In most cases, yes. Having a will does not remove the need for probate. A will names the executors who have the right to deal with the estate, but they usually still need a grant of probate to prove that authority to banks, other asset holders and the Land Registry before they can release or sell anything.
A will and probate do two different jobs. The will says who inherits and who is in charge; probate is the official confirmation that the named executors can act. Whether a grant is actually required depends less on the will and more on what the person owned, and how they owned it. This guide sets out when probate is needed with a will, when it is not, who applies, and the current fees and timescales in England and Wales. Figures are current as at August 2026 and are subject to change.
Why a will does not remove the need for probate
When someone dies, the organisations holding their assets need proof of who is entitled to deal with them. For anything beyond modest sums, that proof is the grant of probate. Executors named in the will apply for the grant, and once it is issued they can close accounts, collect investments, sell or transfer property, settle debts and distribute what is left according to the will (gov.uk, wills, probate and inheritance, as at August 2026, subject to change).
So the will is the instruction, and probate is the key that lets the executors carry it out. Without a grant, most banks will not release larger balances and the Land Registry will not transfer a solely owned property. That is why a valid will and a grant of probate usually go together rather than being alternatives.
When probate is not needed, even with a will
A grant is not always required. Probate may not be needed where the person only held small amounts of savings, or where their assets passed automatically to someone else on death. The gov.uk guidance lists the common situations where a grant may not be required (gov.uk, applying for probate, as at August 2026, subject to change):
| Situation | What usually happens |
|---|---|
| Jointly owned home held as "joint tenants" | Passes automatically to the surviving owner by survivorship, outside the will |
| Joint bank accounts or jointly held money | Passes automatically to the surviving account holder unless agreed otherwise |
| Only modest savings | Individual banks set their own limits for releasing funds without a grant |
| Assets held in certain trusts | May pass under the trust terms rather than through the estate |
Two points are worth noting. First, a property held as "tenants in common" does not pass automatically; that share goes through the estate and often needs a grant. Second, there is no single legal threshold below which banks waive probate. Each institution sets its own limit, so the practical answer is to contact each asset holder and ask what they require (gov.uk, applying for probate, as at August 2026, subject to change).
Who applies for probate when there is a will
When there is a valid will, the executors named in it apply for the grant of probate. If there is no will, or no willing executor, the closest relatives apply instead and receive a slightly different document called letters of administration, but the underlying process is similar (gov.uk, applying for probate, as at August 2026, subject to change). An executor can apply directly or ask a professional to handle the application on the estate's behalf.
What probate costs and how long it takes
The court application fee is the same whether or not there is a will. From 13 July 2026 the fee is £526 where the estate is worth more than £5,000, with no fee for estates of £5,000 or less (gov.uk, probate fees, as at August 2026, subject to change). Extra copies of the grant, which help when several banks need proof at once, cost £2 each when ordered with the application and £16 each afterwards (gov.uk, probate fees, as at August 2026, subject to change).
| Item | Fee (August 2026) |
|---|---|
| Estate of £5,000 or less | No fee |
| Estate over £5,000 | £526 |
| Extra copy ordered with the application | £2 each |
| Extra copy ordered later | £16 each |
Source: gov.uk/applying-for-probate/fees, fees in effect from 13 July 2026, as at August 2026, subject to change.
On timing, an executor will usually receive the grant within 12 weeks of submitting the application, and it can take longer if further information is needed (gov.uk, apply for probate, as at August 2026, subject to change). That 12 weeks is only the grant itself. Valuing the estate beforehand, and collecting in and distributing assets afterwards, mean the whole administration commonly runs to several months or longer.
The main steps when there is a will
The path is broadly the same for most estates with a will:
- Locate the original will and confirm who the executors are.
- Value the estate and check whether any inheritance tax is due, reporting to HMRC where required.
- Apply to the Probate Registry for the grant of probate, paying the fee where the estate is over £5,000.
- Use the grant to collect in the assets, settle debts and any tax, then distribute the estate under the will.
Where an estate is straightforward and clearly falls under the tax thresholds, many executors handle this themselves. Where there is a business, foreign assets, a trust, or a dispute over the will, professional help tends to reduce the risk of costly mistakes.
Scotland and Northern Ireland
This guide describes the law of England and Wales. Scotland uses a different process called confirmation rather than a grant of probate, applied for through the sheriff court, and has its own rules and fees. Northern Ireland operates a separate but broadly similar system to England and Wales. Where an estate includes assets in more than one UK nation, it can be worth checking the rules in each.
Frequently asked questions
Do you always need probate if there is a will?
No, not always. A will names the executors, but whether they need a grant depends on the assets. Probate may not be needed where a home was jointly owned as joint tenants, where money was held in a joint account, or where only small savings are involved, because each bank sets its own limit (gov.uk, applying for probate, as at August 2026, subject to change). For a solely owned property or larger balances, a grant is usually required.
Can a will avoid probate altogether?
A will on its own does not avoid probate; it decides who inherits and who is in charge, while probate confirms the executors can act. Probate is avoided by how assets are held rather than by the will, for example through joint ownership that passes by survivorship, or through certain trusts. Whether that applies depends on the individual estate.
How much does probate cost when there is a will?
The court application fee is £526 where the estate is worth more than £5,000, and there is no fee for estates of £5,000 or less. Extra copies of the grant cost £2 each with the application and £16 each afterwards (gov.uk, probate fees, as at August 2026, subject to change). Professional fees, where used, are separate.
How long does probate take if there is a will?
An executor will usually receive the grant within 12 weeks of submitting the application, and longer if further information is needed (gov.uk, apply for probate, as at August 2026, subject to change). Valuing the estate first and distributing it afterwards add to the overall time, so a full administration often takes several months.
Who applies for probate if there is a will?
The executors named in the will apply for the grant of probate. If there is no will or no willing executor, the closest relatives apply for letters of administration instead (gov.uk, applying for probate, as at August 2026, subject to change). Executors can apply themselves or instruct a professional to apply for them.
Is probate needed for a small estate with a will?
Often not. There is no single legal threshold, because each bank or asset holder decides the balance it will release without a grant. Contacting each organisation directly is the way to find out (gov.uk, applying for probate, as at August 2026, subject to change). Separately, a smaller estate can sometimes be reported as an excepted estate without a full inheritance tax account (gov.uk, check the type of estate, as at August 2026, subject to change).
Does jointly owned property need probate?
A home held as "joint tenants" passes automatically to the surviving owner and does not usually need probate for that transfer (gov.uk, applying for probate, as at August 2026, subject to change). A property held as "tenants in common" is different, because the deceased's share passes under the will or intestacy rules and often needs a grant.
For more on the process itself, see our guide to what probate is and how it works. If you are reviewing your own arrangements, a clear, up to date will and wider estate planning can make the eventual administration simpler for the people you leave behind. Where a home is involved, the interaction with inheritance tax is often worth understanding early.