What Is Probate? A Plain-English UK Guide

What is probate?

Probate is the legal right to deal with someone's property, money and possessions when they die (gov.uk, applying for probate, as at June 2026). Where there is a will, the executors named in it apply for a grant of probate, which is an official document confirming they can administer the estate. That grant is what most banks and other organisations ask to see before they release funds or transfer assets to the people entitled to them.

Grant of probate or letters of administration?

The type of grant depends on whether there is a valid will. If there is a will with named executors, they apply for a grant of probate. If there is no valid will, the closest living relative usually applies instead, and the grant is called letters of administration (gov.uk, as at June 2026). Both documents do a similar job: they confirm who has legal authority to deal with the estate. The general term for either is a grant of representation.

Situation	Who usually applies	Document granted
Valid will with named executors	The executor(s)	Grant of probate
No valid will (intestacy)	The closest living relative	Letters of administration
Will exists but no executor can act	A main beneficiary, usually	Letters of administration (with will annexed)

Situation

Who usually applies

Document granted

Valid will with named executors

The executor(s)

Grant of probate

No valid will (intestacy)

The closest living relative

Letters of administration

Will exists but no executor can act

A main beneficiary, usually

Letters of administration (with will annexed)

Based on gov.uk/applying-for-probate, as at June 2026, subject to change.

When is probate needed, and when is it not?

Whether probate is needed depends less on the will and more on what the estate holds and how it was owned. Each bank, insurer and pension provider sets its own threshold for when it will release funds without a grant, so the practical answer often comes from asking each organisation directly (gov.uk, as at June 2026).

Probate is often not required where the estate is small or passes automatically to someone else. Common examples include:

Jointly owned property held as joint tenants. It passes automatically to the surviving owner by survivorship, outside probate (gov.uk, as at June 2026).

Joint bank accounts and jointly held savings. These usually pass to the surviving account holder automatically.

Small amounts of savings. Some banks release modest balances without a grant, though each sets its own limit.

Probate is more likely to be needed where the person owned a property in their sole name, held larger sums with a single provider, or owned land or shares that must be transferred or sold. Because the rules differ by provider, many people confirm the position with each organisation before assuming probate is or is not required. Our related guide asks Do You Need Probate? When It Is Required in more detail.

A worked example (illustration only). Say a widow dies owning a house in her sole name worth £320,000, a current account of £18,000 and premium bonds of £9,000. Because the home is in her sole name and the bank balance is above the level that provider will release without a grant, her executors are likely to need a grant of probate before the house can be sold and the account closed. Had the house instead been jointly owned with a surviving partner as joint tenants, that part would pass automatically and might have removed the need for probate altogether. Every estate is different, so this is general information rather than a view on any particular estate.

What does probate cost?

The court application fee in England and Wales is £300 where the estate is valued at more than £5,000, and there is no fee where the estate is £5,000 or less (gov.uk, as at June 2026, subject to change). Extra copies of the grant, useful when several organisations need to see it at once, cost £16 each. On top of the court fee, some people pay a professional to handle the administration, and those fees vary widely.

Item	Fee (June 2026)
Application, estate over £5,000	£300
Application, estate £5,000 or less	No fee
Extra copy of the grant	£16 each
Second application	£21

Item

Fee (June 2026)

Application, estate over £5,000

£300

Application, estate £5,000 or less

No fee

Extra copy of the grant

£16 each

Second application

£21

Source: gov.uk/applying-for-probate/fees, as at June 2026, subject to change. Professional fees are separate and vary. See our guide on How Much Does Probate Cost?

How long does probate take?

There is no fixed timetable, and it depends heavily on the estate. Straightforward estates can be completed in a matter of months, while those with property to sell, inheritance tax to settle, or disputes among beneficiaries often take considerably longer. Any inheritance tax generally has to be reported, and often paid, before the grant is issued, which can add time at the start. Our fuller guide covers How Long Does Probate Take in the UK?

Probate and inheritance tax

Inheritance tax and probate are linked but separate. Before a grant is issued, the estate's value is reported to HMRC, and where tax is due it often has to be paid, or arranged, first. The standard inheritance tax rate is 40%, charged only on the part of an estate above the available tax-free thresholds, with a reduced rate of 36% where at least 10% of the net estate is left to charity (gov.uk, as at June 2026, subject to change).

Allowance or rate	Level (June 2026)
Nil-rate band	£325,000
Residence nil-rate band	Up to £175,000
Standard rate	40%
Reduced rate (10%+ to charity)	36%

Source: gov.uk/inheritance-tax. These thresholds are fixed until the end of the 2030-31 tax year (5 April 2031) (gov.uk), subject to change. For more, see Inheritance Tax Explained.

What happens if there is no will?

If someone dies without a valid will, they are said to die intestate, and the rules of intestacy decide who inherits. The closest living relative usually applies for letters of administration rather than a grant of probate. Under the intestacy rules, a surviving spouse or civil partner receives a fixed sum before the rest of the estate is divided, and unmarried partners receive nothing (gov.uk, as at June 2026). Our guide on Dying Without a Will: Intestacy and Letters of Administration explains who inherits and in what order.

Probate in Scotland and Northern Ireland

This guide describes the law of England and Wales. Scotland uses a different process called confirmation, granted by the sheriff court, and its succession law can give a spouse and children fixed legal rights to a share of an estate. Northern Ireland has a separate system that is broadly similar to England and Wales, with its own probate office. If an estate touches more than one UK nation, it can be worth taking advice in each.

Frequently asked questions

What is probate in simple terms?

Probate is the legal right to deal with the property, money and possessions of someone who has died. In England and Wales an official court document, the grant of probate, confirms that authority so banks and other organisations will release or transfer assets. Where there is no valid will, a similar document called letters of administration is used instead.

Is probate always needed when someone dies?

No, not always. Whether probate is needed depends on what the estate holds and how it was owned, rather than on the will alone. Assets held jointly as joint tenants often pass automatically to the survivor, and some banks release small balances without a grant. Each organisation sets its own rules, so many people check with each one before assuming probate is required.

How much does probate cost in England and Wales?

The court application fee is £300 where the estate is valued at more than £5,000, and there is no fee where the estate is £5,000 or less, according to gov.uk as at June 2026 and subject to change. Extra copies of the grant cost £16 each. Any professional fees for handling the administration are separate and vary widely.

Who can apply for probate?

Where there is a valid will, the executors named in it apply for the grant of probate. Where there is no will, the closest living relative usually applies for letters of administration instead. Applications can be made online or by post. The person applying takes on legal responsibility for administering the estate, so it can be worth taking advice before starting.

How long does probate take in the UK?

There is no fixed timescale. Simpler estates may be completed within a few months, while those with property to sell, inheritance tax to settle, or disagreements among beneficiaries often take longer. Reporting and paying any inheritance tax before the grant is issued can add time at the outset. Circumstances vary, so timings differ from one estate to another.

Do you have to pay inheritance tax before probate?

In many cases, yes. The estate's value is reported to HMRC before a grant is issued, and where inheritance tax is due it often has to be paid, or an arrangement made to pay it, first. There can be options to pay tax on certain assets in instalments. Because the rules are detailed, this is generally worth discussing with a qualified professional.

Can I do probate myself without a solicitor?

Many people administer straightforward estates themselves, applying online or by post. More complex estates, for example those with trusts, inheritance tax, business assets or disputes, often involve a solicitor or another qualified professional. Because the person applying takes on personal responsibility, some choose to take advice before deciding whether to handle it themselves.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at June 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

What Is Probate? A Plain-English Guide for England and Wales