Probate is the legal right to deal with a person's property, money and other assets — known as their 'estate' — when they pass away. If you have been named an executor, or you are simply trying to work out what needs to happen after a death, here is the process in plain English.

Two common myths

• "There's a Will, so we won't need probate." This is probably the most common misunderstanding. Probate is far less about whether a Will exists and far more about what assets the person held and who is holding them.
• "Probate is a thing you get." Probate is not a single event. It is a whole process, at the end of which you receive a document that lets you deal with the estate.

What is a grant of probate?

A grant of probate is a certificate issued by the Probate Registry confirming that the executor named in the Will has authority to manage the estate and distribute the assets. Where there is no Will, the equivalent document is called a grant of letters of administration.

If you are an executor — and there may be more than one — obtaining the grant and administering the estate is your responsibility.

When is probate needed?

As a general rule, you will need a grant once the estate is worth more than £5,000.

Individual organisations set their own thresholds on top of that, which is where it gets confusing. A bank with a £50,000 limit may release a £10,000 balance without a grant. The Land Registry, by contrast, requires a grant to transfer any property at all, whatever it is worth. It is always worth asking each organisation directly what they need.

What does probate cost?

The probate application fee in England and Wales is £526, following the increase on 13 July 2026. Estates worth £5,000 or less pay nothing at all.

Extra sealed copies of the grant cost £2 each when ordered at the same time as the application, or £16 each if ordered later. Since you will need to send a copy to every bank, provider and organisation involved, ordering several up front is a sensible saving. You can read more in our post on the 2026 probate fee increase.

Four common situations

1. Assets and a Will

Probate is required, and this is usually the smoothest route. The person died 'testate', the executor is already named, and their wishes are clear. The executor applies for the grant and administers the estate accordingly.

2. Few assets and a Will

A grant often isn't needed, provided the estate falls below £5,000 and below the limits set by each organisation involved. You will still have work to do, though: notifying banks, pension providers, insurers, utilities, HMRC and the DWP, closing accounts, and dealing with any Inheritance Tax reporting. The government's Tell Us Once service handles several of those notifications in one go.

3. Assets but no Will

A grant of letters of administration is required. The person died 'intestate', so the rules of intestacy decide who inherits — which may not be what they would have chosen. Expect more paperwork, including proof of relationship, and be aware that establishing who has the right to apply can be genuinely difficult in blended or estranged families.

4. Few assets and no Will

A grant often isn't needed, but the notifications and account closures still have to be done, and the intestacy rules still determine who receives whatever there is.

How the process works, step by step

No two estates are the same, but the shape of the process is usually consistent.

Before you apply

• Register the death and obtain copies of the death certificate. Order several — most organisations will want to see one.
• Locate the Will and confirm who the named executors are.
• Contact every bank, provider and organisation the person dealt with. Building a complete picture of the estate early makes everything afterwards faster.
• Value the assets. These figures feed directly into the Inheritance Tax position, so accuracy matters.

Applying for the grant

• Deal with Inheritance Tax first. HMRC needs to be satisfied before the Probate Registry will issue the grant.
• Submit the application and pay the £526 fee.
• Apply online if you can. HMCTS figures from mid-2026 show online applications being issued in around four to five weeks on average, while paper applications average closer to sixteen weeks.

The single biggest cause of delay is an application being 'stopped' because something is missing or inconsistent, which can add months. Problems with the Will, an executor dying, an unresolved tax issue, a dispute or difficulty tracing beneficiaries can all hold things up too.

Once the grant arrives

• Send a copy to each organisation so you can access the assets.
• Settle any outstanding debts. These are paid before anything is distributed to beneficiaries.
• Distribute what remains according to the Will, or according to the intestacy rules where there is no Will.

Need to know more?

Probate can be a complicated process, particularly at a time when you are also grieving. If you would like to talk it through, you can book a free consultation with us — a no-cost, no-obligation conversation about the options open to you.

This article is general information for England and Wales, not legal or financial advice, and the rules can change. Please seek personal advice about your own circumstances. Last updated August 2026.