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What is probate in the UK?

Quick answer

Probate is the legal authority to deal with someone's estate after they die. The executor named in the will applies for a Grant of Probate (or, with no will, a relative applies for Letters of Administration). It costs £526 for estates over £5,000, typically takes 4–12 weeks for the grant, and isn't needed for jointly owned assets or small balances.

In short

What is probate in the UK, for England and Wales: the court confirms who may collect, pay and distribute a dead person’s sole-name assets. With a will that is a Grant of Probate; without one, Letters of Administration. The application fee is £526 above £5,000 (from 13 July 2026). Gov.uk: gov.uk/applying-for-probate.

This hub is the probate cluster. Need/not-need, costs and timelines have their own URLs so we do not paste three full tables here. Start with what to do when someone dies if the death was this week — probate is not a five-day task.

SwiftWill does not sell probate. Scotland’s confirmation is a different system. Checked 22 August 2026.

What is probate at a glance?

Probate (or letters of administration) is the grant that unlocks sole-name assets. Joint tenants and many small bank balances skip it. Court fee £526 over £5,000. Grant often 4–12 weeks after a digital application; the whole estate 6–12 months. DIY is normal for a house, some savings and a clear will.

  • £526

    Court fee for estates over £5,000, from 13 July 2026. £0 at or under £5,000.

  • 4–12 wks

    Typical wait for the grant after a complete digital application. Not the whole job.

  • £1.50

    Extra sealed copies. Order several — each bank and the Land Registry want one.

  • No sale

    We never sell executor or probate services. A clear will is what we sell, once.

What is probate in one paragraph?

When someone dies, their sole-name assets are locked. Probate is the process that unlocks them: the court confirms who has authority (the executor under the will, or an administrator under the intestacy rules), checks the inheritance tax position, and issues the grant. Banks, investment platforms and the Land Registry then act on that grant. Without a will the process is the same shape, but the document is called Letters of Administration and the applicant is the person the law puts first in line.

People say “probate” for both documents. Fine in conversation. On forms, use the right name. PA1P is the paper form with a will; PA1A without. Most people now apply online.

When is probate needed, and when is it not?

Usually not needed for jointly owned property and joint bank accounts (they pass to the survivor), assets in trust, nominated pension death benefits, and small balances each bank releases at its own threshold. Almost always needed for a sole-name house or land, and for sole-name savings above that bank’s limit.

  • Usually not needed: jointly owned property and joint bank accounts (pass to the survivor), assets held in trust, nominated pension death benefits, and small balances each bank releases at its own threshold.
  • Almost always needed: a sole-name property or land, and sole-name savings or investments above the bank's threshold.

Full breakdown in do I need probate? — or get an instant steer from the probate checker. Tenants in common are the trap: the deceased’s share needs a grant even if the survivor lives there.

What is the difference between a grant of probate and letters of administration?

Grant of Probate: there is a valid will and an executor who will prove it. Letters of Administration: no will, or no executor who can act, so the person entitled under intestacy applies. Both are “the grant”. Banks and the Land Registry want a sealed copy of whichever you have.

If the will exists but was never signed, you are in letters-of-administration territory. Signing failures are why how to sign a will exists. Do not “fix” a bad will after death with a family agreement.

What are the steps in the probate process?

Value everything at the date of death, report to HMRC, apply for the grant, collect assets, pay debts and tax in order, then distribute and keep accounts. The working sequence is the executor checklist. First-week tasks sit on what to do when someone dies.

  1. Value the estate — every asset and debt at the date of death, including property, savings, investments, pensions and possessions of value.
  2. Report to HMRC — even when no tax is due, the IHT205 (excepted estates) or full IHT400 must be filed; any inheritance tax owed usually has to be at least partly paid before the grant issues.
  3. Apply for the grant — online via gov.uk, or on paper (form PA1P with a will, PA1A without), with the £526 fee for estates over £5,000.
  4. Collect the assets — close accounts, sell or transfer property, claim pension death benefits.
  5. Pay what's owed — funeral costs, debts, taxes, in the legal order.
  6. Distribute and account — pay the beneficiaries as the will (or intestacy) directs, and keep estate accounts.

