Probate is the legal right to deal with someone’s property, money and possessions after they die. Sorting it out can feel like a maze when you are grieving, but the process follows clear steps. This guide explains what probate is, when you need it, what it costs, and how to apply in England and Wales. Scotland and Northern Ireland have their own processes — see the Scottish Courts guidance and nidirect.
What is probate?
Probate is the authority to administer a deceased person’s estate. If there is a will and you are named as executor, you apply for a grant of probate. If there is no will, the closest relative applies for letters of administration. Both give you the legal power to access accounts, sell property and distribute the estate.
When do you need probate?
You usually need probate if the estate includes property or land held in the deceased’s sole name, or savings and investments above a bank’s threshold (each bank sets its own limit, often somewhere between £5,000 and £50,000). Probate is often not needed for small estates, or for assets that pass automatically to a surviving joint owner — such as property owned as joint tenants. Property owned as tenants in common does not pass automatically: the deceased's share passes under their will or the intestacy rules (GOV.UK).
How do you apply for probate?
There are three broad steps: value the estate (assets minus debts), report and pay any inheritance tax that is due, and then apply for the grant online through GOV.UK or by post. You normally have to deal with inheritance tax before the grant is issued.
How much does probate cost?
The application fee in England and Wales is £526 for estates worth more than £5,000, and there is no fee if the estate is £5,000 or less. Extra copies of the grant cost £2 each if you order them with your application, or £16 each if you order them later. You can check the current fees on GOV.UK (checked October 2026).
How long does probate take?
Once you apply, the grant itself often arrives within a few weeks to a couple of months, though times vary. Dealing with the whole estate — selling property, settling debts and distributing what is left — usually takes several months or longer for more complex estates.
Do you need a solicitor for probate?
No. Many people apply for probate themselves, especially for straightforward estates. A solicitor or probate specialist can help if the estate is large or complex, if there is a dispute, or if you simply would rather not handle it yourself.
Frequently asked questions
Can I access the bank account before probate?
Sometimes. Many banks release funds for the funeral and certain bills before probate, and small balances may be paid out without it. Larger amounts usually need the grant.
Do I need probate if everything was jointly owned?
Often not, but it depends on how things were owned. Joint accounts and property owned as joint tenants usually pass automatically to the surviving owner. Property owned as tenants in common does not — the deceased's share is part of their estate and probate may be needed.
Do I pay inheritance tax before or after probate?
Generally before. Any inheritance tax due usually has to be reported and paid before the grant of probate is issued.
How Solace Care can help
Valuing an estate and gathering paperwork is one of the heaviest tasks after a death. Solace Care helps you keep every document, account and deadline organised in one place. Want help with the practical side after a death? Create a Solace Care account or read more guides.
