A Guide to Probate

Written by Eliza, Bereavement Adviser at Octopus Legacy
Last updated: 27 March 2026

What is probate?

Probate is the legal process of dealing with someone's property, money, and possessions after they die. It gives the person responsible for the estate (the executor, if there's a will, or an administrator, if there isn't) the legal authority to collect assets, pay debts, and distribute what's left.

The word "probate" also refers to the legal document issued by the court, a Grant of Representation, that confirms this authority. Without it, banks, building societies, and the Land Registry won't release assets or let you sell property.

In most cases, you'll need to apply for one of two types of grant: a Grant of Probate (if the person who died left a valid will) or a Grant of Letters of Administration (if there's no valid will). The process is broadly the same for both.

Do I need probate?

Not every estate needs probate. In England and Wales, it's required in roughly 50% of cases. Whether you need it depends on the size of the estate, what the person who died owned, and how those assets were held.

When probate is usually needed

You'll typically need probate if the person who died had property (a house or flat) in their sole name or held as tenants in common, savings or investments above a bank's individual threshold (see the table below), NS&I Premium Bonds worth more than £5,000, cryptocurrency held through an intermediary, shares or stocks held in their own name, or if there are ongoing legal proceedings involving the estate.

When probate is usually not needed

You probably won't need probate if the estate is worth less than £5,000, all property and bank accounts were held jointly (as joint tenants) with someone who is still alive, all financial institutions have confirmed they'll release funds without a grant, or all assets have named beneficiaries (like life insurance in trust or pensions with a nominated beneficiary).

If you're unsure, it's worth checking with each financial institution directly. They'll tell you whether they need to see a grant before releasing funds.

What probate thresholds do banks have?

Each bank and building society sets its own threshold for releasing funds without probate. If the person who died had more than this amount in their account, the bank will require a Grant of Probate or Letters of Administration before releasing the money.

As of 2026, the major high street banks have largely aligned at a £50,000 threshold:

These thresholds apply to the balance at the date of death (interest accrued afterwards doesn't count). They apply per institution, not to the total estate. So if someone had £40,000 with Barclays and £30,000 with NatWest, each account falls below the £50,000 threshold and probate may not be needed for either.

Where the person who died held accounts across banks within the same group (for example, Lloyds and Halifax), the balances are usually combined.

Thresholds change periodically. Always contact each institution directly to confirm their current requirements.

How much does probate cost?

The cost depends on whether you handle things yourself or use professional help.

Application fee

The government charges a £300 application fee for estates valued at more than £5,000. If the estate is worth £5,000 or less, there's no fee. Extra copies of the grant cost £1.50 each, and it's worth ordering several since banks, the Land Registry, and investment providers may all need to see an original at the same time.

You may be eligible for help with the £300 fee if you're on a low income or receiving certain benefits. You can apply online or by submitting form EX160.

Professional fees

If you use a solicitor or probate specialist, expect to pay on top of the application fee. Here's how the main options compare:

Steps to take before applying for probate

Before you submit your probate application, you need to build a complete picture of the estate. This means identifying everything the person who died owned and owed. You can learn more about this in our guide to key steps before applying for probate.

1. Gather documents and information

You'll need the death certificate, the original will (if there is one), details of all bank accounts, savings, investments, and pensions, property valuations, details of any debts (mortgage, credit cards, loans), and information about any gifts made in the seven years before death.

2. Value the estate

Work out the total value of everything the person who died owned at the date of death, minus any debts. This includes property, savings, investments, personal possessions of value, and any share of jointly owned assets.

3. Deal with inheritance tax

If the estate is above the inheritance tax threshold (£325,000, or up to £500,000 with the residence nil-rate band, or up to £1,000,000 for a surviving spouse who can claim transferred allowances), you may need to pay inheritance tax before you can apply for probate.

Even if no IHT is due, you may still need to report the estate to HMRC unless it qualifies as an "excepted estate." You can check whether IHT applies using the GOV.UK tool.

If a full inheritance tax account (IHT400) is needed, you must submit it to HMRC and pay at least the first instalment of any tax due before applying for probate. HMRC will send you a code that you'll need for the probate application. Learn more in our inheritance tax guide.

How to apply for probate

You can apply for probate online at GOV.UK or by post. The online route is faster and is the recommended option for straightforward estates.

You'll need the death certificate, the original will (sent by post even if you apply online), the IHT reference number or confirmation that the estate is excepted, and the £300 application fee.

Once submitted, you'll be asked to sign a statement of truth confirming the information is correct. If applying with co-executors, each executor needs to sign.

How long does probate take?

The timeline depends on the complexity of the estate and which route you take.

Getting the Grant of Probate currently takes around 4 to 8 weeks for straightforward online applications. Paper applications and more complex cases can take 8 to 16 weeks. As of early 2026, the average processing time for online applications is around 6 weeks.

The full administration process from death to final distribution typically takes 6 to 12 months for straightforward estates, and up to 18 months or more for complex ones. This includes gathering information, paying inheritance tax, waiting for the grant, collecting assets, paying debts, preparing estate accounts, and distributing to beneficiaries.

What can slow things down?

The most common causes of delay are errors in the application (the single biggest cause of rejection), missing or incomplete inheritance tax forms, property that needs to be sold before the estate can be distributed, disputes between beneficiaries or challenges to the will, outstanding debts that take time to resolve, and estates with overseas assets or business interests.

What is a Grant of Representation?

A Grant of Representation is the official court document that gives someone the legal authority to deal with the estate. There are two main types.

