What is probate — and do you always need to apply for it when someone dies?

What is probate, and why does it exist?

When someone dies, the people left behind need to be able to access their money, sell their property, and distribute their possessions according to the will. But institutions like banks, building societies, and the Land Registry will not simply hand over those assets to whoever claims to be in charge — they need legal proof that the person dealing with the estate has the authority to do so.

Probate provides that proof. If there is a valid will, the court issues a document called a Grant of Probate, which confirms the will is genuine and names the executor who can act. If there is no will, a similar document called Letters of Administration is issued instead, usually to the next of kin.

In either case, once you have this document, banks and other institutions will deal with you. Without it, they generally will not — no matter how close your relationship to the person who died.

Do you always need probate when someone dies?

No — and this surprises many people. Whether you need probate depends on what the deceased owned and how those assets were held. Some common situations where probate is not required:

• Jointly owned assets — if property or bank accounts were held in joint names, they usually pass automatically to the surviving owner without probate, through a legal principle called “right of survivorship”
• Small bank accounts — many banks will release funds below a certain threshold on production of the death certificate and a simple form. The threshold varies but is typically between £15,000 and £50,000 depending on the institution
• Life insurance with a named beneficiary — if the policy names a specific person (rather than “the estate”), it pays out directly to that person without going through probate
• Small estates under £5,000 — estates worth less than £5,000 are exempt from the probate fee, and many institutions will handle them informally

If the person who died owned a house in their sole name, you will almost certainly need probate — the Land Registry requires it before ownership can be transferred or the property sold.

What does the probate process actually involve?

If you are named as an executor in someone’s will and probate is needed, here is roughly what you will need to do:

• Register the death and obtain the death certificate. You will need several certified copies — one for the bank, one for the mortgage lender, one for probate, and so on. Since November 2025, extra copies of the probate grant cost £16 each (up from £1.50), so order what you need at the start
• Gather details of the estate — list all assets (property, bank accounts, investments, pensions, personal possessions) and all debts (mortgage, loans, credit cards). Every bank and financial institution will need to be contacted separately
• Complete an inheritance tax return — even if no inheritance tax is due (most estates fall below the threshold), you usually still need to report the estate value to HMRC using form IHT205 or IHT400, depending on the size and complexity of the estate
• Apply for the Grant of Probate — this is done online through GOV.UK or by post to the Probate Registry. You will need the original will, the death certificate, and the completed PA1P form (if there is a will) or PA1A (if there is not). The current fee is £300 for estates over £5,000
• Administer the estate — once the grant arrives, you can close accounts, sell property, pay any debts, and distribute what remains to the beneficiaries named in the will, or according to the rules of intestacy if there is no will

How much does probate cost in 2026?

If you apply yourself, the core costs are straightforward:

• £300 — the court fee (for estates over £5,000; nothing to pay for estates of £5,000 or less)
• £16 per extra copy of the grant — you will typically need 5–10 copies for banks and institutions. This rose sharply from £1.50 per copy in November 2025, so budget carefully
• £11 per death certificate copy — ordered from the General Register Office

A straightforward DIY application with 8 copies of the grant now costs around £428 in official fees alone — roughly £113 more than a year ago, before the copy fee increase.

If you use a solicitor, fees range widely. For a straightforward estate, expect £2,000–£5,000 or more, depending on complexity. Some firms charge 1–2% of the estate value, which can be very expensive on a large estate. Always ask for a written quote and compare at least two firms before committing.

How long does probate take?

This is one of the most frustrating parts of the process, and something families are often unprepared for. HMCTS currently processes online applications within roughly 4–6 weeks, though postal applications take longer. But the grant arriving is not the end — it is the beginning of estate administration.

The overall process — from death to final distribution — typically takes 9–12 months for a straightforward estate. Complex cases (multiple properties, overseas assets, family disputes, or a large inheritance tax bill) can take considerably longer. Legal waiting periods are built into the process to give creditors time to come forward, and HMRC may take weeks or months to confirm the inheritance tax position.

One practical tip: contact banks early with a death certificate and ask what their internal threshold is for releasing funds informally. Some will release money to cover funeral expenses before the grant arrives, which can ease a great deal of financial pressure in those first difficult weeks.

Should you use a solicitor — or can you do it yourself?

Many people handle probate themselves, particularly for straightforward estates. The GOV.UK website has clear guidance, and the online application system is designed to be used by non-lawyers. If the estate is simple — one property, a few bank accounts, a clear will, no inheritance tax — doing it yourself is entirely reasonable and can save thousands of pounds.

A solicitor is well worth considering if:

• The estate is large enough to attract inheritance tax (above £325,000 for a single person, or up to £650,000 for a couple, depending on circumstances)
• There is no will, or the will is complex or contested
• The estate includes business assets, overseas property, or trusts
• Family members are in dispute about the will or the estate
• You are the executor but live far away, or are grieving and simply do not have the capacity to manage months of paperwork

If you do use a solicitor, you do not have to hand over full control. You can instruct them just to obtain the Grant of Probate, then handle the rest yourself. This “grant only” service typically costs £500–£1,000 and gives you the legal document you need without paying for full estate administration.