Probate Explained. A Plain English Guide for Executors

Alongside the grief of losing someone, there's often a practical job waiting: sorting out what they owned, what they owed, and making sure it reaches the right people. That job has a name, probate, and for most families, it's the first time they've ever had to deal with it.

This guide covers what probate actually is, whether you need it, how to apply, and what it currently costs, including a fee change that took effect on 13 July 2026, recent enough that several other guides online haven't caught up with it yet.

What is probate, exactly?

Probate is the legal process of dealing with someone's estate after they die. Their property, savings, investments, and possessions. A Grant of Probate (if there's a will) or Letters of Administration (if there isn't) is the document that proves to banks, the Land Registry, and other institutions that you have the legal authority to act on the estate's behalf.

Without it, banks and other institutions generally won't release significant funds or transfer property, even to a close family member.

Do you actually need it?

Not always. It depends on the size of the estate and how assets are held:

Jointly owned assets . A jointly owned house or a joint bank account usually passes automatically to the survivor, without probate.

Small estates . Many banks and building societies will release funds below their own threshold (commonly somewhere between £5,000 and £50,000, depending on the institution) with just the death certificate, ID, and their own closure form.

NS&I products . Premium Bonds, savings certificates and similar have a much lower threshold, £5,000 combined across all NS&I holdings. This catches out more families than people expect, since £5,000 is a low bar.

If there's property solely in the deceased's name, or savings and investments above these thresholds, probate is very likely needed.

What does probate actually cost in 2026?

This is where it's worth being precise, because the figure changed very recently. As of 13 July 2026, the HMCTS probate application fee in England and Wales rose from £300 to £526 for any estate worth more than £5,000. An increase of over 75%, following an earlier rise from £273 to £300 in 2024. Estates of £5,000 or less still pay no application fee at all.

One small piece of good news alongside the increase: extra sealed copies of the grant, which most families need to send to several banks and institutions at once, dropped from £16 each to just £2.

This fee is a flat rate. An estate worth £15,000 pays the same £526 as one worth £15 million. It's paid to HM Courts & Tribunals Service (HMCTS), and it's recoverable as an expense of the estate once the grant is issued, not something you have to permanently pay out of your own pocket.

Beyond the court fee, costs depend on whether you handle it yourself or use a solicitor. Solicitor fees for full estate administration commonly range from 1% to 4% of the estate's value. On a £350,000 estate, that can mean several thousand pounds. For a straightforward estate with a valid will, no disputes, and UK-based assets, many executors handle the application themselves and save that cost entirely.

How do you actually apply?

There are two routes:

Apply yourself through GOV.UK , using form PA1P if there's a will, or PA1A if there isn't one. Most people apply online through the MyHMCTS service, though a postal option exists too. You'll need the original will (if there is one) and the death certificate.

Use a solicitor or probate specialist . Worth considering for larger or more complex estates, contested wills, or if you simply don't want to take it on yourself during an already difficult time.

If Inheritance Tax is due on the estate, this generally needs to be reported and paid before the grant is issued in many cases. Worth checking the current thresholds on GOV.UK, since this can affect timing.

How long does it actually take?

A straightforward online application typically receives the Grant within around 12 weeks. That's just the grant itself. The full process of valuing the estate, settling any debts and tax, and distributing what remains to beneficiaries usually takes 6 to 12 months in total for a straightforward estate, longer if it's complex or contested.

Executor or next of kin. They're not the same thing

An executor is whoever is named in the will to administer the estate. This might be a spouse, an adult child, a friend, or a solicitor. They don't have to be next of kin, and next of kin doesn't automatically make someone an executor.

If there's no will, there's no executor. Instead, the rules of intestacy decide who can apply for Letters of Administration and how the estate is shared. Usually starting with a spouse or civil partner, then children. It's worth getting proper advice at this point rather than guessing, since intestacy rules can produce results that surprise people.

A lay executor, a family member, say, can recover genuine out-of-pocket expenses from the estate, but generally can't charge for their own time and effort unless the will specifically allows it. A professional executor, such as a solicitor or bank named in the will, can usually charge under a professional fee clause.

What if you're in Scotland or Northern Ireland?

The figures above apply to England and Wales only. Scotland uses a different process called Confirmation, with fees based on the estate's value rather than a flat rate. Free for estates under £50,000, rising in bands above that. Northern Ireland has its own system, with a standard fee around £261 and similar exemptions for small estates. If you're dealing with an estate in Scotland or Northern Ireland, check the specific process for that nation rather than assuming England and Wales rules apply.

A word from The Care Compass

When my dad died, alongside everything else, there was an estate to sort out. Forms, a Grant to apply for, banks to contact one by one. It's genuinely strange doing paperwork like this while you're grieving, and nobody quite prepares you for how long it can take, or how many separate institutions want their own copy of the same document.

If you're right at the start of this, take it one step at a time. The forms look intimidating, but for a straightforward estate, they're more manageable than they first appear.

If you'd find it useful, our first days after a death checklist covers what comes before this, registering the death, Tell Us Once, and the practical things to do in the first couple of weeks.

This article is for guidance only and does not constitute legal advice. Please consult a qualified solicitor or the Probate Registry for advice specific to your situation.

You don’t have to navigate it alone.