Probate in the UK: How It Works, Fees and Timescales

Probate is the legal right to deal with a dead person's money, property and possessions, which together are called their estate. In England and Wales you apply for it to the Probate Service. The application fee is £526 if the estate is worth more than £5,000, and GOV.UK says you will usually get probate within 12 weeks of applying. You don't need it for every estate, and the work that comes before the application often takes longer than the wait itself.

This guide covers England and Wales. Scotland and Northern Ireland have their own procedures, and the notes at the end point you to them.

What is probate, and what is a grant?

Probate is the legal right to deal with the estate. The court document that gives you that right is called a grant of representation. There are two common kinds:

• Grant of probate. It goes to the executors named in a valid will.
• Grant of letters of administration. It goes to the closest living relative when there is no will, or when no executor is willing or able to act. The person is called an administrator.

Banks, building societies and solicitors acting for a buyer treat the grant as proof that you are allowed to close accounts, sell property and share out what is left. Our guide to grant of probate vs letters of administration explains the difference in more detail, and what an executor does covers the role.

Do you need probate?

Not always. GOV.UK says you may not need probate if the person only had savings, owned shares or money jointly with someone else, or owned property as joint tenants. These pass automatically to the surviving owner.

Whether you need a grant for everything else is decided by each organisation holding the money, not by one national rule. Citizens Advice notes that banks and building societies have discretion over smaller balances, that limits vary between them, and that they are not obliged to release anything without formal authority. In practice:

• A house or flat in the person's sole name almost always needs a grant before it can be sold or transferred.
• Property owned as tenants in common is different from joint tenants. The person's share belongs to the estate and follows the will or the intestacy rules.
• Bank accounts, investments and pensions depend on the provider's own rules, so ask each one what it needs.

Start by writing to each bank, building society, pension provider and investment firm. Ask what balance they hold and whether they will release it without a grant.

Who can apply?

If there is a will, the executors named in it can apply. If there is no will, the closest living relative can apply. Citizens Advice gives the usual order for administrators as spouse or civil partner, then children, grandchildren, parents, siblings, nieces and nephews, and other relatives.

You can apply yourself online or by post. GOV.UK says this can be cheaper than paying a probate practitioner. If the will's validity is in doubt, there are family disputes, or the estate has a business or assets abroad, talk to a solicitor before you apply.

How does probate work, step by step?

The order below is the usual one. Your own estate may need some steps and skip others.

1. Register the death and tell the government. Registering the death gives you the certificates you need. Through Tell Us Once, one contact can notify HMRC, the DVLA, the Passport Office, the council and others. You must use it within 28 days of getting your reference number. Our guide to registering a death in the UK covers the first few days.
2. Find the will and list everything. Gather the original will, and list the person's assets (property, savings, investments, pensions, valuables) and debts (mortgage, loans, credit cards, bills). If you can't find a will, see our guide on how to find out whether a will exists.
3. Value the estate and deal with Inheritance Tax. GOV.UK says you must do this before applying for probate, if you need it. If Inheritance Tax is owed, you report the value to HMRC within one year using form IHT400. The tax itself is due by the end of the sixth month after the death, or interest is charged, and you normally have to start paying it before probate is granted. HMRC gives you a unique code to use on the probate application.
4. Apply for probate. Online, or on paper with form PA1P if there is a will or PA1A if there isn't. Pay the fee and order the copies of the grant you need.
5. Wait for the grant. GOV.UK says probate usually takes up to 12 weeks, and longer if you need to supply more information.
6. Collect the assets and pay the debts. Open an estate bank account, close or transfer accounts, and settle what the estate owes. Citizens Advice says creditors are notified through notices in The Gazette and a local newspaper, and that debts are paid from the estate.
7. Distribute what is left. Once the debts, tax and costs are paid, you share the rest as the will or the intestacy rules direct.

For many estates, steps 2 and 3 take the longest, because finding and valuing everything depends on other organisations replying.

How much does probate cost?

The table shows the court charges. Legal and professional fees are extra if you use them.

Source: GOV.UK probate fees page, checked September 2026. Fees change, so confirm them on the GOV.UK page before you pay. Order enough copies for each organisation that will want to see the grant, since copies are cheaper up front. If you are on a low income or certain benefits, you may be able to get help with the fees.

How does Inheritance Tax affect probate?

Inheritance Tax is charged on the part of an estate above the threshold at a standard rate of 40%, according to GOV.UK. There is normally no tax to pay if the estate is below £325,000, or if everything above that goes to a spouse, civil partner, registered charity or certain other exempt beneficiaries. The threshold can rise to £500,000 if the home passes to children or grandchildren. A married couple or civil partners can pass unused threshold to the survivor.

HMRC's published thresholds show the £325,000 nil-rate band frozen until 5 April 2031. The extra home allowance (the residence nil-rate band) is £175,000, and it tapers away by £1 for every £2 that the estate is worth over £2 million.

If an estate owes tax but the money is locked in accounts you can't yet reach, GOV.UK says you can pay from the person's bank, savings or investment accounts, and you can ask to postpone payment if you can't get at estate funds. Ask the bank how its payment process works.

What about crypto and other digital assets?

The Property (Digital Assets etc) Act 2025, which became law in England, Wales and Northern Ireland in December 2025, confirms that digital assets such as cryptocurrency can be recognised as personal property. That supports the idea that they can be inherited like other assets.

It does not help you find or unlock anything. Without the keys, passwords or recovery phrases, an exchange or wallet may be impossible to open. Look for hardware wallets, written recovery phrases and account emails early, and see our guide on cryptocurrency after death.

What mistakes should executors avoid?

• Sharing out the estate too soon. Citizens Advice says you can't legally start sharing the estate until you have the grant, with limited exceptions. Even after the grant, a person who believes the will or the intestacy rules didn't provide for them can ask the court for provision under the Inheritance (Provision for Family and Dependants) Act 1975. The time limit is six months from when representation is first taken out, although the court can allow later claims. Many executors wait at least that long before making final payments.
• Missing a debt. Citizens Advice warns that executors can be personally responsible for errors. If the estate may not have enough to cover its debts, speak to a solicitor before paying anyone.
• Leaving a property empty without checking the insurance. Home insurance policies often limit cover for empty homes. Tell the insurer the person has died and check what the policy requires.
• Not keeping records. Keep a simple ledger of every payment in and out, with receipts. Beneficiaries may ask to see it.

What if the person lived in Scotland or Northern Ireland?

GOV.UK's probate service covers England and Wales only. In Northern Ireland, probate goes through the NI Courts and Tribunals Service, and nidirect says a grant is almost always needed when someone leaves property or land in their own name, stocks or shares, certain insurance policies or around £20,000 in any one account. Scotland has a separate system run through its own courts. If the person had assets in more than one part of the UK, or abroad, get legal advice.

How do you pay for the funeral while waiting?

Probate is not needed to hold a funeral. The person who arranges it is normally responsible for the bill. Our guide on having the funeral before probate explains your options, and Funeral Expenses Payment may help if you are on certain benefits. You may also be able to claim Bereavement Support Payment if you were the person's partner.

What to do next

1. Get several copies of the death certificate and use Tell Us Once.
2. Find the original will and write down every asset and debt, with account numbers and approximate values.
3. Ask each bank, pension provider and other holder whether it needs a grant, and what forms it wants.
4. Work out whether Inheritance Tax is due, and book a solicitor if the estate is large, complex or disputed.