Applying for probate in England and Wales: fees and how to apply

When someone dies, their money, home and belongings do not pass to relatives automatically the same day: first you need the legal right to deal with them. In England and Wales that right is called probate, and the document is a grant of probate. Here is when you need it, what it costs and how to get it.

What is probate and when do you need it?

GOV.UK defines probate as "the legal right to deal with someone's property, money and possessions (their 'estate') when they die". Until you have it you should not sell property or make financial plans around the estate. Whether you need it depends on the banks and other organisations, as each sets its own rules. Sometimes probate is not needed — for example if the person only had savings, or if property and accounts were jointly held and pass automatically to the survivor.

Who can apply?

Not just anyone. If there is a will, the named executors apply. If there is no will, the closest living relative does. You can apply yourself, online or by post, which usually costs less than using a professional such as a solicitor.

What about Inheritance Tax?

If Inheritance Tax is due on the estate, you must report its value within one year using form IHT400, and you cannot apply for probate until you have. Even with no tax due, you still need an estimated estate value for the application.

Fees and timing

The application fee is £526 if the estate is valued over £5,000. "There's no fee if the estate is £5,000 or less." Extra copies of the grant cost £2 each if ordered at application and £16 each afterwards; copies are handy for sending to several banks at once. Help with the fee is available on a low income or certain benefits (form EX160). The service says you "usually get probate within 12 weeks" of applying; paper applications take longer than online ones.

Where to start

In practice: value the estate, deal with Inheritance Tax, submit IHT400 if needed and wait for HMRC's code, then apply through the online probate service on GOV.UK and pay the fee. Order copies of the grant straight away so you can close the deceased's accounts faster.

What if there is no will?

With no will, the estate is shared under the rules of intestacy, which set the order of relatives — spouse, children and beyond. In that case the closest relative applies not for a grant of probate but for a similar document, letters of administration. The procedure and fee are the same, but who may apply is set by law, not by the deceased's wishes.

Can you avoid probate altogether?

Sometimes. If the amounts in accounts are small, some banks release them without a grant — each bank sets its own threshold, so ask the organisation concerned. Jointly held assets (for example a home or account held as joint tenants) usually pass straight to the survivor, outside probate. But as soon as you need to sell a property in the deceased's sole name, or deal with larger sums, a grant is almost always required.