Estate Planning

What Is Probate UK? A Simple 2026 Explainer

If someone close to you has died, you may be hearing the word “probate” for the first time. Here is what it means, when you need it, and how the process works in England and Wales.

12 May 2026·6 min read

In plain English

Probate is the legal authority to deal with a deceased person's estate. If there is a will, it is called a “Grant of Probate” and confirms the executor's right to act. If there is no will, it is called “Letters of Administration.” Banks, land registries, and investment platforms require this document before they will release money or transfer assets.

Why is probate needed?

When someone dies, their assets — bank accounts, property, investments — are effectively frozen. Nobody has the legal authority to move money or transfer ownership until a formal grant has been issued by the Probate Registry (part of HM Courts and Tribunals Service).

Probate solves two problems at once: it verifies the will is valid (or confirms the intestacy rules apply where there is no will) and it confirms who has authority to deal with the estate.

When do you NOT need probate?

Several common situations do not require probate:

Joint assets

Property or bank accounts held as joint tenants pass to the surviving owner automatically, outside probate.

Small estates

Banks set their own thresholds — typically £5,000–£50,000 — below which they release funds without a grant.

Pension funds

Pension death benefits pass via a nomination form (expression of wishes), not through the estate, so no probate required.

Life insurance in trust

If a life insurance policy was written in trust, it pays directly to the trust beneficiaries and bypasses the estate.

The probate process: step by step

Register the death. You must register the death within 5 days (England and Wales). Get multiple certified copies of the death certificate — banks, insurers, and the Probate Registry will each want one.
Find the will. Check the deceased's home, their solicitor, and the HMCTS Will Search service. If no will is found, the estate is intestate and Letters of Administration are required instead.
Value the estate. List all assets (bank accounts, property, investments, personal possessions) and all debts (mortgage, credit cards, bills). You need this to calculate whether inheritance tax is payable.
Complete the inheritance tax return. Even if no IHT is payable, HMRC usually requires a completed IHT205 (small estates) or IHT400 (larger estates) before probate is granted. IHT must be paid before probate is issued — which creates a catch-22 for many estates, as you cannot access bank accounts without probate.
Apply for probate. Apply online via gov.uk or by post to the Probate Registry. The fee is £300 (free for estates under £5,000). The grant is usually issued within 4–8 weeks of application.
Administer the estate. Use the grant to collect assets, pay debts and taxes, and distribute the estate according to the will (or intestacy rules). Keep records of everything — executors can be held personally liable for mistakes.

Probate fees in 2026

Item	Cost
Probate Registry application fee (estate over £5,000)	£300
Probate Registry application fee (estate under £5,000)	Free
Additional sealed copies of the grant	£1.50 each
Solicitor-managed full probate service (estimate)	£1,500–£10,000+
HMCTS Probate online service (DIY)	£300 court fee only

How a will makes probate easier

A will does not avoid probate — but it makes the process significantly simpler. With a valid will:

There is no dispute about who has authority to act (the executor is named)
The distribution of the estate is clear, reducing the risk of beneficiary challenges
The executor can apply for probate immediately after death, rather than spending time determining who the administrator should be
A well-structured will can reduce IHT, lowering the total tax bill before distribution

Without a will, the family must agree on who applies for Letters of Administration, follow the strict intestacy order of distribution, and risk longer delays and family disputes.

Frequently asked questions

Do you always need probate when someone dies?▼

No. Probate is not always required. You may not need it if: the estate is very small (usually under £5,000–£50,000 depending on the bank); all assets were jointly owned with a surviving co-owner (joint tenancy); or the assets pass by other means, such as a pension or life insurance policy with a named beneficiary. Most significant estates — those containing solely-owned property or substantial bank accounts — will require probate.

Who applies for probate?▼

If there is a will, the executor named in the will applies. If there is no will (intestacy), the closest living relative applies for Letters of Administration instead. If the named executor has died or refuses to act, another person may apply.

How long does probate take in the UK?▼

Simple estates can be probated in 4–6 months. More complex estates — especially those requiring an IHT return, involving property sales, or where disputes arise — typically take 9–18 months. Delays are most common when HMRC queries the IHT calculation or when beneficiaries cannot be located.

How much does probate cost in the UK in 2026?▼

The Probate Registry fee is £300 (free for estates under £5,000). Additional copies of the grant cost £1.50 each. If you use a solicitor, expect to pay 1–4% of the estate value, or £1,500–£5,000+ for a solicitor-managed full probate service. DIY probate using the government's process is possible and costs only the court fee.

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

A grant of probate confirms the executor's authority to deal with the estate when there is a valid will. Letters of administration serve the same purpose when there is no will — the person appointed is called an administrator rather than an executor. Both documents allow the holder to access bank accounts, sell property, and distribute the estate.

Can you access a bank account before probate?▼

Usually no — banks freeze solely-owned accounts when notified of death and require sight of the grant of probate before releasing funds. However, most banks have a small estate threshold (typically £15,000–£50,000) below which they will release funds without formal probate. Joint accounts pass to the surviving account holder automatically without probate.

Does having a will avoid probate?▼

Not necessarily. A will does not bypass probate — it simply determines who the executor is and how the estate should be distributed. Probate is triggered by the type and size of assets, not the existence of a will. However, a well-organised will with clear executor instructions does make the probate process faster and simpler.

Make your executor's job as simple as possible

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Write your will today

Probate UK: a full step-by-step guide for executors

Every stage from death certificate to final distribution

How long does probate take UK 2026?

Average timescales and what causes delays

What to do when someone dies UK: executor checklist

Phase-by-phase guide from 24 hours to final distribution

What happens if you die without a will UK?

Letters of administration and intestacy explained

This article is for general information only and does not constitute legal advice. Laws described apply to England and Wales. Consult a solicitor for advice specific to your circumstances. Fees and timescales correct as of May 2026.