Probate is the legal process that gives someone the authority to deal with a person’s estate after they pass away. The estate includes everything the person owned (such as property and possessions) and any outstanding debts.
Probate ensures the the gathering of these assets, the paying off of debts and the distribution of the remaining estate to the rightful heirs. Without it, institutions such as banks or the Land Registry will not allow anyone to manage the deceased’s accounts or property.
When Do You Need Probate?
You will usually need probate when the deceased owned assets solely in their name. These might include:
- A house or flat
- Savings and investments
- Cars or personal valuables
However, you may not need it if:
- All assets were held jointly and pass automatically to the surviving co-owner
- The estate is very small, typically under £5,000
- Some institutions release funds below a certain amount without needing probate
- Assets are held in a trust
Each financial organisation has its own rules, so you should always check with them directly.
Who Can Apply for Probate?
Eligibility to apply depends on whether there is a valid Last Will and Testament:
| With a Will | Executors named in the Will have the legal right to apply for probate |
| Without a Will | The closest living relative can apply to be the administrator (usually the spouse, civil partner or adult child of the deceased) |
If you do not want to apply yourself, you can step aside or appoint a professional, such as a solicitor or probate specialist. However, before you apply for probate, you should complete the following tasks before submitting your application:
- List all assets and liabilities with supporting property deeds, debt statements, etc
- Value the estate by valuing everything the person owned and subtract any debts
- Check for Inheritance Tax and use HMRC’s online calculator to estimate liability
- Start paying any tax due and HMRC will send a reference number needed for your probate application
How to Apply for Probate
Online Application
Applying online is the most efficient method. You will need:
- The original Will (if applicable)
- The death certificate
- A full valuation of the estate
- Contact details for all applicants
- A payment method for the probate fee
One applicant acts as the lead and submits the legal applications. The other applicants sign electronically. If all documents are in order, probate is typically granted in four to nine weeks.
Paper Application
If you cannot apply online:
- Use from PA1P if there is a Will
- Use from PA1A if there is no Will
Send the form, supporting documents and a cheque for the fee to the Probate Registry. Paper applications take longer to process.
How Long Does the Process Take?
Online applications for simple estates are usually processed within four to nine weeks. However, more complex cases may take longer. For example:
- Applications that are paused for missing information
- Estates with overseas property
- Disputes over the will or entitlement
Some cases can take several months or even over a year to full resolve. You can avoid delays and keep the process moving by:
- Applying online if possible
- Double-checking documents before submission
- Ensuring consistent valuations for assets
- Paying Inheritance Tax early if you owe
- Making sure all executors sign declarations promply
- Ordering multiple certified death certificates in advance
Probate Fees in 2025
The standard probate application fee is £300 for estates with a value over £5,000. There is no fee for estates worth £5,000 or less. Extra official copies of the probate document cost £1.50 each. These are useful when dealing with multiple organisations.
You may be eligible for a fee reduction or waiver if you receive certain benefits or have a low income. You can apply online or submit form EX160 with your applications. Refunds are available if your claim is successful after you have already paid.
Hiring a probate specialist may save time and stress, especially in complex cases. However, costs vary by service type:
- Probate-Only is a fixed fee for preparing the application and can range from £500 to £1,200
- Full Estate Administration is typically chargeable at 2% to 5% of the estate’s value
You should always ask for a detailed quote and check for any included VAT.
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This article is for general informational purposes only and does not constitute legal or financial advice. While we aim to keep our content up to date and accurate, UK tax laws and regulations are subject to change. Please speak to an accountant or tax professional for advice tailored to your individual circumstances. Pi Accountancy accepts no responsibility for any issues arising from reliance on the information provided.