Probate: What It Is and When You Need It
Probate is the legal process of dealing with someone's money, property and possessions after they die. A 'grant of probate' (or 'letters of administration' if there's no will) is the official document that gives the executors or administrators the authority to gather in the estate, pay any debts and tax, and distribute what's left. This guide explains when probate is needed, how to apply, and what it costs in 2026.
- ✓Probate is usually needed where the person owned property or land in their sole name, or held sums an institution will not release without it.
- ✓It is often not needed where everything was owned jointly, because that normally passes to the survivor automatically.
- ✓With a will the executors apply for a grant of probate. Without one, the closest relative applies for letters of administration.
- ✓The application fee in England and Wales rose from £300 to £526 on 13 July 2026. There is no fee at all for an estate of £5,000 or less.
- ✓Extra copies of the grant cost £2 each if you order them with the application, but £16 each afterwards. Work out how many you need before you apply.
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When is probate needed?
Whether you need probate depends on what the person owned and how it was held. It's usually needed when:
- Yes: The person owned property or land in their sole name
- Yes: They held significant sums with a bank or other institution (each sets its own threshold above which it asks for probate)
- Yes: They held shares or investments that need to be transferred or sold
It's often not needed when:
- Yes: Everything was owned jointly (e.g. a joint bank account or a home owned as 'joint tenants'), it usually passes automatically to the survivor
- Yes: The estate is small and below each institution's threshold
Probate with and without a will
- Yes: With a will: the executors named in the will apply for a 'grant of probate'
- Yes: Without a will (intestate): the closest relative applies for 'letters of administration' and becomes the administrator
- Yes: Either way, the grant proves your legal authority to deal with the estate
If there's no will, the intestacy rules decide who inherits, see dying without a will.
How to apply (England & Wales)
What probate costs in 2026
- Yes: The probate application fee is £526 for estates worth more than £5,000 (applications issued on or after 13 July 2026)
- Yes: There is no fee if the estate is £5,000 or less
- Yes: Extra official copies of the grant cost £2 each if you order them at the same time as your application, or £16 each if you order them later
- Yes: You can apply yourself to keep costs down, or use a solicitor or probate specialist (who charge fees, sometimes a percentage of the estate)
Scotland and Northern Ireland
- Yes: Scotland: the equivalent is 'confirmation', applied for through the local sheriff court, the process and fees differ from England & Wales
- Yes: Northern Ireland: probate is handled by the Probate Office of the High Court, with its own forms and fees
Check mygov.scot or nidirect.gov.uk for the current process and costs.
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Frequently asked questions
When do you need probate?
Probate is usually needed when the person who died owned property or land in their sole name, or held significant sums with a bank or other institution that requires it. It's often not needed where everything was owned jointly (passing automatically to the survivor) or the estate is small and below each institution's threshold. If unsure, ask each organisation what they require.
How much does probate cost in 2026?
In England and Wales the probate application fee is £526 for estates worth more than £5,000, and there is no fee if the estate is £5,000 or less. The fee rose from £300 to £526 on 13 July 2026 and applies to applications issued on or after that date. Extra copies of the grant cost £2 each if ordered with the application, or £16 each if ordered later, so work out how many you need before you apply. This is separate from any Inheritance Tax due and from any solicitor's fees.
What's the difference between probate and letters of administration?
If there's a will, the named executors apply for a 'grant of probate'. If there's no valid will, the closest relative applies for 'letters of administration' and acts as administrator. Both documents give legal authority to collect in the estate, pay debts and tax, and distribute what's left.
Can I do probate myself without a solicitor?
Yes. Many people apply for probate themselves, online or by post, which keeps costs to the £526 application fee. A solicitor or probate specialist can help with larger or more complex estates, for example where there's Inheritance Tax, a business, property abroad, or a dispute, but they charge fees, sometimes a percentage of the estate.
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