Probate Cost Calculator UK 2025/26

What Is Probate?

Probate is the legal process of proving that a will is valid and giving the executor — the person named in the will to carry out its instructions — the legal authority to deal with the deceased's estate. The formal document issued is called a Grant of Probate. Where there is no will, the process results in Letters of Administration, and the person dealing with the estate is called an administrator rather than an executor.

When Is Probate Required?

Probate is needed when the deceased owned assets solely in their own name. The most common trigger is property: if the deceased owned a property in their sole name, the Land Registry will require a Grant of Probate before the property can be sold or transferred. Banks and financial institutions also require probate (or Letters of Administration) to release funds above their internal thresholds, which typically range from £15,000 to £50,000 depending on the institution.

When Is Probate NOT Required?

Several common assets pass outside of probate:

• Jointly owned assets (joint tenancy): Property or bank accounts held as joint tenants pass automatically to the surviving owner by right of survivorship. No probate needed for these assets.
• Pensions: Pension funds are not part of the estate. They are distributed at the discretion of the pension trustee based on a nomination of beneficiary form. No probate required.
• Life insurance with a written nomination: If a life insurance policy has a valid written nomination of beneficiary, the payout goes directly to the nominated person. No probate required.
• Assets held in trust: Trust assets do not form part of the deceased's estate and pass according to the trust deed.
• Very small estates: Where all assets fall below institutional thresholds (typically under £5,000–£15,000), institutions may release funds on a statutory declaration without a grant.

How to Apply for Probate — DIY Route

The executor can apply for a Grant of Probate online at gov.uk/applying-for-probate or by post using the PA1P form (if there is a will) or PA1A (if there is no will). The steps are:

• Value the estate: Establish the value of all assets and liabilities at the date of death. For property, obtain a formal valuation (RICS surveyor) or use a recent estate agent valuation.
• Report to HMRC: Complete and submit the relevant inheritance tax return — IHT400 (full return) or IHT205/IHT207 (simplified, for excepted estates below the IHT threshold). If inheritance tax is owed, it must be paid before the grant is issued.
• Apply for the grant: Submit form PA1P or PA1A online or by post with the original will (if any), death certificate, and the probate application fee (£300).
• Receive the Grant: The Probate Registry (part of HMCTS) processes the application. Once satisfied, it issues the Grant of Probate. Order multiple certified copies at this stage (£1.50 each).
• Administer the estate: Use the Grant to collect all assets, pay debts and taxes, and distribute the estate to beneficiaries in accordance with the will or intestacy rules.

How Long Does Probate Take?

The Grant of Probate itself is typically issued within 8–12 weeks of a correctly completed application in 2025. After the Grant is issued, the full administration of the estate — collecting assets, paying debts, dealing with property sales, and distributing to beneficiaries — typically takes a further 3–12 months for a straightforward estate. Complex estates (multiple properties, overseas assets, trusts, disputes) can take 1–3 years.

Executor's Duties and Responsibilities

An executor takes on significant legal and financial responsibility. Key duties include:

• Registering the death and notifying relevant organisations (pension providers, banks, HMRC, DWP).
• Securing and valuing all estate assets; arranging insurance for property during administration.
• Paying all debts and liabilities from the estate before distributing to beneficiaries.
• Filing the estate's income tax return for the period of administration.
• Preparing estate accounts and obtaining receipts from beneficiaries before final distribution.
• Keeping accurate records throughout — an executor can be held personally liable for distributing the estate incorrectly.

Executors are entitled to reimbursement of out-of-pocket expenses from the estate. Unless the will specifically authorises charging professional fees, a non-professional executor cannot charge for their time — though a professional executor (e.g. a solicitor or bank) named in the will can charge their standard rates.

Contested Wills and Contentious Probate

If a family member or beneficiary disputes the validity of the will — for example, on the grounds of lack of testamentary capacity, undue influence, or fraud — the matter becomes "contentious probate" and typically results in court proceedings. This is entirely different from the standard probate process and can cost tens of thousands of pounds in legal fees. A caveat can be entered at the Probate Registry by anyone who wishes to prevent a grant being issued while a dispute is resolved. Claims can also be made under the Inheritance (Provision for Family and Dependants) Act 1975 if someone believes they were inadequately provided for by the will.

Intestacy — Dying Without a Will

If someone dies without a valid will, they are said to have died "intestate". The estate is distributed according to the Intestacy Rules under the Administration of Estates Act 1925 (as amended). Under these rules, the estate passes to the closest surviving relatives in a fixed order: spouse or civil partner first, then children, then other relatives in a set hierarchy. Unmarried partners receive nothing under intestacy rules regardless of the length of the relationship — this is one of the most common financial planning oversights. Writing a will is the only way to ensure your estate is distributed as you intend.

Scotland: Confirmation Rather Than Probate

In Scotland, the equivalent of probate is called Confirmation. An executor applies to the Sheriff Court for a Confirmation document, which gives them authority to administer the estate. The fee structure differs from England and Wales. Scots law also has different rules on succession, including "prior rights" and "legal rights" (known as lem legitim) that give certain family members an automatic entitlement to part of the estate regardless of the terms of the will.