What is probate and do you need it?
Probate is the legal authority to deal with someone's estate. Not every estate needs it — check before you start.
The short answer
- Probate is the document giving executors legal authority to deal with an estate.
- With a will it is a grant of probate; without one, letters of administration.
- You often do not need it for small estates, or for assets held as joint tenants, which pass automatically to the survivor.
- The application fee is £300 for estates over £5,000; below that, nothing.
- Where inheritance tax is due, it generally has to be paid before the grant is issued.
What's on this page
What the grant actually is#
A court document confirming who has authority to collect in the deceased's assets, pay their debts and distribute what remains. Banks, the Land Registry and share registrars use it as proof before releasing or transferring anything substantial.
- Grant of probate
- Issued to executors named in a valid will.
- Letters of administration
- Issued where there is no will, or no willing executor. The applicant is called an administrator, chosen by a strict statutory order — usually the spouse, then children.
- Letters of administration with will annexed
- Where there is a will but the named executors cannot or will not act.
When you do not need probate#
- Assets held as joint tenants. A jointly owned home or joint bank account passes automatically to the survivor by survivorship. Note that property held as tenants in common is different — that share passes under the will.
- Small estates. Most banks release balances below their own threshold without a grant. Limits vary by institution, commonly somewhere between £5,000 and £50,000. Ask each one directly, and in writing.
- Assets outside the estate — most pensions paid at trustees' discretion, and life policies written in trust.
If there is a property in the deceased's sole name, you will almost certainly need a grant.
How to apply#
- Find the original will and any codicils. A copy is not enough.
- Value the estate as at the date of death. Write to every bank, pension provider, insurer and registrar; get a professional valuation for property.
- Report to HMRC. Depending on the estate you may need a full inheritance tax account (IHT400) or, for many excepted estates, only limited information as part of the probate application.
- Pay any inheritance tax due — generally before the grant is issued. Banks can often pay HMRC directly from the deceased's accounts under the Direct Payment Scheme.
- Apply online or by post, with the £300 fee for estates over £5,000. Order extra copies of the grant — roughly one per institution — at about £1.50 each.
- Send the original will to the probate registry. You do not get it back; it becomes a public document.
Inheritance tax usually has to be paid before the grant is issued — but the money is locked in the estate until the grant exists. Ways round it: the HMRC Direct Payment Scheme, paying tax on land and buildings in ten annual instalments, a short-term executors' loan, or life cover written in trust that pays out immediately outside the estate.
What happens after the grant#
- Collect in the assets: close accounts, sell or transfer property and investments.
- Pay debts in the correct legal order. Consider placing statutory advertisements under section 27 of the Trustee Act 1925 to protect yourself from unknown creditors.
- Prepare estate accounts.
- Distribute to the beneficiaries, taking receipts.
Executors are personally liable for errors, so most wait at least six months from the grant before distributing, to allow for claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Do it yourself, or use a solicitor?#
Doing it yourself is realistic for a modest, well-documented, uncontested estate — the online service is reasonably clear. Get help where there is inheritance tax to calculate, a business or farm, foreign assets, an intestacy with complicated family, missing beneficiaries, or any hint of a dispute.
If you do instruct a professional, ask how they charge. Percentage-of-estate fees — sometimes 1% to 5% — get very large on a house-heavy estate, and a fixed-fee grant-only service may cost a fraction of that for the same outcome.
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Frequently asked questions
How much does probate cost?
£300 for the court application on estates over £5,000, and nothing at or below that. Extra copies of the grant cost about £1.50 each. Solicitor fees are separate: commonly £500–£1,500 for a grant-only service, or a percentage of the estate for full administration.
Can I deal with an estate without probate?
Often, yes — where assets were held jointly as joint tenants, or where balances fall under each institution's threshold for release without a grant. Ask every bank and provider what they require; the answer varies between them and is not always volunteered.
Who applies if there is no will?
The closest relative, following the statutory order of priority: spouse or civil partner first, then children, then parents, then siblings, and so on. They apply for letters of administration. See what happens without a will.
Does the will become public?
Yes. Once a grant is issued, the will and grant are public documents and anyone can order copies. Families are frequently surprised by this — it is a good reason to keep sensitive explanations in a letter of wishes rather than in the will itself.
This is general information, not legal advice. Everyone's situation is different — speak to a qualified adviser before acting. KeepTheLot is an independent information service covering England & Wales. We are not a law firm.
Part of our guide to probate.