What Is Probate? A Guide to Applying for Probate in England and Wales
Probate is the legal process of dealing with the property, money and possessions of someone who has died. In England and Wales, a 'grant of probate' gives the named executor the legal authority to manage and distribute the estate. Whether probate is needed depends on what the person owned and how it was held.
When someone dies, their estate — their property, savings, investments and possessions — usually needs to be gathered in, any debts and tax settled, and the remainder passed to the people entitled to it. Probate is the formal step that gives someone the legal authority to do this. For many families it is their first encounter with the process, often at a difficult time.
This article explains what probate is, when it is and isn't needed, the role of the executor, how to apply, the fees involved in the 2026/27 tax year, and how probate relates to Inheritance Tax. It focuses on the system in England and Wales — Scotland has a separate process called confirmation, and Northern Ireland has its own arrangements.
It is general information rather than personal advice. Estate matters can be complex, and speaking to a solicitor or a regulated financial adviser may be appropriate.
In this article
Quick Summary
This may help you:
- You have been named as an executor in someone's will
- A relative has died and you are unsure whether probate is needed
- You are planning your own estate and want to understand the process
- You want to know what fees and tax may be involved
Before deciding, check:
- Whether assets were held jointly or in sole name
- The total value of the estate
- Whether there is a valid will
- Whether Inheritance Tax may be due
Part of the Estate Planning series
- What Happens To Your Pension When You Die?
- Do Pensions Count Towards Inheritance Tax?
- Estate Planning Explained: Wills, Trusts and Financial Planning
- What Happens to Your ISA When You Die?
- Lasting Power of Attorney Explained
- Discretionary Trusts and Inheritance Tax Explained
- What Is Probate? A Guide to Applying for Probate in England and Wales
- Deed of Variation Explained
- What Happens If You Die Without a Will? Intestacy Rules Explained
- Paying for Care in Later Life Explained
- Bare Trusts Explained
- The Residence Nil Rate Band Taper on Estates Over £2 Million
What is probate?
Probate is the process of proving a will is valid and obtaining the legal right to deal with a deceased person's estate. The document that grants this authority is called a 'grant of probate' when there is a will, or 'letters of administration' when there is no valid will. Collectively these are known as a 'grant of representation'.
The grant is what banks, investment providers, the Land Registry and other organisations usually ask to see before they will release or transfer assets. Without it, an executor often cannot access significant sums or sell property held in the deceased's sole name.
When is probate needed — and when isn't it?
Probate is not always required. Whether it is needed depends mainly on what the person owned and how it was held, rather than simply on the value of the estate. Probate is often required where the deceased owned property or land in their sole name, or held larger sums with banks or investment providers that insist on seeing a grant.
Probate is frequently not needed where assets were owned jointly and pass automatically to the surviving owner under the 'right of survivorship' — for example a jointly owned home or a joint bank account passing to a surviving spouse or partner. It may also be unnecessary for very small estates, as many banks will release modest balances without a grant, though each institution sets its own threshold.
If you are an executor, it is sensible to ask each organisation that holds an asset whether they require a grant before assuming probate is or isn't needed.
The role of the executor or administrator
An executor is the person named in the will to carry out its instructions. Where there is no will, an administrator (usually a close relative) takes on the equivalent role under the intestacy rules. The responsibilities are broadly the same:
- Identify and value the estate's assets and debts
- Report to HMRC and pay any Inheritance Tax due
- Apply for the grant
- Settle debts and expenses
- Distribute what remains to the beneficiaries
Executors take on legal duties and can be held personally responsible for mistakes, such as distributing the estate before debts or tax are settled, so many choose to take professional help for larger or more complex estates.
How to apply for probate
Before applying, you must value the estate — the assets and debts as at the date of death — to work out whether Inheritance Tax is due. You then report to HMRC if required (see below), and apply for the grant either online through GOV.UK or by post using the relevant paper form.
As part of the application the executor confirms the information is correct, and where required this is supported by a statement of truth. Once granted, you use the grant to collect in the assets, settle liabilities and distribute the estate.
For the Government's official guidance, see GOV.UK — Applying for probate and GOV.UK — Applying for probate: Fees.
Probate fees in 2026/27
In England and Wales, the application fee for probate is £300 where the value of the estate is above £5,000. There is no fee if the estate is £5,000 or less. Extra official copies of the grant — useful so you can deal with several organisations at once — cost £16 each. A second or additional application costs £21.
If you are on a low income or receive certain benefits, you may be able to get help with the fee by applying using form EX160 before you apply for probate.
These fees are separate from any Inheritance Tax and from any solicitor's charges if you choose to use one.
Probate and Inheritance Tax
Even where no Inheritance Tax is due, you must still value the estate as part of the probate process. Inheritance Tax is charged at 40% on the value of an estate above the available tax-free thresholds. The nil-rate band is £325,000 and the residence nil-rate band — which can apply when a home is left to direct descendants — is up to £175,000. Both are frozen until at least April 2031.
For deaths on or after 1 January 2022, if the estate qualifies as an 'excepted estate' (broadly, where no Inheritance Tax is due and certain conditions are met), the personal representatives usually do not need to complete a full HMRC account and can apply for probate directly.
Where Inheritance Tax is payable, or the estate does not qualify as excepted, the full account on form IHT400 must be submitted to HMRC.
Key Considerations
| Factor | Why It Matters |
|---|---|
| How assets were held | Jointly owned assets often pass automatically without probate |
| Estate value | The £300 fee applies to estates over £5,000; smaller estates pay no fee |
| Whether there is a will | Determines whether you apply for a grant of probate or letters of administration |
| Inheritance Tax | The estate must be valued even if no tax is due; IHT is 40% above the thresholds |
| Excepted estate status | If qualifying, no full HMRC account is usually needed for deaths from 1 January 2022 |
| Extra copies of the grant | At £16 each, several copies let you deal with organisations in parallel |
| Executor responsibility | Executors can be personally liable for errors, so care or professional help may be needed |
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Financial planning decisions depend on individual circumstances. If you would like clarity on how the topics discussed may apply to your situation, TrustEvo can connect you with a regulated financial adviser.
This article is provided for general information only and does not constitute financial advice. Financial decisions depend on individual circumstances and regulated financial advice may be appropriate in some situations.