How do I apply for probate?
For people dealing with someone's property, money and possessions after they die.
Applies to: England, Wales Last checked against official sources: 30 September 2026
Probate is the legal right to deal with someone's property, money and possessions after they die. Before applying, check:
- that probate is needed (ask their bank and other organisations)
- that you're eligible: named executors if there's a will, or the closest relative if not
- whether there's Inheritance Tax to pay
Then apply online or by post. Scotland and Northern Ireland have different rules.
Different in Scotland, Wales or Northern Ireland
Rules may be different in:
- Scotland: Check mygov.scot for Scotland
- Northern Ireland: Check nidirect for Northern Ireland
Key facts
- Check if it's needed
- Value the estate first
- Apply online or by post
What probate gives you
When someone dies, the things they owned (money, property and possessions) are called their "estate". Probate is the legal right to deal with the estate. Until you have it, you should not make financial plans or put their home on the market.
The document you get depends on whether there is a will.
| Situation | Document you get | Who can apply |
|---|---|---|
| There is a will and it names an executor | Grant of probate | The executors named in the will |
| There is a will but no executor can apply | Letters of administration with will annexed | Another "entitled" person, such as someone who inherits under the will |
| There is no will | Letters of administration | The closest living relative, aged 18 or over |
If there is no will, the order is: husband, wife or civil partner first, then children aged 18 or over, then other relatives. An unmarried partner who was not in a civil partnership cannot apply.
Do I need probate?
You may not need it. It depends on what the person owned and how.
You might not need probate if the person:
- only had savings (the bank may release them without it)
- owned money or shares jointly with someone, as these usually pass straight to the other owner
- owned land or property as "joint tenants", as this passes straight to the other owner
Every bank, building society and pension provider has its own rules. Contact each one the person used, and ask whether they need to see probate.
How much it costs
| Fee | Cost |
|---|---|
| Estate worth £5,000 or less | No fee |
| Estate worth over £5,000 | £526 |
| Extra copies ordered when you apply | £2 each |
| Extra copies ordered later | £16 each |
| Second application after probate already granted | £22 |
If you are on a low income or certain benefits, you may get help with fees. Apply online or use form EX160 before you apply for probate. If you apply for probate online, you pay the full fee first and get a refund if help is approved. Help does not cover extra copies.
How to apply
- