What is probate
Written by Eliza, Bereavement Adviser at Octopus Legacy
Last updated: 27 March 2026
What is probate?
Probate is the legal process of dealing with someone's estate after they die. It gives the person responsible for the estate (the executor, if there's a will, or an administrator, if there isn't) the legal authority to collect assets, pay debts, and distribute what's left to the people who are entitled to it.
In most cases, you can't access someone's bank accounts, sell their property, or transfer their investments without first getting a document called a Grant of Probate (or a Grant of Letters of Administration if there's no will). This document is issued by the Probate Registry, which is part of HM Courts and Tribunals Service.
Probate can feel overwhelming, especially when you're grieving. But understanding how it works, what it costs, and how long it takes can make the process feel more manageable. This guide covers everything you need to know about probate in 2026.
Do you always need probate?
Not every estate needs probate. Whether you need it depends on what the person who died owned and how they owned it.
You will usually need probate if the person who died owned property in their sole name (or as tenants in common), had savings or investments above a certain threshold, or held shares in their own name.
You probably won't need probate if everything was held jointly (as joint tenants), because joint assets pass automatically to the surviving owner. You also won't need it if the estate is very small, if all assets had named beneficiaries (like life insurance policies written in trust or pensions with a nominated beneficiary), or if the total value of the estate is under £5,000.
Banks and building societies each set their own thresholds for releasing funds without probate. Some will release balances under £5,000 without it, while others set the limit at £25,000 or even £50,000. It's worth contacting each institution directly to ask what they require.
In Scotland, the equivalent process is called "confirmation" and is handled through the Sheriff Court. The principles are similar, but the terminology and some of the rules differ.
How much does probate cost?
The cost of probate breaks down into two parts: the application fee and professional fees if you choose to use a solicitor or probate service.
The application fee is set by the government and is currently £300 for estates valued at more than £5,000. If the estate is worth £5,000 or less, there's no fee. Extra copies of the grant cost £16 each, and it's worth ordering several because banks, building societies, and the Land Registry may all need to see an original.
Professional fees vary widely depending on who you use and how complex the estate is. A solicitor will typically charge between £2,000 and £10,000 plus VAT to handle probate, often calculated as a percentage of the estate value (usually 1% to 5%). Some charge a fixed fee for straightforward estates.
A specialist probate service like Octopus Legacy's Full Administration service can offer a more transparent and often more affordable alternative to a traditional solicitor, while still handling the entire process on your behalf.
If cost is a concern, you may be eligible for help with the £300 court fee. You can apply online or fill in form EX160 before submitting your probate application. You can't get help with the cost of extra copies of the grant.
How long does probate take?
The timeline depends on the complexity of the estate, but here's a rough guide to what you can expect in 2026.
Getting the Grant of Probate currently takes around 8 to 16 weeks from the date you submit your application. As of early 2026, the national average processing time is around 8 weeks for straightforward online applications. Paper applications and more complex cases take longer.
The full process from death to final distribution of the estate typically takes 9 to 18 months. This includes gathering all the information you need before you can apply, waiting for the grant, collecting in all the assets, paying debts and taxes, preparing estate accounts, and distributing to beneficiaries.
Several things can slow the process down. Inheritance tax needs to be calculated and sometimes paid before the grant is issued. Property may need to be valued or sold. If there's no will, or if the will is disputed, things can take significantly longer. Estates with overseas assets, business interests, or trusts are also more complex.
The single biggest thing you can do to speed up probate is to make sure the application is complete and accurate the first time. Errors or missing information are the most common cause of delays.
The probate process step by step
Probate involves several stages. Here's what happens and roughly how long each part takes.
1. Register the death and gather documents (weeks 1 to 4)
Before you can start the probate process, you need to register the death and get the death certificate. You'll also need to locate the will (if there is one), identify all the assets and debts, and get valuations for property, investments, and other significant assets.
2. Calculate and report inheritance tax (weeks 4 to 8)
If the estate is above the inheritance tax threshold (currently £325,000, or up to £500,000 if the residence nil-rate band applies), you'll need to complete inheritance tax forms for HMRC. Even if no tax is due, you may still need to report the estate. Any inheritance tax owed must usually be paid before the grant is issued, though you can sometimes pay in instalments for property.
3. Apply for the Grant of Probate (weeks 8 to 16)
You can apply online at GOV.UK or by post. You'll need to submit the original will (if there is one), the death certificate, the inheritance tax forms, and the £300 application fee. The Probate Registry will review your application and, if everything is in order, issue the grant.
4. Collect assets and pay debts (weeks 16 to 40)
Once you have the grant, you can start collecting in the estate. This means contacting banks, building societies, investment providers, and the Land Registry to transfer or close accounts. You'll also need to pay any outstanding debts, utility bills, and final tax liabilities.
5. Prepare estate accounts and distribute (weeks 40 to 52+)
Before distributing anything to beneficiaries, you should prepare a full set of estate accounts showing everything that came in and went out. This protects you as executor and gives beneficiaries a clear picture of how the estate was handled. Once everyone is satisfied, you can distribute the remaining assets.
When probate isn't needed
There are several common situations where probate isn't required.
Joint assets passing by survivorship. If the person who died owned property or bank accounts jointly as "joint tenants" (not "tenants in common"), those assets pass automatically to the surviving joint owner. You just need to provide a death certificate to update the records.
