Do I need probate? When you need it, how long it takes and what it costs

When someone dies, the people dealing with their money and property often need a legal document called a grant of representation. If there is a will, it's called a grant of probate. If there isn't, it's called letters of administration. Most people call the whole thing "probate". This guide explains when you need it, when you don't, how long it takes and what it costs, for estates in England and Wales.

What a grant of probate does

The grant proves you have the legal right to deal with the estate. Banks, building societies, investment companies and the Land Registry usually ask to see it before they will release money, close accounts or let you sell or transfer a property.

If the person left a will, the executors named in it apply. If there's no will, or no executor can act, the closest relatives apply in an order set by law.

When you usually need probate

You usually need a grant if the person who died:

• owned a house or flat in their sole name, or as a "tenant in common" with someone else
• had money in a bank or building society above that bank's own limit for releasing funds without a grant
• held shares, investments or premium bonds of any size, depending on the provider's rules
• owned land, a business or property abroad that needs to be dealt with

When you may not need it

You may not need a grant if:

• everything was owned jointly as "joint tenants", such as a joint bank account or a home owned this way. It passes straight to the surviving owner.
• the only money is in accounts below each bank's own limit. Ask each bank what its limit is.
• the money passes outside the estate, such as a pension or life insurance policy paid to a named person or held in trust. But from April 2027, most pensions will count towards the estate for inheritance tax (see below).

Even when no grant is needed, someone still has to collect in the money, pay any debts and share out what's left. And if any one asset needs a grant, you'll usually need it for the whole estate.

Inheritance tax comes first

Before you can apply, you must value the estate and work out whether inheritance tax is due. For most estates, the figures go in the probate application itself. Larger or more complicated estates need a full inheritance tax account (form IHT400) sent to HMRC first. HMRC then sends you a code, usually within 20 working days, and you need it before you can apply for the grant.

Inheritance tax is usually only due if the estate is worth more than £325,000. That allowance can rise by up to £175,000 if the home goes to children or grandchildren, and anything left to a husband, wife or civil partner is normally tax-free. Any unused allowance can usually pass to a surviving spouse. The tax is due by the end of the sixth month after the death, and some of it usually has to be paid before the grant is issued.

Pensions are changing. For deaths on or after 6 April 2027, most unused pension funds and pension death benefits count towards the estate's value for inheritance tax, even though they're paid outside the will. The executors or administrators are responsible for reporting them and paying any tax due. Pensions left to a husband, wife or civil partner stay tax-free, and death in service benefits aren't included. GOV.UK has the current rules.

How long it takes

There are three stages, and they add up:

1. Valuing the estate. Writing to banks, pension providers and others, and getting a property valued. This often takes 1 to 3 months, depending on how quickly they reply.
2. Getting the grant. The Probate Registry publishes its current processing times on GOV.UK. Applications with missing documents or questions take longer.
3. Dealing with the estate. Collecting the money, selling or transferring property, paying debts and tax, preparing the estate accounts and paying the beneficiaries.

A straightforward estate usually takes 6 to 12 months from start to finish. Many executors also wait six months from the grant before paying out the whole estate, because that is the time limit for most claims under the Inheritance (Provision for Family and Dependants) Act 1975.

What it costs

Three kinds of cost are paid from the estate:

• The court fee for the probate application. It's charged on estates worth more than £5,000. Check the current figure on GOV.UK.
• Other fees, such as a property valuation and a notice in The Gazette. The notice protects executors from debts they didn't know about.
• Professional fees, if you use a solicitor. Some firms charge by the hour and some charge a percentage of the estate. Ask for the fee in writing before work starts, and check what it includes.

Our own fees for estate administration, including fixed fees, are on our probate page and our fees page.

Doing it yourself, or using a solicitor

Plenty of executors deal with simple estates themselves. A solicitor is worth considering if:

• there's a property to sell or transfer
• inheritance tax is due, or the estate is close to the threshold
• there's no will, or the will is unclear
• family members disagree, or someone may make a claim
• there are assets abroad, a business, or more debts than money
• you don't have the time, or the energy, to deal with it while you're grieving

Executors are personally responsible for getting it right. If you pay out the estate and a debt or tax bill turns up later, you could have to pay it yourself. A solicitor takes on that work and makes sure each step is done in the right order.