What is probate in the UK?
This guide covers what probate involves, when it is needed, what a grant of probate is and how to apply for one, what it costs and how long it takes.
What does probate involve in practice?
Probate involves five things: valuing the estate, reporting inheritance tax, applying for the grant, paying the debts, and distributing what is left to the beneficiaries.
At its core, probate is about establishing the authority to act. When someone dies, their assets are frozen. Banks, insurers, HMRC and other institutions will not release money or transfer property until they have seen evidence that the person asking has a legal right to deal with the estate. That evidence is the grant of probate.
The stages run in this order:
Value the estate: all assets and liabilities at the date of death, including the deceased's share of anything held jointly. Our guide on how to value an estate for probate walks through it.
Deal with inheritance tax: complete the inheritance tax return and pay any tax due, before the grant will be issued.
Apply to the Probate Registry: online through GOV.UK or on paper, with the original will and the death certificate.
Sign the legal statement: the applicant confirms that the information given is true.
Collect, pay, distribute: once the grant is issued, the executor collects the assets, pays the debts, and distributes the estate.
When is probate needed?
Probate is usually needed when the deceased owned property in their sole name, held shares or investments registered in their name, or held more with one bank than that bank will release without a grant.
Bank release thresholds typically sit between £5,000 and £50,000, depending on the institution. There is no central rule. Each bank sets its own limit and publishes it on its bereavement pages, so ask before you assume. Our guide on what happens to a bank account when someone dies explains how accounts are frozen and released.
Probate is usually not needed in three situations:
Everything was held jointly: property held as joint tenants and joint bank accounts pass automatically to the surviving owner.
The estate is very small: every balance sits below the relevant provider's threshold and there is no property to transfer.
Every asset had a named beneficiary: pension funds and life insurance policies with nominations in place are paid directly to the person named.
What is a grant of probate?
A grant of probate is a document issued by the Probate Registry, part of HM Courts and Tribunals Service, confirming that the will is valid and that the named executor has the legal right to administer the estate.
Banks will not release large balances without it. Investment platforms will not transfer holdings. The Land Registry will not change property ownership. Pension providers usually want a copy before they pay out.
A grant of probate only applies where the deceased left a valid will naming an executor who is willing and able to act. Where there is no valid will, no named executor, or every named executor has died or declined to act, the equivalent document is letters of administration, and a relative applies as administrator instead. The practical authority is identical; only the route to it differs.
How do you apply for a grant of probate in the UK?
To apply for a grant of probate in the UK, you value the estate, report any inheritance tax to HMRC, then apply online at gov.uk/applying-for-probate or on paper using form PA1P. You will need the original will, the death certificate and the inheritance tax reference.
You can get a grant of probate yourself, and many executors do. Others instruct a probate solicitor or specialist. Our step-by-step guide on how to apply for probate covers both routes, form by form.
Estates that may have inheritance tax to pay need form IHT400 and its supporting schedules. For deaths on or after 1 January 2022, simpler estates no longer need form IHT205, because the information is reported as part of the probate application itself.
The costs, as of August 2026, are:
Application fee, estate over £5,000: £526, having risen from £300 on 13 July 2026.
Application fee, estate of £5,000 or less: no fee, whether or not there is a will.
Extra sealed copies of the grant: £2 each when ordered with the application, or £16 each if requested afterwards (GOV.UK).
Fixed-fee probate services: from around £1,000, for straightforward estates.
Solicitors charging a percentage: 1% to 5% of the estate value plus VAT, which runs into tens of thousands of pounds on larger estates.
Order between 5 and 10 sealed copies at the start, because each bank, pension provider and investment platform will want one and most keep the copy you send. All of these costs are paid from the estate, not by the executor personally.
Who deals with probate?
The executor named in the will deals with probate. Where there is no will, an administrator takes on the same job.
Executors are often family members or close friends, though solicitors and professional will writers are sometimes named. Being named does not oblige you to act: you can renounce the role. If you accept it, you take on legal responsibility for the estate. Our guide on what an executor of a will does sets out the duties and the liability in full.
