- Do you even need probate?
- Who's allowed to apply: executors or the closest relative
- Seven steps before the application goes in
- The five estate values the form asks for
- When more than one person is applying
- Probate fees, copies and help with fees
- Why the extra copies are worth ordering early
- Stopping an application someone else has made
- Plain advice before you apply for probate
- Frequently asked questions
Probate is the legal right to deal with someone's property, money and possessions (their estate) after they die. You apply online or by post once you've valued the estate, and as of Nov 2026 GOV.UK lists an application fee of 526 pounds when the estate is worth over 5,000 pounds, with no fee at 5,000 pounds or less.
When someone close to you dies, the forms start arriving long before you're ready for them, and probate is the word that worries people most. A lot of that worry comes from not knowing whether you need it at all. Below is how GOV.UK explains probate in England and Wales: when it's needed, who's allowed to apply, what you must do first and what it costs. Scotland and Northern Ireland have their own probate rules, so this guide doesn't cover them.
GOV.UK is firm on one point before anything else: don't make any financial plans or put property on the market until you've got probate.
Do you even need probate?
GOV.UK's first step is to contact the financial organisations the person who died used, such as their bank and mortgage company, and ask whether you'll need probate to get access to their assets. Every organisation has its own rules, so the answer can differ from one account to the next.
You may not need probate if the person who died only had savings, or if they owned shares or money jointly with others, because that automatically passes to the surviving owners unless they've agreed otherwise. Land or property owned as joint tenants also passes automatically to the surviving owners. You can check whether probate has already been issued by searching the probate records on GOV.UK.
Who's allowed to apply: executors or the closest relative
Who can apply depends on whether there's a will. If there's a will, the executors named in it can apply. If there isn't, the most entitled person can apply to become the administrator of the estate. GOV.UK says that's the closest living relative, normally the husband, wife or civil partner (including if you were separated), followed by any children aged 18 or over. That includes legally adopted children but not step-children.
A partner who wasn't married to the person, or in a civil partnership with them, when they died can't apply. If there's no husband, wife, civil partner or child, GOV.UK's inheritance checker works out who the closest relative is, and the same tool shows who'll inherit, because the law decides that when there's no will.
If you're entitled but don't want to do it
- Appoint someone else: form PA12 lets up to 4 people hold power of attorney, so they can apply for probate and administer the estate for you. You can still apply yourself later if you take back that power. A registered lasting power of attorney (LPA) or signed enduring power of attorney (EPA) also works.
- Give up your right: if the person who died had children and you're their husband, wife or civil partner, you fill in form PA16. If all the children are 18 or over, at least one of them will need to apply. If some are under 18, GOV.UK says to contact the Liverpool District Probate Registry to find out who must apply.
- Anything else: GOV.UK says to speak to a probate practitioner, such as a solicitor, and points to MoneyHelper guidance on using one.
Seven steps before the application goes in
- Check that probate is needed and that you're eligible to apply.
- Estimate the value of the estate for Inheritance Tax. Even if there's no tax to pay, you'll need the value for the probate application.
- Find out whether you need to report the full details of the estate to HM Revenue and Customs (HMRC). If you don't have to send full details or pay Inheritance Tax, it's called an excepted estate, and you can apply for probate straight away.
- If you must report full details, fill in and send form IHT400 within 12 months of the person dying and before applying. Full details means the estate's assets and debts, any gifts made, and any reliefs and exemptions.
- If Inheritance Tax is due, start making payments. HMRC then sends you a unique code, which you need before applying. If you pay from your own bank account, you can claim the tax back from the estate.
- Gather the original will, if there is one, and a copy of the death certificate if the death happened outside England or Wales or you have an interim death certificate from the coroner.
- Apply for probate online or by post.
