Probate in England and Wales: What It Is and When You Need It

What is probate?

Probate is the court’s confirmation that the person dealing with an estate has the legal authority to collect and distribute it. That authority comes as a grant, which banks ask to see before releasing anything.

The grant is proof, not the whole job, and it is one of several documents an estate needs. The person named on it, the personal representative, then has to identify everything the deceased owned, value it, settle any debts and tax, and distribute what is left to the right people. The process is the same in outline whether or not there was a will, but the paperwork and the person entitled to apply both differ.

Do you always need probate?

No. Probate is often not required for small estates, or where assets were held jointly and pass automatically to the surviving owner. Whether you need it depends on the assets, not just the estate’s value.

Property owned as joint tenants passes to the surviving co-owner outside the estate, and joint bank accounts usually do the same. Many banks will release modest balances without a grant, though each sets its own threshold, so the practical answer is to ask the institutions holding the assets what they require. Where the deceased owned property in their sole name, or held a solely owned account above a bank’s limit, a grant is almost always needed. If you are unsure, check the position for each asset before assuming.

What is the difference between a grant of probate and letters of administration?

A grant of probate is issued to an executor named in a will. Letters of administration are issued to an administrator when there is no valid will. The authority is similar, the route to it is not.

An executor derives their appointment from the will itself and applies to have it confirmed. An administrator has no such appointment, so the law sets a strict order of who may apply, following the same priority as inheritance under the intestacy rules. The practical difference matters: an executor can begin some tasks straight away, while an administrator’s authority only starts when the grant is issued. Both are collectively known as personal representatives.

How does the probate process work?

Register the death, value the estate, deal with inheritance tax, apply for the grant, then collect assets, settle debts and distribute. It runs in a fairly fixed order.

1. Register the death and get certified copies of the death certificate, since institutions will each want to see one.
2. Find the will, the deceased’s last will and testament, and identify the executors. If it is held by a solicitor, requesting the original is a straightforward step.
3. Value the estate. List property, accounts, investments, possessions and debts as at the date of death.
4. Deal with inheritance tax. Any tax due generally has to be addressed before the grant is issued, not after.
5. Apply to the probate registry for the grant of probate or letters of administration.
6. Collect the assets, pay the debts, then handle the distribution of what remains and keep estate accounts.

What does probate cost?

The court application fee is £526 for estates over £5,000, and there is no fee at all for estates at or below that figure. Professional help, if you use it, is a separate cost on top.

That fee rose from £300 on 13 July 2026, so check the current probate fees on gov.uk before applying rather than relying on an older figure. Extra certified copies of the grant cost a small amount each and are worth ordering, since several institutions may need one simultaneously. If you instruct a solicitor to handle the administration, that is charged separately, often as a percentage of the estate or an hourly rate. Get the basis of charging in writing before you commit.

How long does probate take?

Timescales vary considerably by estate and by the registry’s current workload, so check the published guidance rather than a rule of thumb. Straightforward estates are quicker than contested ones.

The application itself is only one part. Valuing an estate, dealing with tax, selling a property, or tracing beneficiaries can each add months, and a dispute over the will can add far longer. Delays are also common where paperwork is incomplete, so getting the valuation and tax position right before applying usually saves time overall. Gov.uk’s guidance on applying for probate covers current timescales, and changes, so treat any figure you read elsewhere with caution.

What if there is no will?

Without a valid will, the estate passes under the intestacy rules and an administrator applies for letters of administration. Neither the deceased’s wishes nor the family’s preferences override the statutory order.

The rules of succession decide who inherits and in what shares, and they exclude unmarried partners and stepchildren who were never adopted. They also decide who is entitled to apply to administer the estate. This is the situation a will exists to prevent, and it is why making a will matters even for straightforward estates. Dying without a will sets out the full statutory order.

What documents do you need to apply for probate?

You will need the original will, several certified copies of the death certificate, and a full valuation of the estate before you can apply. Gathering these in advance is what actually speeds the process up.

The original will, not a photocopy, must be sent with the application, since the probate registry keeps it as a public record. You will usually need multiple certified copies of the death certificate, since banks and other institutions often want to see one each. A full estate valuation is required whether or not inheritance tax is owed. This means every account, property, and significant possession, along with any debts, and if tax is due you will also need to have submitted the relevant HMRC forms before you can apply. Having all of this ready before you start is the single biggest factor in avoiding delay.

What happens to premium bonds when someone dies?

Premium Bonds cannot be inherited, but they stay in the monthly prize draw for 12 months after the death before they have to be cashed in. Whoever deals with the estate decides when to claim during that window.

Premium Bonds are personal to the person who bought them, so they cannot be transferred to a beneficiary or left to someone in a will. The holding is repaid to the estate instead, and the cash is then distributed under the will or the intestacy rules like any other asset.

NS&I keeps the bonds in the draw for 12 months from the date of death, so the estate can still win during that period. Any prizes are paid by warrant, which works like a cheque, made out to the estate. After 12 months the bonds stop being eligible and the holding must be repaid.

Whether you need a grant of probate depends on the size of the holding. NS&I can usually release up to £5,000 without one, and above that figure a grant is required before the money is paid out. This is NS&I’s own limit, separate from the £5,000 estate value that decides the court application fee above. NS&I currently asks for around eight weeks to deal with a bereavement claim once it has everything it needs, so it is worth starting this early rather than leaving it to the end.

Frequently asked questions

Who decides if probate is needed?

In practice, the institutions holding the assets do. Each bank, pension provider or registrar sets its own threshold for releasing funds without a grant. If the deceased owned property in their sole name, a grant is almost always required regardless of the estate’s overall value.

What are the rules for probate in the UK?

Probate in England and Wales follows the Administration of Estates Act and the non-contentious probate rules. An executor named in a will applies for a grant of probate. Where there is no will, entitlement to apply for letters of administration follows the statutory order under the intestacy rules.

Can you do probate yourself without a solicitor?

Yes. Many personal representatives handle straightforward estates themselves through the probate registry, without paying for professional help. Estates involving inheritance tax, business or foreign assets, disputes between beneficiaries, or a contested will are where professional help usually pays for itself.

What happens if someone dies without a will?

The intestacy rules decide who inherits, following a fixed statutory order based on marriage and blood relationships only. An administrator applies for letters of administration rather than a grant of probate. Unmarried partners and unadopted stepchildren inherit nothing at all under these rules.

Is there a time limit for applying for probate?

There is no strict deadline for applying, but delay causes problems. Inheritance tax has its own payment deadlines with interest running on late payment, beneficiaries may become frustrated, and assets can lose value or become harder to trace. Applying promptly is almost always better.