Probate is the legal process of administering a deceased person's estate. When someone dies, a legal authority — called a Grant of Representation — is often needed to prove that a named person has the right to deal with the estate. This grant takes one of two forms:
Both documents have the same practical effect: they give the named person legal authority to collect assets, pay debts, and distribute the estate. Third parties — banks, HMRC, the Land Registry, investment platforms — will require sight of the grant before releasing or transferring assets.
Probate is not always legally mandatory, but it is usually needed in practice when the estate includes:
Probate is generally not required for assets that pass outside the estate:
Flat fee for all estates over £5,000 — one fee regardless of estate size
The Probate Registry fee is set by HMRC and applies to all estates above £5,000 in England and Wales. There is only one application fee — it does not scale with the size of the estate. Estates worth £5,000 or under pay nothing.
| Estate Value | Probate Registry Fee |
|---|---|
| £5,000 or less | No fee |
| More than £5,000 | £273 (flat fee) |
| Additional copies of the Grant | £1.50 per copy |
You should order multiple certified copies of the Grant when you apply — typically 6–10 copies. Banks, investment firms, HMRC, the Land Registry, and insurers each want their own copy; they rarely return originals.
| Route | Government Fee | Professional Fee | Typical Total |
|---|---|---|---|
| DIY probate (no IHT) | £273 | £0 | £273 |
| DIY probate (with IHT — form IHT400) | £273 | £0 | £273 + IHT due |
| Solicitor (fixed fee, average estate) | £273 | £2,500–£5,500 | £3,000–£6,000 |
| Solicitor (percentage, 1–5% of estate) | £273 | E.g. 2% of £300,000 = £6,000 | £6,273 for £300k estate |
| Online probate service (specialist) | £273 | £595–£1,500 | £868–£1,773 |
| Letters of Administration (no will) | £273 | As above | As above |
Probate timelines vary considerably depending on complexity:
| Estate Type | Typical Timeline |
|---|---|
| Straightforward, no IHT, no property | 8–12 weeks (grant); 3–6 months total |
| Property, no IHT | 12–20 weeks (grant); 6–12 months total |
| IHT due, complex assets | 20–52 weeks (grant); 12–18 months total |
| Contested will or disputed assets | Could be years; court proceedings required |
One of the most frustrating aspects of probate is a circular funding problem:
Solutions to this include:
A caveat can be entered at the Probate Registry (fee: £3) by anyone with a legitimate interest who wants to stop a Grant being issued. Common reasons include:
A caveat lasts six months and can be renewed. The executor can issue a warning against the caveat, which the caveator must respond to within 8 days or lose their right to object. Contested probate cases can last years and cost tens of thousands of pounds in legal fees.
A standing search (fee: £3) is a useful tool for creditors or interested parties: it ensures they are notified whenever a Grant of Representation is issued in a particular estate within the next six months.
The Probate Registry fee is £273 for estates valued at more than £5,000. This is a flat fee — it does not increase with the size of the estate. Estates worth £5,000 or less pay no probate fee. Additional certified copies of the Grant cost £1.50 each; order 6–10 at the time of application.
Not always. Probate is typically needed when the estate includes solely owned property or land, or when financial institutions require it to release funds. Most banks require probate if the account balance exceeds their threshold (commonly £15,000–£50,000). Jointly owned assets passing by survivorship do not require probate. Small estates and those consisting entirely of jointly owned assets may not need a grant at all.
A straightforward probate with no inheritance tax typically takes 8–16 weeks from the date of application to receiving the Grant. Including valuing the estate and distributing assets, the full administration process typically takes 6–12 months, and longer for contested or complex estates.
A Grant of Probate is issued when the deceased left a valid will, confirming the executor's authority to administer the estate. Letters of Administration are issued when there is no valid will (intestacy), appointing an administrator. Both documents have the same practical effect — they give the named person legal authority to deal with the estate.
Yes. DIY probate is entirely legal and saves potentially thousands of pounds. You need to complete HMRC forms IHT205 or IHT400, then probate application forms PA1P (with a will) or PA1A (no will). Professional help is advisable for estates with IHT due, disputed assets, overseas assets, or any suggestion of a contested will.
A caveat is a formal notice lodged at the Probate Registry (fee: £3) to prevent a Grant being issued while a dispute is investigated. It lasts six months and can be renewed. It is used when someone challenges the validity of a will, is making a claim under the Inheritance Act, or is contesting the executor's appointment.
HMRC requires IHT to be paid within six months of the end of the month of death. The Probate Registry will not issue the Grant until HMRC confirms IHT has been paid or is not due. To solve the funding problem, executors can use the Direct Payment Scheme to have banks pay IHT directly to HMRC from the deceased's accounts before the Grant is issued.