Probate explained: dealing with someone’s estate

Probate is the legal right to deal with the property, money and possessions (the estate) of someone who has died. It is given by a document called a grant of probate if there is a will, or letters of administration if there is not. You may not need it for a small estate, or if everything was jointly owned. When you do need it, you value the estate, report it for Inheritance Tax, apply to the probate service, and then collect the money, pay any debts and share out what is left. In Scotland the process is called confirmation.

Who deals with the estate?

• Executors are the people named in a will to deal with the estate. They apply for a grant of probate.
• Administrators deal with the estate when there is no valid will, or when the will names no executor who can act. They are usually the closest living relatives, and they apply for letters of administration.

Both are often called personal representatives. Being one is a serious responsibility, because you must act in the interests of the people who inherit. You can pay a solicitor to do the work for you, or step aside if you do not want the role.

Do you always need probate?

No. You may not need it if:

• the estate is small, with only modest amounts in bank or savings accounts. Each bank sets its own limit for releasing money without probate, so ask them.
• everything was owned jointly, such as a joint bank account or a home owned as joint tenants. These pass automatically to the surviving owner.
• the only assets are things like personal belongings, or money that pays out direct to a named person, such as some pensions and life insurance policies.

You will usually need probate if the person owned a house or flat in their sole name, or as tenants in common, or had larger sums in banks or investments. GOV.UK has a guide to checking whether you need probate.

How do you apply for probate in England and Wales?

1. Find the will. Check the person’s papers, their solicitor and their bank. You need the original, not a copy.
2. Value the estate. List everything the person owned (property, money, investments, cars, valuables) and everything they owed (mortgage, loans, credit cards, bills). Write to banks and others for the value at the date of death.
3. Check for Inheritance Tax. Most estates owe none. If tax is due, or the estate does not qualify as an “excepted estate”, you must send form IHT400 to HMRC and usually pay at least some of the tax before you can apply for probate. If no tax is due and the estate is excepted, you report the values as part of the probate application instead.
4. Apply. You can apply online on GOV.UK or by post. You will need the original will and a death certificate or interim death certificate from a coroner.
5. Pay the fee. At the time of writing (October 2026), the application fee is £526 if the estate is worth more than £5,000, and there is no fee for smaller estates. Extra official copies of the grant cost £2 each if you order them with the application, and £16 each afterwards.

Applications can take several months to process, longer if HMRC needs to check the tax position. GOV.UK publishes current guidance on what happens after you apply.

What is Inheritance Tax and who pays it?

Inheritance Tax is charged on estates above a threshold, which at the time of writing is £325,000. It can rise to £500,000 if the home is left to children or grandchildren, and a husband, wife or civil partner can inherit any unused threshold, so a couple can pass on up to £1 million before tax is due. The rate is 40% on the amount above the threshold, or 36% if at least 10% of the net estate is left to charity. Anything left to a husband, wife, civil partner or charity is normally free of tax.

The tax is paid from the estate, not by the people who inherit. It is due by the end of the sixth month after the death, and interest is charged after that. HMRC’s Inheritance Tax guide has the full rules.

What happens after probate is granted?

1. Collect the estate. Send copies of the grant to banks and others to close accounts and release the money, and sell or transfer property.
2. Pay debts, taxes and expenses, including the funeral, any Inheritance Tax still owed and any income tax due up to the date of death.
3. Protect yourself from unknown debts. Executors often place a deceased estates notice in The Gazette and a local newspaper. If no creditor comes forward within the time given, at least two months, you are protected if an unknown creditor appears later.
4. Share out the estate according to the will, keeping receipts from everyone who receives money or items.
5. Keep estate accounts showing everything received and paid out, and share them with the people who inherit.

What happens if there is no will?

When someone dies without a valid will, the law decides who inherits. These are called the intestacy rules. In England and Wales, a husband, wife or civil partner inherits the personal belongings, the first £322,000 of the estate and half of anything above that. The children share the other half. If there is no spouse or civil partner, the estate goes to children, then to parents, then to brothers and sisters, and so on. Unmarried partners who were not named in a will do not inherit automatically, but they may be able to make a claim. The rules are different in Scotland and Northern Ireland. GOV.UK has a tool to check who inherits if there is no will.

How is it different in Scotland and Northern Ireland?

Scotland: executors apply to the sheriff court for confirmation, which does the same job as probate. Estates worth up to £36,000 can use a simpler small estates process, and the sheriff clerk’s office can help. mygov.scot explains dealing with an estate in Scotland.

Northern Ireland: applications go to the Probate Office in Belfast, either directly or through a solicitor. nidirect explains how to apply.

Should you use a probate solicitor?

Many people deal with a straightforward estate themselves. It is worth getting professional help if:

• Inheritance Tax is due, or the estate includes a business, farm, overseas property or trusts
• there is no will, or the will is unclear, or someone may challenge it
• the estate may not be able to pay all its debts
• the executors disagree, or you simply do not have the time

Solicitors in England and Wales must publish their prices for uncontested probate work on their websites, so you can compare them. Some charge a fixed fee, some an hourly rate and some a percentage of the estate’s value. Ask for a written estimate and what it includes before you instruct anyone. You can find probate solicitors near you.