The five estate values the form asks for
This is the part that trips people up. For an excepted estate you report estimates, not a full valuation. GOV.UK's online Inheritance Tax checker gives you 3 of the 5 values, and you work out the other 2 yourself from those.
| Value | What GOV.UK says it means |
|---|---|
| Gross estate value for IHT | The total value of the estate when the person died (from the IHT checker) |
| Net estate value for IHT | Gross value minus debts, costs and other allowable expenses such as household bills and mortgages (from the IHT checker) |
| Net qualifying estate value for IHT | Net value minus any exemptions for a spouse, civil partner or charity (from the IHT checker) |
| Gross value for probate | Gross IHT value minus joint assets passing to a surviving owner, gifts made in the 7 years before death, assets owned abroad and assets held in a trust |
| Net value for probate | Gross probate value minus debts the person owed and the funeral cost, leaving out debts owed jointly, such as a mortgage on a joint property |
If you're not sure whether to include something, GOV.UK points you to its guidance on what counts as a gift.
When more than one person is applying
The group picks one lead applicant, who manages the application for everyone. Each applicant gives the lead their email address and mobile number, and everyone must have internet access. Once the lead signs the legal declaration, the others get an email with a link to it and a text with an access code to sign. The lead can't continue until everyone has signed, and the Courts and Tribunals Service will only discuss the application with the applicants named in it.
Probate fees, copies and help with fees
Whether you pay depends on the value of the estate. These are the amounts GOV.UK lists, as of Nov 2026:
| What you're paying for | Amount |
|---|---|
| Application, estate worth over 5,000 pounds | 526 pounds |
| Application, estate worth 5,000 pounds or less | No fee |
| Extra copies ordered when you apply | 2 pounds each |
| Extra copies ordered after you've applied | 16 pounds each |
| Second application once probate has already been granted | 22 pounds, payable even if the estate is 5,000 pounds or less |
You may get help with the probate fee and other court fees if you have a low income or are on certain benefits. You can apply online or with form EX160 before applying for probate. If you apply for probate online, you pay the full fee up front and get a refund later if your help with fees claim succeeds. There's no help with the fee for extra copies.
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Why the extra copies are worth ordering early
The detail most people miss sits in that fees table. GOV.UK says you can order extra copies of the probate document for 2 pounds each when you submit your application, so you can send them to different organisations at the same time. Order them after you've applied and they cost 16 pounds each. If the person had accounts with several banks, a pension provider and a mortgage lender, deciding how many copies you'll need before you press submit saves both money and weeks of waiting.
Stopping an application someone else has made
You can challenge a probate application before it's granted by entering a caveat. GOV.UK gives examples such as a dispute about who can apply, or about whether there's a will.
Plain advice before you apply for probate
Ring each bank, building society and mortgage lender first and ask whether they'll need a grant of probate, because GOV.UK says every organisation has its own rules and small or jointly held estates may not need it. If you do need it, follow the order in GOV.UK's Applying for probate guide: value the estate, sort out Inheritance Tax, then apply, and order your extra copies with the application.
If this has you thinking about your own affairs, these online will makers are a simple place to start, and these money-saving tips help if the estate's bills are landing on you while you wait.
Frequently asked questions
What is probate?
Probate is the legal right to deal with someone's property, money and possessions, called their estate, when they die. GOV.UK says you shouldn't make financial plans or put property on the market until you've got it.
How much does probate cost?
As of Nov 2026, GOV.UK lists an application fee of 526 pounds if the estate is worth over 5,000 pounds and no fee if it's 5,000 pounds or less. Extra copies cost 2 pounds each if you order them when you apply.
Do I always need probate?
No. You may not need it if the person only had savings, or owned money, shares, land or property jointly so that it passes automatically to the surviving owners. Ask each bank or organisation, because each has its own rules.
Who can apply for probate if there's no will?
The closest living relative, normally the husband, wife or civil partner, followed by any children aged 18 or over. A partner who wasn't married or in a civil partnership with the person can't apply.
Do I need to deal with Inheritance Tax before probate?
Yes. You must estimate the estate's value first, and if Inheritance Tax is due you normally have to pay some of it and get a code from HMRC before you apply.
Can I stop someone else applying for probate?
You can enter a caveat to challenge an application before it's granted, for example if there's a dispute about who can apply or whether there's a will.
