What is Probate?

Written by: Michelle Leggett, Senior Private Client Consultant Solicitor TEP, Setfords | Published: 21st October 2026 | Last reviewed: 21st October 2026 | Read time: 7 min

Probate is the term often used for dealing with someone’s estate after they’ve died, though technically it means proving their will. This guide covers what probate is in practice, when you need a grant, who can apply, and what it costs in England and Wales.

What is probate?

Probate is the term frequently used to describe the administration of an estate after death. However, technically it means the process of proving a will at the Probate Registry.

Once the will has been proved, this leads to the issue of a ‘grant of probate’.

If there’s a valid will, but no executors are named or none of them are able or willing to act, then a ‘grant of letters of administration with will annexed’ is issued instead.

A ‘grant of letters of administration’ is issued where there is no valid will.

Collectively, these are known as ‘grants of representation’. 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.

Do you always need a grant?

Not always. Whether you need it depends on what the person owned and how they owned it. You may not need a grant 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 a grant, 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 a grant 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, as set out in a statutory order, decide who’s entitled to apply, usually starting with a spouse or civil partner, then children, and working outward through the family from there.

Inheritance Tax and valuing the estate

Before you can apply for a grant, 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 pay at least some of the tax before a grant is issued, 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 application for a grant itself.

How much does it cost to administer an estate?

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 it take to administer an estate?

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 crucial.

However, getting the grant issued is only part of the process. Some estates can take many months, and in some cases years, to conclude. Liaising with HM Revenue and Customs to settle the Inheritance Tax and Income Tax position or selling a property or business frequently delays the administration process.

Can a grant 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. Selling or transferring assets before a grant is issued.
An executor’s authority to act is derived from the will, so some steps can be taken before a grant is issued. However, if there is no will, then a grant has to be obtained to deal with the estate assets. Either way, a grant will be required to deal with certain assets, such as selling property or shares.

2. Assuming you always need a grant.
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. Getting the Inheritance Tax calculation wrong.
Failing to claim the relevant exemptions or allowances to calculate the Inheritance Tax liability correctly.

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 a grant 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, as set out in a statutory order, 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, read our guide to making a will.

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?

A grant of probate is issued where there is a valid will with named executors. A grant of letters of administration is issued where there’s no will.

About the author

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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.