Small estates. If the total value of the estate is under £5,000, there's no probate fee and most institutions will release funds without a grant. Even for slightly larger estates, some banks will release funds up to their own internal threshold (which varies but can be as high as £50,000) with just a death certificate and proof of entitlement.
Assets with named beneficiaries. Life insurance policies written in trust, pensions with a nominated beneficiary, and some types of ISA don't form part of the probate estate. They pass directly to the named beneficiary.
Assets held in trust. If the person who died had placed assets into a trust during their lifetime, those assets are owned by the trust, not the individual. They don't need to go through probate.
DIY probate vs using a professional
You can handle probate yourself. The application process is straightforward for simple estates, and the government's online service makes it relatively easy to submit the forms. If the estate is small, there's no property involved, and there are no complications, doing it yourself can save money.
But probate can get complicated quickly. If any of the following apply, it's worth considering professional help: the estate includes property that needs to be sold, there are inheritance tax liabilities, the person who died had business assets or overseas assets, there's no will, the will is being contested, there are multiple beneficiaries with competing interests, or you simply don't have the time or confidence to manage the process while grieving.
Using a solicitor gives you legal expertise, but it can be expensive. Fees typically range from £2,000 to £10,000 plus VAT, and the process can feel opaque if you're not sure what you're paying for.
Using Octopus Legacy's Full Administration service is designed to take the entire burden off your shoulders. Here's what makes it different:
It saves you time. Dealing with an estate involves hundreds of phone calls, letters, and forms. The Octopus Legacy team handles all of it, so you can focus on yourself and your family.
It could save you money. The team works to minimise costs across the estate, from identifying tax reliefs to negotiating with creditors. The service is often more affordable than a traditional solicitor.
It brings expertise when you need it most. Probate involves legal, financial, and tax questions that most people have never encountered before. The team has handled thousands of estates and knows what to look out for.
It gives you peace of mind. Knowing that everything is being handled properly, by people who do this every day, takes a huge weight off during an incredibly difficult time.
It handles complexity. Whether the estate involves property, business assets, inheritance tax, or assets in different countries, the team has the experience to manage it.
It protects relationships. Money and inheritance can strain even the closest families. Having an independent professional manage the process can help keep things fair and transparent.
Probate in Scotland and Northern Ireland
The process works slightly differently depending on where in the UK the person who died was domiciled.
Scotland uses "confirmation" rather than "probate." The application is made through the Sheriff Court, not the Probate Registry. The executor applies for confirmation by submitting an inventory of the estate. The process is broadly similar, but the legal terminology and some rules around intestacy and inheritance differ.
Northern Ireland has its own Probate Office in Belfast. The process is similar to England and Wales, but applications are made through the Northern Ireland Courts and Tribunals Service. The inheritance tax rules are the same across the UK, but local procedures may differ slightly.
Frequently Asked Questions
What is probate and why is it needed?
Probate is the legal process of dealing with someone's estate after they die. It gives the executor or administrator the legal authority to collect assets, pay debts, and distribute the estate to beneficiaries. Without a Grant of Probate, banks, building societies, and the Land Registry won't release assets or allow property to be transferred.
How much does probate cost in the UK in 2026?
The probate application fee is £300 for estates valued at more than £5,000. There is no fee for estates worth £5,000 or less. Extra copies of the grant cost £16 each. If you use a solicitor, professional fees typically range from £2,000 to £10,000 plus VAT. A specialist probate service like Octopus Legacy may offer a more affordable alternative.
How long does probate take in the UK?
Getting the Grant of Probate currently takes around 8 to 16 weeks from the date of application. The full process of administering the estate, from death to final distribution, typically takes 9 to 18 months depending on complexity. Straightforward online applications may be processed faster, with a national average of around 8 weeks in early 2026.
When is probate not needed?
Probate is not needed when all assets were jointly owned as joint tenants (they pass automatically to the surviving owner), when the estate is very small (under £5,000), when assets have named beneficiaries (like life insurance in trust or pensions), or when assets were held in a trust. Some banks will release small balances without probate, with thresholds varying from £5,000 to £50,000.
Can I do probate myself without a solicitor?
Yes, you can apply for probate yourself using the government's online service at GOV.UK. For simple estates with no property, no inheritance tax, and no complications, DIY probate is straightforward. However, if the estate is complex, involves property, inheritance tax, business assets, or if the will is disputed, professional help from a solicitor or specialist probate service can save time and reduce the risk of costly mistakes.
What is the difference between probate and letters of administration?
A Grant of Probate is issued when the person who died left a valid will, and it authorises the named executor to deal with the estate. A Grant of Letters of Administration is issued when there is no will (or no valid will), and it authorises an administrator (usually the next of kin) to deal with the estate. The application process and fees are the same for both.
What happens if someone dies without a will and probate is needed?
If someone dies without a will, the estate is distributed according to the rules of intestacy. The next of kin (usually a spouse or civil partner, then children) can apply for a Grant of Letters of Administration. The administrator has the same responsibilities as an executor but must follow the intestacy rules rather than the wishes in a will. This can sometimes lead to outcomes the person who died wouldn't have wanted, which is why writing a will is so important.
Who pays for probate?
Probate costs are usually paid from the estate of the person who died. However, the executor or administrator may need to pay some costs upfront (like the £300 application fee) before the estate funds become available. These costs can be reimbursed from the estate once the grant is issued and assets are collected. Some banks will release funds directly to pay for probate and funeral costs before the grant is issued.
