Originally published: 9 May 2019 | Last updated: 1 January 2026
TL;DR: Probate functions as a legal process which verifies the validity of Wills and allows Executors to obtain control over the estate management of deceased persons. The cost for obtaining a Grant of Probate in England and Wales stands at £300 for estates which exceed £5,000 but smaller estates receive this service for free. The process of obtaining Letters of Administration requires a family member to file an application when no Will exists. The procedure demands more resources which leads to higher expenses during the process. Your family members will face less probate stress because you created a Will which includes your chosen Executor.
What Is Probate?
Probate represents the official court procedure which validates Wills before granting Executors the power to control all estate assets of deceased individuals. The court issues a document which serves as a Grant of Probate.
The financial institutions which control the deceased person’s assets will continue to hold them until the court issues the Grant of Probate document. The Grant serves as proof for third parties which shows that the Executor possesses the legal authority to manage the estate.
What Happens If You Die With a Will vs Without a Will?
Scenario
With a Will
Without a Will (Intestate)
Who manages the estate
Named Executor
Court-appointed Administrator
Court document needed
Grant of Probate
Letters of Administration
Application process
Online application available
Must apply by post
Distribution of estate
According to your wishes
According to intestacy rules
Complexity
Straightforward
Significantly more complex and expensive
The process of applying for Letters of Administration requires an eligible family member to start this process when no Will exists. The person has to prove the court that no Will exists after conducting a thorough search for all documents while they must prove their right to serve as Administrator and they need to distribute assets according to intestacy laws.
How Does the Probate Process Work?
The probate process follows these steps:
The Executor needs to find the original Will before they can start reading its contents.
Value the estate: identify all assets (property, bank accounts, investments, possessions) and debts
Report to HMRC: submit an Inheritance Tax (IHT) form, even if no tax is owed
Apply for probate: submit the application with the original Will, death certificate, and IHT form
Receive the Grant: the court issues the Grant of Probate (typically 4: 8 weeks)
Collect assets: present the Grant to banks and institutions to release funds
Pay debts and taxes: settle all outstanding obligations of the estate
Distribute the estate: transfer assets to beneficiaries according to the Will
Prepare accounts: provide beneficiaries with a detailed record of estate administration
Learn more about the full responsibilities of the role in our guide to the duties of an Executor.
How Much Does Probate Cost in the UK?
Cost Element
Amount
Probate application fee (estate over £5,000)
£300
Probate application fee (estate under £5,000)
Free
Additional copies of the Grant
£1.50 each
Professional probate solicitor (if used)
£2,000. £10,000+ (or 1: 5% of estate value)
The £300 application fee is the court cost alone. The Executor must spend this amount if they choose to handle probate matters independently. However, many people engage a probate solicitor, which dramatically increases costs. You need to select your Executor with care because this decision will influence multiple aspects of estate management. A family member who has skills can reduce their professional service expenses by thousands of dollars.
When Is Probate Not Required?
The law requires probate only under specific circumstances. The process becomes unnecessary when:
The estate consists only of jointly held assets that pass automatically to the surviving owner
The estate value is below the threshold set by individual banks and institutions (typically £5,000. £50,000 depending on the institution)
All assets are held in trust
The estate consists only of cash below the institution’s threshold
Each bank and institution sets its own threshold for releasing funds without a Grant of Probate. The probate process becomes necessary for all estates which consist of property ownership or when their value exceeds certain limits.
How Does Having a Will Make Probate Easier?
A properly drafted Will simplifies the probate process in several key ways:
The Will includes a specific Executor who courts do not need to appoint as Administrator.
The Executor can complete the probate application process through online submission but must send intestate estate applications through mail.
The distribution plan exists to stop any disputes about who gets what.
The system provides quick results because it saves all information in a structured format.
The system needs less money because clear instructions reduce the need for professional services.
Writing your Will at LegalWills.co.uk for £49.95 can save your family thousands in probate complications and solicitor fees. The service also offers a Keyholder feature that gives your Executor access to step-by-step instructions when the time comes.
Frequently Asked Questions
How long does probate take in the UK?
The Grant of Probate document becomes available between four and eight weeks after you send your application. The process of estate administration takes between six and twelve months to complete but complex cases need additional time.
Can an Executor be paid for handling probate?
The Will does not give Lay Executors who are family members or friends any right to receive payment but it allows them to get back their necessary costs. Professional Executors (solicitors, banks) typically charge 1: 5% of the estate value.
What if the original Will cannot be found?
The court will accept a duplicate of the Will when someone shows evidence that the original document did not disappear through intentional actions. However, this significantly complicates the process. You need to keep your original Will in a secure place which you should inform your Executor about.
Do all estates need to pay Inheritance Tax?
No. Inheritance Tax is only payable on estates valued above the nil-rate band (currently £325,000). An additional residence nil-rate band of £175,000 may apply if the family home is left to direct descendants. An IHT form must still be submitted to HMRC even if no tax is due.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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