What is Probate?

Written by: [AUTHOR NAME], Wills & Probate Solicitor, Setfords | Published: 5 August 2026 | Last reviewed: 5 August 2026 | Read time: 7 min

Probate is the legal right to deal with someone’s money, property, and possessions after they’ve died, often called their “estate”. This guide covers what is probate in practice, when you need it, who can apply, and what it costs in England and Wales.

Key takeaways

• Probate is the legal right to deal with someone’s estate after they die.
• You don’t always need it. Jointly owned property and shared bank accounts often pass automatically to the survivor.
• Executors named in a will apply for probate. If there’s no will, the closest living relative applies instead.
• You need to value the estate, and sort out any Inheritance Tax position, before you can apply.
• The probate application fee is currently £526 for estates over £5,000, with no fee for smaller estates.

What is probate?

Probate is the legal right to deal with someone’s property, money, and possessions once they’ve died. Until you have it, you shouldn’t put property on the market, close accounts, or make any firm financial decisions about the estate.

Technically, “probate” refers to the process where there’s a valid will naming executors. Where there isn’t a will, the equivalent process results in “letters of administration” instead, though most people use “probate” loosely to cover both. Either way, the document you end up with gives you the legal authority to act.

Do you always need probate?

Not always. Whether you need it depends on what the person owned and how they owned it. You may not need probate if the person who died:

• only had savings in their own name below a threshold each bank sets individually
• owned shares or money jointly with someone else, which usually passes automatically to the surviving owner
• owned property as “joint tenants” with someone else, which also passes automatically

Every bank, building society, and organisation has its own rules about when they’ll release funds without probate, so it’s worth contacting them directly to ask what they’ll need. Property owned as “tenants in common” doesn’t pass automatically, and will usually need probate to deal with it.

Who can apply?

Who can apply depends entirely on whether there’s a valid will.

If there’s a will, the executors named in it apply. There can be more than one, and they can apply together or, in some cases, one can apply while the others hold back for now.

If there’s no will, the rules of intestacy set out who’s entitled to apply, usually starting with a spouse or civil partner, then children, and working outward through the family from there.

Grant of probate vs letters of administration

Both are types of “grant of representation”, the umbrella term for the document that gives someone legal authority over an estate. Which one you get depends on the will.

• Grant of probate: issued where there’s a valid will with named executors who apply.
• Letters of administration: issued where there’s no valid will, so the rules of intestacy decide who applies.
• Letters of administration with will annexed: issued where there’s a valid will, but no executors are named, or none of them are able or willing to act.

Whichever version you end up with, it works the same way in practice: it’s your proof of authority to close accounts, sell property, and distribute the estate.

Inheritance Tax and valuing the estate

Before you can apply for probate, you need to estimate the value of the estate and work out whether Inheritance Tax is due. If it is, you’ll usually need to report the value using form IHT400 and start paying the tax before probate is granted, even though the estate itself hasn’t been distributed yet.

The nil-rate band (currently £325,000) and the residence nil-rate band (currently £175,000, where a home passes to direct descendants) are the main allowances that determine whether tax is owed, and both are currently frozen until April 2031. Even where no tax is due, you’ll still need the estimated value as part of the probate application itself.

How much does probate cost?

The court application fee is currently £526 if the estate is worth more than £5,000, and there’s no fee at all for estates of £5,000 or less. This is a flat fee, so it doesn’t increase with the size of the estate above that threshold.

Extra copies of the grant cost £2 each if ordered with your application, or £16 each if ordered afterwards, and most executors need several to send to different banks and organisations at once. If you’re on a low income or receiving certain benefits, you may be able to get help with the fee.

Beyond the court fee, many people also pay for professional help, whether that’s a solicitor handling the whole estate or simply reviewing the paperwork, and these costs vary considerably depending on how complex the estate is.

How long does probate take?

Timescales vary a lot depending on how complicated the estate is and whether you apply online or by post. Online applications, submitted with everything in order, tend to move considerably faster than paper ones.

More complex estates, particularly those with property, business assets, or any dispute about the will, can take significantly longer, sometimes many months, before the grant is issued. Getting the application right the first time, rather than having it queried or returned, is usually the biggest single factor in how quickly things move.

Can a probate application be challenged?

Yes. Anyone with a genuine concern, for example, a dispute about who should apply, or a belief that the will isn’t valid, can lodge a “caveat” with the Probate Registry before the grant is issued. This pauses the application for six months while the concern is looked into.

Common grounds include a will that wasn’t properly signed or witnessed, doubts about the person’s mental capacity when they made it, or concerns about undue influence. A caveat isn’t the end of the story either way. It simply creates space for the issue to be resolved, or for the matter to go before a court if it can’t be.

Common mistakes to avoid

1. Acting before probate is granted.
Selling property or moving money before you have legal authority to do so can create real problems later.

2. Assuming you always need probate.
Some assets pass automatically, and applying unnecessarily wastes time and the application fee.

3. Underestimating how long valuing the estate takes.
Gathering full information on assets and debts often takes longer than people expect, especially with several financial institutions involved.

4. Missing the Inheritance Tax step.
If tax is due, you generally need to start paying it before probate is granted, not after.

5. Applying with incomplete or inconsistent information.
Errors or gaps are one of the most common reasons applications get delayed or queried.

When to speak to a solicitor

Many straightforward estates can be dealt with by executors themselves, but some situations benefit from advice early on. It’s worth speaking to a solicitor if:

• The estate includes property, a business, or assets held abroad.
• You’re not sure whether Inheritance Tax is due, or how much.
• There’s any disagreement about the will or who should act as executor.
• You’ve been asked to act as executor and aren’t sure where to start.
• You think a caveat might be needed, or one has been lodged against your application.

Understand your options and your timeline. Talk to a Setfords solicitor when you’re ready, whatever stage you’re at.

FAQs

Do I need probate if there’s a will?

Usually yes, unless the estate consists only of jointly owned assets or savings below the threshold each institution sets. The executors named in the will would apply.

What happens if someone dies without a will?

The rules of intestacy decide who’s entitled to deal with the estate and who inherits. The closest living relative usually applies for letters of administration. To learn more about the process of creating a will, and how the rules of intestacy apply when no will is in place, click here to read our wills guide.

How much does it cost to apply for probate?

Currently £526 for estates worth more than £5,000, and no fee for estates of £5,000 or less.

Can I apply for probate myself?

Yes, many people do, particularly for simpler estates without property, business assets, or disputes. More complex estates often benefit from professional help.

What’s the difference between probate and letters of administration?

Probate applies where there’s a valid will with named executors. Letters of administration apply where there’s no will, or no executors able to act, and someone else applies instead.

About the author

[AUTHOR NAME], Wills & Probate Solicitor, Setfords

[AUTHOR BIO: one or two sentences on their experience and approach to wills and probate matters.]

Last reviewed: 5 August 2026.

This article is general information about probate in England and Wales and is not legal advice. Fees, thresholds, and processes can change, so please speak to a qualified wills and probate solicitor about your specific circumstances.