What does a grant of probate do?
A grant is the court document that proves who has authority to collect in and deal with the estate. Banks, investment providers and HM Land Registry act on it. GOV.UK advises that you should not make financial plans or put property on the market until you have it.
There are three kinds of grant, and people call all of them “probate”. The probate service issues:
- a grant of probate if there is a will and a named executor applies;
- letters of administration with will annexed if the will names no executor or the executor cannot apply;
- letters of administration if there is no will, in which case the intestacy rules decide who inherits.
When is probate needed?
Probate is needed when an organisation holding the person's assets will not release or transfer them without a grant. GOV.UK tells you to contact each organisation because every organisation has its own rules.
| Asset | Usually needs a grant? |
|---|---|
| House or land in the person's sole name | Yes. HM Land Registry needs the grant to transfer it to a beneficiary, and a buyer needs a copy. |
| Share of a property owned as tenants in common | Yes. The share does not pass automatically; it goes under the will or intestacy (GOV.UK). |
| Property owned as joint tenants | No. It passes to the surviving owner, who removes the name with form DJP and a death certificate. |
| Joint bank accounts | No. The money passes to the surviving account holder. |
| Money in the person's sole name | It depends on the organisation. For example, Barclays asks for a grant if the person held more than £50,000 across sole accounts with it, and NS&I may ask when their total savings are £5,000 or more. |
| Pension or life policy with a nomination or trust | Usually no. The scheme or trustees pay out under their own rules. |
Work through your own situation with the probate checker, or read do I need probate? for the detail.
Who can apply for probate?
If there is a will, the executors named in it can apply, and up to four can be named on the application. An executor who does not want to act can reserve power to apply later, or give up the role permanently with form PA15.
If there is no will, the closest living relative applies: normally the husband, wife or civil partner (even if separated), then children aged 18 or over. An unmarried partner cannot apply. Where a beneficiary is under 18 or a life interest arises, the court normally grants administration to at least two people (Senior Courts Act 1981, s.114).
What are the steps in the probate process?
The process runs in the same order for most estates:
- Value the estate. Estimate what the person owned and owed at the date of death. You need these figures even if no tax is due.
- Check the inheritance tax position. Most estates are excepted estates: you report their values in the probate application and can apply straight away. Form IHT205 is only for deaths before 1 January 2022.
- If full details are needed, send form IHT400 to HMRC, start paying any tax, and wait for HMRC's code, usually within 20 working days.
- Apply for the grant online or by post (form PA1P with a will, PA1A without), and send the original will.
- Collect the assets by sending copies of the grant to each organisation.
- Pay debts and taxes, after placing a notice in The Gazette that gives creditors two months to claim (GOV.UK).
- Distribute the estate under the will or the intestacy rules, and prepare final estate accounts.
The executor checklist breaks each stage into tasks.
How much does probate cost?
The court fee is £526 for an estate worth more than £5,000, and there is no fee at £5,000 or less. These fees apply from 13 July 2026 under the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, whose start date was moved from 6 to 13 July by S.I. 2026/665.
| Item | Fee |
|---|---|
| Application, estate over £5,000 | £526 (was £300) |
| Application, estate £5,000 or less | No fee |
| Extra copies ordered with the application | £2 each |
| Copies ordered later | £16 each |
| Second application after a grant | £22 |
You may get help with the application fee on a low income, but not with copies. Professional fees, valuations and any inheritance tax are separate; see probate costs or try the fees estimator.
How long does probate take?
GOV.UK says you will usually get the grant within 12 weeks of submitting your application, and it can take longer if the registry needs more information. Paper applications take longer than online ones. Valuing the estate comes first, and collecting assets, paying debts and distributing come after, so the whole administration takes longer than the grant. More detail: how long probate takes.
Can you do probate yourself?
Yes. You can apply online or by post without a solicitor, and GOV.UK notes this can be cheaper than paying a probate practitioner. GOV.UK suggests considering professional help if the estate has a lot of assets or includes things like trusts. Advice is also sensible if the estate cannot pay its debts, owns property abroad, or someone disputes the will. SwiftWill does not sell probate or executor services.
Is probate different in Scotland and Northern Ireland?
Yes. Scotland and Northern Ireland have their own processes, and in Scotland the grant is called confirmation. This guide covers England and Wales only; see wills in Scotland for the differences.
Sources
- GOV.UK: Applying for probate (including fees, before you apply, and after you've applied)
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), article 3
- The Court and Tribunal Fees (Miscellaneous Amendments) (Change of coming into force) Order 2026 (S.I. 2026/665)
- GOV.UK: Value the estate and report it for Inheritance Tax
- GOV.UK: Dealing with the estate of someone who has died
- GOV.UK: Update property records when someone dies and joint property ownership
- Senior Courts Act 1981, section 114
- Barclays: bereavement support and NS&I: bereavement (examples of institution rules)
Sources checked 24 September 2026.