Probate is the legal right to deal with someone’s property, money and possessions after they die, and the first question is whether you need it at all. Because each organisation sets its own rules, some estates do not. The second question, where you do, is what it costs, and the fee schedule is shorter than its reputation.
What probate is
Probate is the grant that lets the executor, or the administrator where there is no will, collect the estate’s assets, pay its debts and distribute what remains. GOV.UK’s instruction is blunt: do not make financial plans or put property on the market until you have it (GOV.UK, Applying for probate: what is probate, checked 1 November 2026). Scotland and Northern Ireland have different rules.
If there is a will, the executors named in it apply. If there is not, the closest living relative applies to become administrator, and the law decides who inherits. Our letters of administration page covers that route.
When you may not need it
Probate is needed when an organisation holding an asset will not release it without the grant, and GOV.UK’s method is to ask them. Contact each bank, building society and mortgage company the person used, because every organisation has its own rules (GOV.UK, Applying for probate: what is probate, checked 1 November 2026).
GOV.UK names three situations where probate may not be needed: the person only had savings; they owned shares or money jointly with others, which automatically passes to the surviving owners unless they had agreed otherwise; or they owned land or property as joint tenants with others, which passes to the surviving owners in the same way (GOV.UK, Applying for probate: what is probate, checked 1 November 2026).
GOV.UK’s list stops at joint tenants, and the other way of owning a home is the one to check. A home owned as joint tenants passes to the survivor without probate. A home owned as tenants in common is different in law: the person’s share is part of their estate rather than passing automatically, so the grant is usually needed for it. The title register at HM Land Registry shows which it is.
The small-estate question
People ask for a figure, and there is not one. GOV.UK does not publish a threshold below which probate is unnecessary; it says each organisation has its own rules (GOV.UK, Applying for probate: what is probate, checked 1 November 2026). In practice a bank sets its own balance below which it releases money on sight of the death certificate, and banks differ.
The figure that does exist is £5,000, and it is about the fee, not the need. Below it, probate is free to apply for. It says nothing about whether a bank will ask for the grant.
What it costs
If the estate is worth more than £5,000, the application fee is £526. If it is £5,000 or less, there is no fee (GOV.UK, Applying for probate: fees, checked 1 November 2026). Extra copies of the probate document cost £2 each when ordered with the application, which is worth doing because each organisation will want to see one, and £16 each if ordered later.
A second application after probate has been granted costs £22, for example where an executor who held “power reserved” on the first application later applies, and that £22 is payable however small the estate.
Help with the fee exists for people on a low income or certain benefits, online or on form EX160. If you apply for probate online, you pay the full fee and are refunded if the help application succeeds; the reference number goes in with the forms or by email to the help with fees team (GOV.UK, Applying for probate: fees, checked 1 November 2026). The help does not cover extra copies.
Doing it yourself is allowed and GOV.UK says it can be cheaper than paying a probate practitioner such as a solicitor to apply for you (GOV.UK, Applying for probate: apply for probate, checked 1 November 2026).
Before you can apply
Three checks come before the application, in GOV.UK’s order: that probate is needed, that you are eligible to apply, and whether there is Inheritance Tax to pay. The estate has to be valued for Inheritance Tax even where none is due, because the estimate is part of the probate application (GOV.UK, Applying for probate: before you apply, checked 1 November 2026).
If Inheritance Tax is due, the estate must be reported on form IHT400 within a year, tax usually has to start being paid before probate is granted, and HMRC sends a code that the application needs. If no full report is needed, the estate is an “excepted estate” and you can apply straight away. Our gifts and the 7-year rule page covers the part of that valuation families most often get wrong.
After you apply
GOV.UK says you will usually get probate within 12 weeks of submitting, longer if more information is needed, and that online applicants can track progress by signing in (GOV.UK, Applying for probate: apply for probate, checked 1 November 2026). Our how long does probate take page carries the HMCTS quarterly figures behind that “usually”, which are more useful than the headline.
Once granted, the will becomes a public record and any death certificate you sent is returned.
Stopping someone else’s application
If there is a dispute about who can apply for probate, or whether there is a will, you can challenge an application before it is granted by entering a caveat (GOV.UK, Applying for probate: what is probate, checked 1 November 2026). That is a formal step with consequences, and it is the point at which advice is worth paying for.