How much does probate cost?

The unavoidable court fee is £526 over £5,000, plus £1.50 copies. DIY of a straightforward estate is often £600–£800 all-in. Solicitors commonly £1,500–£5,000+ or 1–5% of the estate. The estate reimburses the applicant. Full comparison: probate costs UK.

Estimator: probate fees estimator. IHT is not a “fee” but is often the largest cheque. This page will not pretend a £35 will removes IHT.

How long does probate take?

The grant itself is often 4–12 weeks after a complete digital application. Full administration is usually 6–12 months. Property sales, IHT queries and disputes add time. Detail: how long does probate take.

A missing original will, a beneficiary-witness, or an unmarried partner with no document are the delays a £35 will was meant to prevent. You cannot buy those back after the death.

Should you do probate yourself or hire a professional?

Most straightforward estates — a house, some savings, a clear will, cooperative family — are administered without professionals, and the online application is designed for exactly that. Pay for help where the estate is taxable, includes a business or foreign assets, or where a dispute is brewing; a fixed-fee probate service or solicitor will quote against the estate. SwiftWill never sells probate or executor services — but a clear, properly signed will is the single biggest factor in how smoothly probate goes.

Hybrid is allowed: you apply, they complete the IHT400. Ask for a fixed fee and whether VAT and conveyancing are extra. Percentage-of-estate quotes on a £400,000 house add up fast.

The verdict: is probate something to fear?

Not if the will is valid, the house title is understood, and the family is not at war. Fear the missing original, the unsigned PDF, and intestacy for a cohabitee. This hub is not confirmation in Scotland, not an IHT calculation, and not a solicitor. Make the will while you can — £35 — so someone else has a grant to apply for rather than a formula.

Frequently asked questions

What is probate, in plain English?

Probate is the court-issued authority to deal with a dead person's money and property. With a will, the executor gets a Grant of Probate; without one, the closest relative under intestacy gets Letters of Administration. Banks and the Land Registry act on that document — until then, sole accounts stay frozen and property can't be sold.

Do all estates need probate?

No. Jointly owned assets usually pass automatically to the survivor, and banks release small balances (thresholds vary, roughly £5,000–£50,000) on the death certificate alone. Sole-name property or significant sole savings almost always need a grant. Our probate checker gives a quick steer.

How much does probate cost in 2026?

The court application fee is £526 for estates over £5,000 (it rose from £300 on 13 July 2026), plus £1.50 per extra sealed copy of the grant. DIY probate costs little more than that; solicitors typically charge £1,500–£5,000+ or a percentage of the estate for full administration.

How long does probate take?

For straightforward estates the grant itself often arrives within 4–12 weeks of a digital application. The full administration — valuing, paying, distributing — typically takes 6–12 months, longer if there's property to sell, inheritance tax to resolve, or a dispute.

Can I do probate myself without a solicitor?

Yes, and most straightforward estates are handled without one. The online application (or form PA1P with a will, PA1A without) plus HMRC inheritance tax forms is genuinely manageable. Consider professional help for taxable, business, foreign or contested estates.

What is the difference between probate and letters of administration?

Same job, different document. Grant of Probate: there is a valid will and the executor applies. Letters of Administration: there is no will (or no proving executor) and the person entitled under intestacy applies. Banks treat both as the grant.

Do I pay inheritance tax before probate?

If IHT is due, some or all of it usually has to be paid before the grant issues. The Direct Payment Scheme lets a bank pay HMRC from the deceased’s account. Excepted estates use a shorter form. This hub is not a tax return — use gov.uk or an adviser for the numbers.

Does SwiftWill do probate?

No. We never sell probate or executor services. These guides exist so a straightforward estate can be done without us, and a complex one can be taken to a solicitor with the right questions.

A clear will makes probate faster and cheaper

The estates that sail through are the ones with an up-to-date will and organised documents. Make yours in about 15 minutes — £35 once.

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Published by SwiftWill. Content updated 22 August 2026. General information for England and Wales. Sources are linked in the guide; publication is not an individual legal review.