Probate, explained properly: what it is, what it costs and whether you need help.
Not sure whether the estate you are dealing with even needs probate? Answer a few quick questions and find out in under two minutes.
What probate actually is
Probate is the legal process that gives someone the authority to deal with a person's money, property and possessions after they die. In England and Wales, that authority usually comes as a document called a grant of probate (where there is a will) or letters of administration (where there is not). Banks, HM Land Registry and other institutions will often refuse to release or transfer significant assets until they have seen it.
If you have been named as an executor, or you are the closest relative of someone who died without a will, probate is likely to be your job. That can feel daunting in the middle of a bereavement. The good news is that the process itself is well defined, and for many estates it is genuinely manageable without paying anyone.
When probate is needed (and when it is not)
Probate is not always required. Broadly, you will usually need it when the person who died owned:
- Property or land in their sole name. A house cannot be sold or transferred without the grant.
- Bank or savings accounts above the provider's threshold. Each bank sets its own limit, typically somewhere between £5,000 and £50,000. Below that, many will release funds against a death certificate and a simple declaration.
- Shares, investments or Premium Bonds above similar thresholds.
You often will not need probate when everything was owned jointly with a surviving spouse or partner (joint assets usually pass automatically by survivorship), the estate is small and consists only of cash and personal possessions, or life insurance and pension death benefits are paid directly to a named beneficiary outside the estate.
Because every estate is a mix of these, the honest answer is “it depends on what they owned and how they owned it”. Our do I need probate checker walks through the asset by asset logic and gives you a clear steer before you spend anything.
Do you need a solicitor for probate?
No. There is no legal requirement to use a solicitor for probate in England and Wales. Thousands of people complete the process themselves every year using the government's online service. The real question is not “am I allowed to do this myself?” but “is this particular estate one I should do myself?”
When DIY probate is a sensible choice
- The estate is straightforward: a house, some bank accounts, no inheritance tax to pay.
- There is a clear, valid will and the executors agree with each other.
- All beneficiaries are adults, easy to find and on good terms.
- You have the time. Even a simple estate involves paperwork, valuations and chasing institutions.
When professional help earns its fee
- Inheritance tax is due, or the estate is near the threshold. Executors are personally liable for mistakes on the IHT forms.
- The estate includes a business, farm or foreign assets.
- There is no will, and the intestacy rules produce a complicated or contentious result.
- Someone may challenge the will, or family relationships are strained.
- The estate is insolvent (debts exceed assets), where creditor order matters legally.
- Trusts are involved, either in the will or already existing.
A useful middle path exists too: handling most of the legwork yourself and paying for help only with the technical parts, such as the inheritance tax account. Our DIY vs solicitor comparison tool scores your situation against these risk factors and shows what each route would typically cost for an estate like yours.
What does a probate specialist actually do?
If you do instruct a professional, here is what you are paying for:
- Identifying and valuing every asset and debt in the estate
- Preparing and submitting the inheritance tax account (IHT400 or the excepted estates route) to HMRC
- Applying for the grant of probate or letters of administration
- Collecting in the assets: closing accounts, selling or transferring property, cashing in investments
- Paying debts, funeral costs, taxes and expenses in the correct legal order
- Preparing estate accounts and distributing what remains to the beneficiaries
- Protecting the executor: placing statutory notices for unknown creditors, advising on personal liability, handling disputes
Some firms offer “grant only” services that cover just the application, leaving the administration to you. This is usually much cheaper and suits people who are comfortable with admin but want the legal filing done correctly.
What probate costs in 2026
There are two layers of cost: the fixed fees everyone pays, and professional fees if you use help.
Fixed costs
- Probate application fee: £526 for estates over £5,000 (up from £300 on 13 July 2026). Estates of £5,000 or less pay no application fee.
- Extra copies of the grant cost £2 each when ordered with the application (order several; every institution wants one). Copies ordered later cost more.
- Optional but sensible: statutory notices in The Gazette and a local paper, typically £100 to £200 combined, which protect executors from unknown creditor claims.
Professional fees
Pricing models vary widely, which is exactly why it pays to compare:
- Fixed fee: common for grant only work, often £500 to £1,500 plus VAT. Full administration on a fixed fee might run from around £1,500 for a simple estate to £5,000 or more for a complex one.
- Hourly rate: typically £150 to £350 plus VAT per hour depending on seniority and location.
- Percentage of the estate: some firms charge 1% to 5% of the estate value, sometimes on top of hourly rates. On a £400,000 estate, 2% is £8,000. Always ask exactly how the fee is calculated and get it in writing.
Banks and some large providers also offer probate services; their percentage based pricing has historically been among the most expensive, so compare carefully before defaulting to a familiar brand.
Our probate cost calculator estimates the likely total for your estate across all three pricing models, so you can walk into any quote conversation knowing what “reasonable” looks like.
How long probate takes
Set expectations early, because this is the part that surprises most families:
- Before applying: gathering valuations and completing tax forms typically takes 4 to 12 weeks, longer if there is property or foreign assets to value.
- The grant itself: in the latest published HMCTS figures (January to March 2026), grants took a mean of 6.4 weeks from submission across all channels, around 4.5 weeks for digital applications (82.6% of the total) and 16.5 weeks for paper ones. Waits vary quarter to quarter, and applications that get “stopped” for queries take considerably longer.
- Full administration: collecting assets, selling property and distributing the estate commonly takes 6 to 12 months in total. Estates with a property sale, an IHT bill or a dispute can run well beyond a year.
A common rule of thumb is that executors should not distribute the estate within six months of the grant, because that is the window in which certain claims against the estate can be made. The probate timeline estimator builds a realistic month by month picture from the specifics of your estate.
Common questions
Do you legally need a solicitor for probate?
How much does a solicitor charge for probate?
How much is the probate application fee?
Do I need probate if there is a will?
Can I do probate myself and just pay for the tax forms?
How long after death do you have to apply for probate?
Get your numbers before you get quotes.
Run the probate cost calculator and the timeline estimator to see what this estate should realistically cost and how long it should take. Then, if you decide you want help with some or all of it, tell us about the estate and we will connect you with a vetted probate specialist who quotes transparently.