. You usually do not need it if everything was jointly owned (it passes automatically to the surviving owner), or if the estate is small and sits below the bank thresholds. If you are unsure, just ring the banks; they will tell you plainly whether they need a grant.

First, value the estate by listing all assets and debts. Then complete the inheritance tax form (or report values on the application for simpler estates). Submit form PA1P (with a will) or PA1A (without a will) to the Probate Registry, along with the original will (if applicable), the death certificate, and the £526 court fee. You can apply online at gov.uk/applying-for-probate. The Probate Registry will process it and post you the grant.

GOV.UK says you will usually get the grant within 12 weeks of submitting your application. In practice most come through sooner: HMCTS figures for January to March 2026 put the average at 5 weeks from application to grant, and around 2 weeks for a straightforward online application. It takes longer if the Probate Registry stops your application to ask for more information (around 14 weeks on average) or if you apply on paper. The whole estate administration, from death to final distribution, usually takes 6 to 12 months, and longer if a property has to be sold or there is a dispute.

The court fee is £526 for estates over £5,000 (free if under). If you use a solicitor, expect to pay 1% to 5% of the estate value, or hourly rates of £150 to £400 or more. For a £300,000 estate, solicitor fees might range from £3,000 to £15,000. Many straightforward estates can be handled with DIY probate, saving thousands.

Yes. For straightforward estates with one property, known beneficiaries, no disputes, and no business interests, DIY probate is perfectly manageable. The government website and helpline (0300 303 0648) guide you through each step. Consider a solicitor if the estate is complex, there are disputes, the person owned a business, there are assets abroad, or there is inheritance tax to pay.

Grant of Probate is issued when there is a valid will. The executor named in the will applies for it. Letters of Administration is issued when there is no will (or the named executors cannot or will not act). The closest living relative, usually the spouse then children, applies for it. Both give legal authority to deal with the estate.

If there is no will (known as dying intestate), the estate is shared out according to the rules of intestacy. In England and Wales, where there are children, the surviving husband, wife, or civil partner receives the personal possessions plus the first £322,000, then half of whatever is left; the children share the other half. If there are no children, the surviving partner inherits everything. If there is no surviving partner, the children inherit everything. Partners who were not married receive nothing under the intestacy rules, however long they lived together.

In Scotland, probate is called "Confirmation". You apply to the Sheriff Court rather than the Probate Registry. The process is similar but uses different forms. There is no court fee at all on estates of £50,000 or less. Separately, estates of £36,000 or less count as "small estates", where the Sheriff Clerk will help you prepare the paperwork free of charge and you do not need a solicitor. Scotland also has "Legal Rights" which give the spouse and children a fixed share of moveable property, even if the will says otherwise.

If the estate is above the inheritance tax threshold (£325,000, or up to £500,000 with the residence nil-rate band), you may need to pay at least some inheritance tax before probate is granted. You can often arrange to pay it straight from their bank account using form IHT423, or borrow from a bank to cover it. Tax on property can be paid in 10 annual instalments.