Probate explained: what it is, whether you need it, and how to apply
A plain-English guide to grants of probate and letters of administration in England and Wales: when they are needed, what applying involves, what it costs and how long it takes.
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Probate in five lines
- Probate is legal authority to deal with someone's estate, proof that institutions can safely release money to you.
- With a will you get a grant of probate; without one, letters of administration. Same authority, different name.
- Roughly half of deaths need it. Jointly owned assets and small accounts usually don't.
- It costs £526 in England and Wales, or nothing for estates of £5,000 or less.
- Online applications typically take 4–6 weeks once submitted; paper takes considerably longer.
If you've been named as an executor, "probate" is probably the word you've heard most and understand least. It sounds like a process you go through. It's closer to a document you obtain.
What probate actually is
A grant of representation is a court document confirming that a named person has legal authority to deal with a dead person's estate.
It exists to protect the institutions. A bank holding £80,000 needs to know that the person asking for it is entitled to it, and that paying it out discharges their obligation. The grant is that assurance. It's why banks will release small sums on a death certificate alone but insist on a grant for larger ones: they're weighing their own risk.
The grant doesn't decide who inherits. The will does that, or the intestacy rules. The grant only says who has authority to carry it out.
Grant of probate or letters of administration?
| Grant of probate | Letters of administration | |
|---|---|---|
| When | There's a valid will naming executors | No valid will, or no executor able to act |
| Who applies | The executor named in the will | The closest relative, in a legal order of priority |
| Called | Executor | Administrator |
| Who inherits | As set out in the will | Fixed by the intestacy rules |
Both are types of "grant of representation", and both give the same practical authority. Collectively, the person holding one is the personal representative.
Do you need probate?
Around half of deaths in England and Wales lead to a probate application. The answer turns on how assets were held rather than how much they were worth.
You probably won't need it if
- Everything was owned jointly as joint tenants, the default for most couples' homes and bank accounts, so it passes automatically to the survivor.
- The estate is very small, generally under £5,000.
- Every institution holding money will release it below its own threshold.
- All the assets have named beneficiaries or are written in trust, such as many pensions and life policies.
You probably will need it if
- There's property in the deceased's sole name, or held as tenants in common.
- Any single institution holds more than its release threshold.
- There are shareholdings registered in their sole name.
Thresholds are set by each institution, not by law, and they apply per institution rather than to the estate as a whole. Most major UK banks now sit around £50,000, but they vary; ask each one directly. It's a two-minute phone call that can save you £526 and two months.
What you need before you apply
- The original will and any codicils, not a copy.
- The death certificate.
- A complete valuation of the estate at the date of death: every asset, every debt.
- The inheritance tax position settled. For most estates this means reporting the values; where tax is due, HMRC has to be paid first and issue a code before the application can proceed.
The valuation is the part that takes the time: tracing assets and debts is where most of it goes. The application itself is comparatively quick.
How to apply, step by step
- Confirm you're entitled to apply: named executor, or next in the order of priority.
- Value the estate and establish the inheritance tax position.
- Report to HMRC and, if tax is payable, pay it and obtain the code confirming it.
- Apply online through the GOV.UK probate service, or on paper using form PA1P (with a will) or PA1A (without).
- Send the original will to the probate registry: applications are not complete until it arrives.
- Pay the fee and order extra sealed copies.
- Wait. The registry may raise queries, which restarts the clock.
You can do this yourself. Most people who use a solicitor are paying for the valuation and administration work, not for the application form. Solace can handle the valuation and administration for you, whether or not you use a solicitor.
What it costs
| Item | Cost |
|---|---|
| Probate application (estates over £5,000) | £526 from 13 July 2026 (previously £300) |
| Estates of £5,000 or less | No fee |
| Extra sealed copies of the grant | £2 each when ordered with the application |
| Solicitor, if you use one | Typically a percentage of the estate or an hourly rate, far more than the court fee |
Order more copies than you think you need. Every bank, registrar and provider wants its own, and ordering later costs more.
For what solicitors, fixed-fee firms and banks actually charge, with real published prices and two worked examples, see how much does probate cost in 2026?