Where there is no will, the right to apply follows a fixed order of priority: the surviving spouse or civil partner first, then children, then other relatives in sequence.
Both executors and administrators can appoint a solicitor. That does not remove the executor's legal responsibility. It delegates the practical tasks, and the cost is payable from the estate.
Does probate always involve inheritance tax?
No. Most estates pay no inheritance tax at all.
Inheritance tax applies to estates above the nil rate band of £325,000. Several reliefs raise that threshold: the residence nil rate band adds up to £175,000 where a home is left to direct descendants, transfers between spouses are generally exempt, and business and agricultural property reliefs can apply. Our guide on the inheritance tax threshold explains how the allowances stack up.
HMRC figures show that inheritance tax was paid on 4.72% of UK deaths in the 2023 to 2024 tax year, fewer than 1 in 20 estates (GOV.UK). Estates above a certain size must still submit an inheritance tax return, even where no tax is owed, to confirm to HMRC that there is no liability.
What happens if there is no will?
If the deceased died without a valid will, known as dying intestate, probate still happens, but two things change.
First, the applicant needs letters of administration rather than a grant of probate, and must be an eligible relative rather than a named executor.
Second, the estate is distributed under the intestacy rules rather than according to the deceased's wishes. Those rules follow a fixed hierarchy: spouse or civil partner first, then children, then other relatives in sequence. Unmarried partners have no automatic entitlement under the intestacy rules, however long the relationship lasted. GOV.UK sets out who inherits when there is no will.
How long does probate take in the UK?
Probate in the UK takes 9 to 18 months for most estates with any complexity, and a straightforward estate can go from death to final distribution in around 6 months.
The Probate Registry usually issues the grant within 12 weeks of a complete application (GOV.UK). It can take longer if extra information is needed, so build slack into your plans.
Five things reliably add time: property sales, inheritance tax queries from HMRC, disputes between beneficiaries, accounts or assets nobody knew about, and delays at the Probate Registry itself. Our guide on how long does probate take breaks the timeline down stage by stage.
What does probate not cover?
Probate does not cover assets that fall outside the estate, which pass directly to the surviving owner or the named beneficiary without a grant.
Jointly owned property: property held as joint tenants passes automatically to the surviving owner and never forms part of the estate.
Joint bank accounts: the balance passes automatically to the surviving account holder.
Pension funds with a nominated beneficiary: paid directly by the pension provider, not through the estate.
Life insurance with a named beneficiary: paid directly to the person named in the policy.
None of these need probate. Each is dealt with separately, direct with the relevant institution.
Frequently asked questions
You need the original will and any codicils, a certified copy of the death certificate, and the inheritance tax reference or completed inheritance tax forms. The Probate Registry keeps the original will once the grant is issued. Institutions rarely accept photocopies of the death certificate, so order certified copies before you start.
There is no single average, but 9 to 18 months from death to final distribution is typical for estates with any complexity. A straightforward estate can be completed in around 6 months. The grant itself is the shorter part: GOV.UK says it usually arrives within 12 weeks of a complete application.
Not automatically. A will does not decide whether probate is required; the assets do. You will usually need a grant where the deceased owned property in their sole name, held shares in their own name, or held more with one bank than that bank's release threshold, typically £5,000 to £50,000.
Yes. Most straightforward estates can be administered without one, using the GOV.UK online service and HMRC's published guidance. A solicitor is usually worth the cost where there is a contested will, overseas assets, business interests, property held under complex arrangements, or substantial inheritance tax to manage.
No. The term grant of probate applies in England and Wales. In Scotland, the equivalent is called confirmation and is applied for through the local Sheriff Court. In Northern Ireland it is also called a grant of probate, but it is administered through the Probate Office in Belfast. The principles match; the forms and fees differ.
This article is for general information only and does not constitute legal advice. Individual circumstances vary. If you are dealing with an estate, consider taking advice from a solicitor who specialises in probate. For other guidance specific to your circumstances, speak to a funeral director, Citizens Advice, or a regulated financial adviser.