What probate actually is
Probate is the legal process of proving a will and getting the authority to sort out a deceased person's affairs — paying their debts, closing their accounts, selling or transferring property, and sharing out what's left. The official document that gives you that authority is called a grant of representation.
Banks, building societies, the Land Registry and pension providers often won't release money or transfer assets in a sole name until they've seen this grant. It's their proof that you're the right person to deal with the estate.
Two names, one document
A grant of probate and letters of administration do the same job — they're both grants of representation. Which one you get just depends on whether there's a valid will naming someone who can act.
Grant of probate vs letters of administration
The application and the fee are the same. The difference is whether there's a will, which form you use, and who is allowed to apply.
| Situation | What you get | Who applies & how |
|---|
| There's a valid will |
Grant of probate |
The executor named in the will applies, on form PA1P (or online). The estate is shared out as the will says. |
| No will (or the will names no-one able/willing to act) |
Letters of administration |
A close relative (the administrator) applies, on form PA1A (or online). The estate is shared out under the intestacy rules. |
If there's no will, the law (the intestacy rules) decides who inherits and in what order — usually spouse or civil partner first, then children, then other relatives. Unmarried partners and stepchildren are not automatically included, which is one reason making a will matters.
You may not need probate at all
Plenty of estates are dealt with without a grant. Before you apply, check whether you actually need one — it can save weeks and £300.
Often no grant is needed when…
• Everything was jointly owned. A home or bank account held as joint tenants usually passes automatically to the surviving owner by "survivorship" — it doesn't form part of the estate that needs a grant, whatever the total value.
• The estate is small. For money held in the deceased's sole name, each bank or building society sets its own threshold for releasing funds without a grant.
• There's little more than personal belongings and a modest amount of cash.
There's no single national figure for the bank threshold — it's set by each organisation and commonly falls somewhere between roughly £5,000 and £50,000. The only reliable way to know is to ask each bank, provider and the Land Registry what they need before assuming you must apply. If even one major asset needs a grant, you'll have to apply for the whole estate.
Deal with Inheritance Tax first
This is the step people miss — you generally have to sort out Inheritance Tax (IHT) before you can apply for probate.
- Value the estate — add up the property, money and possessions, minus debts. This tells you whether there's any tax to pay.
- Most estates pay no Inheritance Tax. There's a tax-free nil-rate band of £325,000, plus an extra residence nil-rate band of up to £175,000 when a home is left to children or other direct descendants. Anything passing to a spouse or civil partner is normally exempt, and unused allowances can transfer between them.
- If the estate isn't "excepted", you report the full details to HMRC on form IHT400, start paying any tax due, and wait for HMRC to send you a unique code before you can apply for probate.
- The tax deadline matters: Inheritance Tax must be paid by the end of the sixth month after the death. HMRC also asks you to allow around 20 working days after sending the IHT400 before you apply for the grant.
Order of play
Value the estate → report to HMRC (IHT400) and start paying any tax → get your HMRC code → then apply for probate. The probate registry checks the IHT position before issuing the grant. Thresholds and rules change — check GOV.UK valuing the estate for the current figures.
How to apply
You can apply yourself — online or by post — which is far cheaper than paying a probate practitioner. You'll need the death certificate and, if there is one, the original will.
The steps, in plain English
- Register the death and get the death certificate; find the original will if there is one.
- Value the estate and deal with Inheritance Tax (IHT400 to HMRC if needed) — wait for your HMRC code.
- Fill in the application. Apply on the free GOV.UK probate service, or by post on PA1P (there's a will) or PA1A (no will). Send the original will and death certificate.
- Pay the fee. £300 if the estate is over £5,000 (free if £5,000 or less); order extra copies at £16 each so several banks can be dealt with at once.
- Wait for the grant. You'll usually get it within about 12 weeks of applying — longer if more information is needed.
Once the grant arrives, you can collect in the assets, pay any debts and taxes, and share out the estate. If you have a low income or are on certain benefits you may be able to get help with the fee using form EX160.
What it costs
The probate application fee in England & Wales:
| What | Cost |
|---|
| Estate over £5,000 | £300 application fee |
| Estate £5,000 or less | No fee |
| Extra copies of the grant | £16 each |
| Second application (e.g. power reserved) | £21 |
| Low income or on certain benefits | Help with fees available (form EX160) |
You don't have to pay a company
Plenty of firms advertise "probate services" for hundreds or thousands of pounds. For a straightforward estate you can do it all yourself directly with HMCTS — the only fee you must pay is the £300 court fee (and £16 per copy). Consider paid help only if the estate is complex, disputed, or there's significant Inheritance Tax. For free guidance, see the helplines below.
Do this now
If you've been left to deal with someone's estate, here's the calm, safe order — and the free help if you get stuck:
Apply for probate
- Check if you even need it. Ask each bank and the Land Registry whether they'll release the asset without a grant — jointly owned assets usually pass straight to the survivor.
- Start on GOV.UK. Use the official free service at gov.uk/applying-for-probate once you've dealt with any Inheritance Tax.
- Stuck with the online application? The HMCTS Probate helpline is on 0300 303 0648 (Mon–Fri 9am–1pm) or email contactprobate@justice.gov.uk.
- Need to claim bereavement benefits too? The free DWP Bereavement Service is on 0800 151 2012 — it can also start a claim over the phone.
Grief and paperwork at the same time is hard — there's no rush to do everything in one day.
For free, kind help: Citizens Advice guides you through dealing with an estate, and Cruse Bereavement Support on 0808 808 1677 is there if the grief itself feels too much.
Scotland & Northern Ireland: different systems
The probate process above is for England & Wales. The other UK nations work differently — don't use the England & Wales forms there.
Scotland = confirmation (sheriff court)
Scotland doesn't use "probate". The equivalent is confirmation, granted by the commissary department of the local sheriff court (or Edinburgh sheriff court). The executor lodges an inventory of the estate on form C1 — with the will, where there is one — together with the Inheritance Tax paperwork.
Scotland has its own legal system, terms and forms, and a simpler "small estates" route for lower-value estates. See mygov.scot/confirmation and the Scottish Courts guidance.
Northern Ireland = probate via ProbateNI
Northern Ireland uses probate and letters of administration like England & Wales, but you apply through the Northern Ireland Courts and Tribunals Service (ProbateNI), not the GOV.UK probate service. The forms and fees are set separately.
See nidirect.gov.uk — applying for probate for the Northern Ireland process.