How long it takes
Two different clocks get confused here.
The grant itself: online applications are commonly processed in around four to six weeks; paper applications and anything needing manual review take substantially longer. Queries from the registry reset the wait.
The whole estate: a straightforward estate typically takes six to nine months from death to final distribution. Add inheritance tax, a property sale or any dispute and twelve to eighteen months is normal.
Check the current published processing times before making promises to beneficiaries; they move. We track HMCTS's monthly figures on how long probate takes right now.
What happens after the grant
- Send certified copies to every bank, provider and registrar so they release what they hold.
- Open a separate executor's account so estate money never mixes with your own.
- Consider a statutory creditor notice before paying anyone out.
- Pay in order: funeral and administration costs, then debts, then legacies, then the residue.
- Wait out the claim period: most people distribute the residue at around ten months. All the deadlines are here.
- Prepare estate accounts and get the beneficiaries to approve them.
When it gets complicated
- The will can't be found, or only a copy exists; there's a separate procedure, and it's slower.
- Someone enters a caveat to stop a grant being issued, usually because the will or the applicant is disputed.
- An executor doesn't want to act: they can formally renounce, or reserve their power for later.
- The estate is insolvent: debts exceed assets, and there's a strict statutory order of payment. Take advice before paying anyone.
- Assets abroad: a UK grant doesn't travel; you'll usually need a local process too.
Common questions
What is probate in simple terms?
Probate is a court document confirming that a named person has legal authority to deal with a dead person's estate. It exists mainly to protect banks and other institutions, giving them assurance that releasing money to that person discharges their obligation. It does not decide who inherits; the will or the intestacy rules do that.
Do you always need probate when someone dies?
No. Around half of deaths in England and Wales lead to a probate application. You usually will not need it where everything was held jointly as joint tenants and passes to the survivor, where the estate is under about £5,000, or where every institution will release funds below its own threshold. You usually will need it where there is property in the sole name of the person who died.
What is the difference between probate and letters of administration?
A grant of probate is issued where there is a valid will naming executors. Letters of administration are issued where there is no valid will, or no executor able to act, and the closest relative applies instead. Both give the same practical authority and both are types of grant of representation.
How much does probate cost in the UK in 2026?
The application fee in England and Wales is £526 from 13 July 2026, up from £300. Estates valued at £5,000 or less pay no fee. Extra sealed copies of the grant cost £2 each when ordered with the application. Solicitors' fees, if you use one, are separate and usually much larger.
How long does probate take?
Online applications are commonly processed in around four to six weeks once submitted, while paper applications and anything needing manual review take considerably longer. Administering the whole estate typically takes six to nine months for a straightforward case, or twelve to eighteen months where there is inheritance tax, a property sale or a dispute.
Can I apply for probate myself without a solicitor?
Yes. Executors can apply directly through the GOV.UK probate service or on paper using form PA1P, or PA1A where there is no will. Most of the cost of using a solicitor is for valuing the estate and administering it, not for completing the application.
What is the probate threshold in the UK?
There is no single legal threshold. Each bank or provider sets its own limit for releasing funds without a grant, and it applies per institution rather than to the whole estate. Most major UK banks now sit around £50,000, but they vary, so ask each one directly.
What do I need before applying for probate?
The original will and any codicils, the death certificate, a complete valuation of the estate at the date of death, and the inheritance tax position settled with HMRC. Where tax is due it generally has to be paid before the grant can be issued.
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Important
Solace is not a firm of solicitors and does not provide legal, tax or financial advice. We are an estate administration service and we are not regulated by the Solicitors Regulation Authority, the Financial Conduct Authority or any equivalent body. Nothing in this guide constitutes legal, tax or financial advice, and no solicitor–client relationship is created by reading it.
This article is general information only. It reflects the position in England and Wales at the date shown above; the law and the figures change, and Scotland and Northern Ireland differ in important respects. It may not apply to your circumstances. Administering an estate carries personal legal responsibility, and you should obtain advice from a qualified solicitor, accountant or other regulated professional where appropriate. Always check current rates, fees and deadlines against GOV.UK before acting.