Free Guide
How to Get Probate in the UK
A plain-English guide to applying for probate — what it is, when you need it, how to apply, and what it costs.
What is probate?
Probate is the legal process of proving that a will is valid and getting authority to deal with a deceased person's estate. The document you receive is called a Grant of Probate (if there is a will) or Letters of Administration (if there is no will).
You need this document to access bank accounts, sell property, and distribute assets. Without it, most organisations will refuse to release funds. You can apply for probate on GOV.UK or through a solicitor found via the Law Society.
Do you need probate?
Not always. You may not need probate if:
- The estate is worth less than £5,000
- All assets were held jointly (e.g., joint bank account, joint property) — they pass automatically to the surviving owner
- The only assets are cash, personal belongings, or a car
- All accounts are under the bank's small estate threshold (typically £5,000-£50,000 — varies by bank)
You will likely need probate if:
- The estate includes property (house or flat) that needs to be sold or transferred
- Bank accounts or investments total more than £50,000
- There are shares, ISAs, or pension funds to claim
- Any organisation asks for it (they have the right to request it for any amount)
How to apply for probate: step by step
Find out if probate is needed
Not every estate requires probate. Small estates and jointly-held assets may not need it. Your bank or building society can usually tell you whether they require a Grant of Probate to release funds.
Value the estate
You will need to know the total value of the estate, including property, savings, investments, and pensions, minus any debts. This figure determines the forms and fees involved. GOV.UK has guidance on valuing an estate.
Inheritance Tax
An Inheritance Tax form is part of the probate process. Which form depends on the estate value. HMRC provides guidance on Inheritance Tax. A solicitor or accountant can help you complete the forms correctly. Find a solicitor via the Law Society.
Apply for probate
The application is made through GOV.UK or by post. The court fee is currently £300 for estates over £5,000. Many people use a solicitor to handle the application. You can also apply yourself via GOV.UK.
Statement of truth
As part of the application, you confirm the information is correct. This can be done online or before a solicitor or commissioner for oaths.
Receive the Grant
The Probate Registry typically takes around 16 weeks to process applications. Once granted, the Grant of Probate gives you legal authority to deal with the estate.
Administer the estate
With the Grant, you can close accounts, sell property, pay debts, and distribute assets. For anything complex, a solicitor specialising in probate can help.
How much does probate cost?
| Cost | Amount | Notes |
|---|---|---|
| Court application fee | £300 | Free if estate under £5,000 |
| Extra copies of the Grant | £1.50 each | Order 3-5 copies (banks need originals) |
| Swearing the oath | £5-10 | If done at a solicitor's office |
| Solicitor fees (optional) | £2,000-5,000+ | Only if you choose to use a solicitor |
| DIY total | ~£310 | Application + copies + oath |
How long does probate take?
| Stage | Typical time |
|---|---|
| Gathering documents and valuing the estate | 2-8 weeks |
| Completing IHT forms and submitting to HMRC | 1-2 weeks |
| Probate application processing | ~16 weeks |
| Administering the estate after Grant received | 3-6 months |
| Total (typical) | 6-12 months |
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Common questions about probate
Do I need a solicitor for probate?
It depends on the complexity of the estate. For straightforward estates, it is possible to apply yourself via GOV.UK. However, probate involves legal documents and tax forms where mistakes can be costly. Many people choose to use a solicitor, especially for estates with property, business assets, or potential disputes. The Law Society's Find a Solicitor tool can help you find a probate specialist.
How much does probate cost?
The court application fee is £300 for estates valued over £5,000 (free if under £5,000). You may also need extra copies of the grant at £1.50 each — we recommend ordering 3-5 copies. If you use a solicitor, expect fees of £2,000-£5,000+ on top.
How long does probate take?
The application itself takes about 16 weeks to process once submitted. However, the whole process — from gathering documents to distributing the estate — typically takes 6 to 12 months. Complex estates can take longer.
What happens if someone dies without a will?
If there is no will, you apply for "Letters of Administration" instead of a Grant of Probate. The rules of intestacy determine who can apply and who inherits. Usually the closest living relative (spouse, then children) is entitled to administer the estate.
Is probate the same in Scotland?
No. Scotland uses a different system called "Confirmation". You apply to the Sheriff Court, not the Probate Registry. The process is similar in principle but the forms, fees, and terminology differ. If there is no will, the appointed person is called an "Executor Dative".
Related guides
Disclaimer: This guide is provided for general information purposes only on a best-endeavours basis. It does not constitute legal, tax, or financial advice. Probate law is complex and varies by jurisdiction. You should always consult a qualified solicitor for advice specific to your situation. You can find a probate solicitor through the Law Society's Find a Solicitor tool. Passage does not accept liability for any loss or damage arising from reliance on the information in this guide.