Probate UK: how it works, what it costs and how long it takes

This guide to probate UK is written for anyone acting as an executor or administrator after a death, whether you're dealing with it right now or planning ahead for your own family's future.

Probate is the legal process of dealing with someone's estate after they die, so their assets can be collected, any debts and tax settled, and what's left distributed to the people entitled to it. If the person who died left a valid will naming an executor, that executor applies for a grant of probate. If there's no will, or the will doesn't name anyone able to act, the closest eligible relative applies instead for letters of administration, which does the same job but is granted to an "administrator" rather than an executor.

Both documents give the holder the legal authority to access bank accounts, sell property, and deal with the estate on the deceased's behalf. Without one, most banks, building societies, and the Land Registry won't release money or transfer property.

Do you always need probate? (Who decides if probate is needed?)

Not every estate needs probate, and there isn't a single decision-maker who grants permission for it. Whether it's required depends on what the deceased owned and how it was held, and it's ultimately down to whoever holds the assets, such as a bank or the Land Registry, to decide whether they'll release them without a grant.

As a general rule, probate usually isn't needed if the estate is very small, if everything was held in joint names and passes automatically to a surviving joint owner, or if all the assets fall below the individual thresholds set by each institution. If the estate includes a property held in the deceased's sole name, or an account above an institution's threshold, you'll almost always need a grant.

Probate in the UK follows a broadly similar sequence whatever the size of the estate: registering the death, valuing everything that's owned and owed, dealing with any Inheritance Tax due, applying for the grant, then collecting in assets and distributing them. The steps below set out how it works in practice.

Probate costs fall into a few different categories, and the total varies enormously depending on the size and complexity of the estate. There's a court fee to apply for the grant itself, then separate costs if you choose to pay a solicitor or probate specialist to handle some or all of the process on your behalf.

Because the court fee for applying for probate changes from time to time, we haven't quoted a figure here. Check the current fee on gov.uk before you apply.

If you use a solicitor or probate specialist, they'll usually charge either a fixed fee for managing the whole process, or a percentage of the estate's value. Fixed fees tend to suit simpler estates, while a percentage fee is more common for larger or more complex ones. Always ask for a written estimate before you instruct anyone, and clarify exactly what's included, since some quotes cover only the application itself, while others include collecting assets and distributing the estate too.

How long probate takes in the UK depends on how complicated the estate is, how quickly you can gather the paperwork, and how busy the probate registry is at the time. As a general shape, the process runs through three broad stages: valuing the estate and applying for the grant, waiting for the grant itself to be issued, and then collecting in assets and distributing the estate once you have it.

Correct as of July 2026, HM Courts and Tribunals Service publishes current processing times for probate applications, and these vary depending on demand and whether an application needs extra checks. Processing times change fairly often, so check the latest guidance on gov.uk rather than relying on a fixed number of weeks. Complex estates, disputed wills, or missing paperwork can extend the timescale considerably.

Once the grant is issued, most straightforward estates take a further few months to fully administer, largely because executors must wait out a statutory notice period before distributing anything, to protect themselves from claims by creditors they didn't know about.

If someone dies without a valid will, their estate is dealt with under the rules of intestacy instead, and the process for getting authority to deal with it is called applying for letters of administration rather than a grant of probate. The rules of intestacy set a fixed legal order of relatives who inherit, which doesn't always match what the person would have wanted, and unmarried partners have no automatic right to inherit under these rules at all.

For a full explanation of what happens if you die without a will, including who inherits and in what order, see our dedicated guide.

The most reliable way to avoid this outcome for your own family is by writing a will that sets out exactly who you want to inherit and who should act as your executor. Good estate planning goes further than a will alone, and if you're organising your affairs for later life, it's also worth understanding how a lasting power of attorney fits alongside it, in case you're ever unable to make decisions for yourself. When you're ready to put a will in place, understanding how much a will costs and comparing will writing services can help you choose the right option for your circumstances.

There's no single legal figure for how much money you can have in the bank before you need probate. The thresholds are set individually by each bank or building society, not by law, and they vary from one institution to another. Many banks will release smaller balances directly to a next of kin or executor without a grant of probate, simply on production of a death certificate and some identification.

Because every institution sets its own limit, and some review it periodically, the only reliable way to find out is to contact the bank or building society directly and ask what their small estates process requires. If the deceased held accounts with several providers, you may find some release funds without a grant while others insist on seeing one, even for similar balances.

If you're unsure where to start, MoneyHelper offers impartial, government-backed guidance on managing money after a bereavement, and can be reached on 0800 138 7777.

Probate works slightly differently depending on which part of the UK the person who died was living in, or held property in. The underlying idea is the same everywhere, that someone needs legal authority before they can deal with an estate, but the terminology and the court process differ.

If someone held property or accounts in more than one UK nation, you may need to deal with more than one process, so it's worth checking the specific requirements for each nation involved.

Being an executor is a position of real responsibility, and it comes with personal risk if things go wrong. Executors can be held personally liable if they distribute an estate incorrectly, for example by paying out to beneficiaries before settling all the deceased's debts and tax, or by getting the order of priority wrong when there isn't enough money to go around.

This liability is personal, meaning a creditor or an unpaid tax bill could, in theory, be pursued against the executor's own money, not just the estate's. It sounds alarming, but it's manageable with a bit of care and isn't something most executors will ever have to deal with seriously, provided they follow the proper process.

There's no single right answer to whether it's better to handle probate yourself or bring in a solicitor or probate specialist. It depends on the estate and on your own circumstances, and it's worth weighing up a few factors before deciding.

Probate itself is a legal process, and Money Saving Advisors doesn't provide probate or legal services. For the legal side of dealing with an estate, you'll need a solicitor, a licensed conveyancer, or a probate specialist. Where we can help is with the financial decisions that often follow once probate is granted, or even before it, when families need money quickly.

Executors sometimes need to fund an Inheritance Tax bill before the estate's own assets are released, since Inheritance Tax is often due before the grant is issued. Some families explore using equity release to help cover an Inheritance Tax bill without having to sell other assets quickly, allowing a surviving spouse to release funds from their own home instead. Any equity release plan should come from a lender that's a member of the Equity Release Council, which sets standards designed to protect consumers.

A surviving spouse or partner's circumstances often change significantly after a bereavement, and it's worth reviewing whether their existing mortgage still suits them, or whether later-life options could help. If a new mortgage, a further advance, or an equity release plan is being considered as part of this, remember that your home may be repossessed if you do not keep up repayments on a mortgage or any other debt secured on it.

It's also worth checking any life insurance policies the person who died held, since payouts are often paid directly to a named beneficiary or into a trust, sitting outside the estate and outside probate entirely, which can mean support for the family arrives faster than the rest of the estate.