Grant of Probate is issued when the person who died left a valid will. It confirms the executor named in the will has the authority to act.

Grant of Letters of Administration is issued when there's no valid will (or no executor willing or able to act). The court appoints an administrator, usually the next of kin, following a set order of priority.

In both cases, the grant serves the same practical purpose: it's the document you show to banks, the Land Registry, and other organisations to prove you have the authority to deal with the estate.

Ordering copies

It's worth ordering multiple copies of the grant (£1.50 each). You'll typically need one per financial institution, plus one for the Land Registry if there's property. Having several copies means you can contact multiple organisations at the same time rather than waiting for each one to return the original.

Your options for dealing with probate

There are three main approaches to the probate process.

Do it yourself (DIY)

You can handle probate entirely on your own. The GOV.UK online service makes the application process relatively straightforward for simple estates. You'll need to manage the inheritance tax reporting, the application, asset collection, debt payments, estate accounts, and distribution yourself.

This works well if the estate is small, there's no property, no inheritance tax is due, and there are few beneficiaries. But it can be time-consuming and stressful, especially when you're grieving.

Use a professional service

A solicitor or specialist probate provider handles everything for you. This is the best option if the estate involves property, inheritance tax, business assets, overseas assets, or if the will is being contested.

Octopus Legacy's probate service offers two levels of support:

Grant of Probate service includes helping you work out what inheritance tax you need to pay (if any), helping you complete the inheritance tax forms, preparing and submitting the probate application, and delivering the grant to you once it's been issued.

Full Estate Administration service includes everything in the Grant of Probate service, plus all the administration of dealing with banks, energy companies, HMRC, and other organisations, gathering in all assets, paying creditors from the estate, helping to organise a property sale if needed, drafting the estate accounts, and distributing the estate to beneficiaries.

A mix of both

Some people handle the simpler parts themselves (like notifying utility companies) and use a professional for the more complex elements (like inheritance tax or property sales). This can be a cost-effective middle ground.

Probate in Scotland and Northern Ireland

Scotland uses "confirmation" rather than probate. The application is made through the Sheriff Court, not the Probate Registry. The executor submits an inventory of the estate and, once confirmed, has the legal authority to deal with it. The terminology and some of the rules differ, but the process serves the same purpose.

Northern Ireland has its own Probate Office based in Belfast. The process is similar to England and Wales. Applications are made through the Northern Ireland Courts and Tribunals Service. Inheritance tax rules are the same across the UK.

Frequently Asked Questions

What is probate and who needs it?

Probate is the legal process of dealing with someone's estate after they die. It gives the executor or administrator the authority to collect assets, pay debts, and distribute the estate. You typically need probate if the person who died owned property in their sole name, had savings above the bank's probate threshold (usually £50,000 for major banks), or held shares in their own name. You usually don't need it for jointly held assets, very small estates (under £5,000), or assets with named beneficiaries.

How much does probate cost in the UK in 2026?

The government probate application fee is £300 for estates over £5,000. There's no fee for estates worth £5,000 or less. Extra copies of the grant cost £1.50 each. If you use a solicitor, professional fees typically range from £2,000 to £10,000 plus VAT. Specialist probate services like Octopus Legacy offer transparent pricing that's often more affordable than a traditional solicitor.

How long does probate take in 2026?

Getting the Grant of Probate currently takes around 4 to 8 weeks for online applications and 8 to 16 weeks for paper applications. The full estate administration process, from death to final distribution, typically takes 6 to 12 months for straightforward estates and up to 18 months for complex ones. Errors in the application are the most common cause of delays.

What is the bank threshold for probate?

Each bank sets its own threshold for releasing funds without probate. As of 2026, most major UK banks including Barclays, HSBC, Lloyds, NatWest, Santander, and Nationwide have aligned at a £50,000 threshold. If the person who died had less than this amount with a particular bank, the bank may release the funds without requiring a Grant of Probate. These thresholds apply per institution, not to the total estate value.

Can I do probate myself without a solicitor?

Yes. You can apply for probate yourself using the GOV.UK online service and pay only the £300 application fee. For simple estates with no property, no inheritance tax, and few beneficiaries, DIY probate is manageable. However, if the estate involves property, inheritance tax, business assets, or disputes, professional support can save time, reduce stress, and help avoid costly mistakes.

What is the difference between probate and letters of administration?

A Grant of Probate is issued when the person who died left a valid will. It confirms the executor named in the will has authority to deal with the estate. A Grant of Letters of Administration is issued when there's no will. The court appoints an administrator, usually the next of kin. Both grants serve the same purpose: giving someone the legal authority to collect assets, pay debts, and distribute the estate.

Do I need to pay inheritance tax before applying for probate?

If inheritance tax is due, you must submit the IHT400 form to HMRC and pay at least the first instalment of tax before you can apply for probate. HMRC will issue a code that you need for the probate application. Even if no IHT is payable, you may still need to report the estate to HMRC unless it qualifies as an "excepted estate." You can check using the GOV.UK online tool.

What does Octopus Legacy's probate service include?

Octopus Legacy offers two levels of service. The Grant of Probate service includes help with inheritance tax calculations, completing IHT forms, preparing and submitting the probate application, and delivering the grant. The Full Estate Administration service includes everything above plus dealing with all banks and organisations, collecting assets, paying creditors, organising property sales, drafting estate accounts, and distributing the estate to beneficiaries.

Need help with probate? Speak to one of Octopus Legacy's probate experts for free to understand your options.