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What Is Probate? A Complete UK Guide to Applying for Probate

When someone dies, their money, property, and possessions need to be collected, any debts and taxes paid, and whatever's left passed on to the right people. Probate is the legal process that makes this possible. If you've been left to deal with someone's affairs, this guide explains what probate is, whether you actually need it, and how to go about it — without the jargon.
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Take it one step at a time. You don't need to understand everything today.

What is probate, in plain English?

Probate is the legal right to deal with the property, money, and possessions of someone who has died. The document that grants this right is called a Grant of Probate when there's a will, or Letters of Administration when there isn't.
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Once you have this document, banks, building societies, and other organisations will release the deceased's assets to you so you can settle their affairs. Without it,
most organisations will refuse to act, because they need legal proof of who has authority to handle the estate.
The person who applies is the executor (if named in the will) or an administrator (if there's no will). You can read more about what an executor has to do in our separate guide.

Do I need probate?

Not every estate needs probate. Whether it's required depends mainly on what the person owned and how it was held, rather than simply how much it was worth.

You will usually need probate if the person owned property or land in their sole name, or if they had significant savings, shares, or investments. Most banks set their own threshold — often somewhere between £5,000 and £50,000 — above which they will insist on seeing a grant before releasing funds.

You may not need probate if the estate is small, or if everything was owned jointly with someone else. When assets are held as "joint tenants" — which is common between married couples — they usually pass automatically to the surviving owner without probate. A jointly held bank account works the same way.

If you're unsure, the simplest approach is to contact each bank or organisation and ask whether they require a grant for the amount held. Their answer tells you whether you need to apply.

How do I apply for probate?

You can apply for probate yourself, or ask a solicitor to do it for you. The process has several stages.

Value the estate

Value the estate

Before applying, you need a clear picture of what the person owned and owed. This means valuing their property, savings, investments, possessions, and any debts at the date of death. You'll need these figures for both the probate application and any inheritance tax assessment.

Deal with inheritance tax

Deal with inheritance tax

You must work out whether any inheritance tax is due and report the estate to HMRC before you can receive your grant. Even when no tax is owed, most estates still need to be reported. Inheritance tax is generally payable on estates above £325,000, although there are additional allowances — for example, when a home is passed to children or grandchildren.

Submit the application

Submit the application

You apply to HM Courts & Tribunals Service, either online or by post (form PA1P if there's a will, PA1A if there isn't). You'll send the original will, the death certificate, and the fee.

Receive the grant

Receive the grant

Once approved, you'll receive the Grant of Probate. You can order extra official copies cheaply at the same time, which lets you deal with several organisations at once.

How much does probate cost in 2026?

The probate application fee in England and Wales is £526 for estates valued over £5,000. This applies whether you apply yourself or through a solicitor. There is no fee for estates worth £5,000 or less.

This fee rose from £300 on 13 July 2026 — a significant increase, so it's worth being aware of if you're budgeting for the process. You can read more in our guide to the 2026 probate fee increase.

If you order extra copies of the grant at the same time as applying, they cost just £2 each. Ordered separately later, copies cost £16 each — so order what you need upfront.

If you use a solicitor, their fees are separate and additional. Solicitor costs vary widely depending on the complexity of the estate, which is why it's worth understanding your options before committing.

How long does probate take in the UK?

For a straightforward estate, getting the Grant of Probate typically takes around eight to sixteen weeks from the date you submit a complete application, though times vary with the workload of the Probate Registry.

Completing the whole process — collecting assets, paying debts and taxes, and distributing the estate — usually takes six to twelve months in total. More complex estates, particularly those involving property sales, inheritance tax, or disputes, can take twelve to eighteen months or longer.

Several things commonly cause delays: errors on the application, missing information, inheritance tax queries, and the time it takes to sell a property. Getting the application right first time is the single best way to avoid hold-ups.

Can I sell a house before probate is granted?

You can put a property on the market and accept an offer before probate is granted, but you cannot complete the sale until you have the grant. This is because you don't have the legal authority to transfer ownership until probate is issued.
 
In practice, many families begin marketing the property during the probate process so that the sale and the grant come through at roughly the same time. If you're considering this, our guide on dealing with property after a death explains the steps involved.​​

Do I need a solicitor for probate?

No — you're entitled to handle probate yourself, and many people do, particularly for straightforward estates. Doing it yourself saves on solicitor fees.

However, professional help is worth considering if the estate is large or complex, if inheritance tax is involved, if there's a property to sell, if the will is unclear or being challenged, if there are missing or overseas beneficiaries, or if you simply don't have the time or confidence to take it on while grieving.

A solicitor can handle the whole process, or just the parts you'd rather not deal with — such as the application itself or the inheritance tax return. If you'd like, we can connect you with a trusted probate solicitor who can talk through your situation with no obligation.

What to do next

Once you understand whether you need probate, the next steps usually involve valuing the estate and carrying out the executor's duties, and notifying the organisations that need to know. If there's no will, see our guide on what happens during intestacy.

Probate is one piece of a much bigger picture. For the whole journey, see our complete guide to what to do when someone dies.

You don't have to face probate alone

Probate can feel daunting, especially while you're grieving and trying to manage everything else. The good news is that it's a well-trodden path, and help is available at every step.

Answer a few simple questions and First48hrs will give you a personalised plan for your situation — and, when you're ready, connect you with the right support. It's free.

This guide was last updated in July 2026. Processes and figures are set by government and can change — for the latest official guidance, see GOV.UK. First48hrs provides information and signposting, not legal or financial advice.

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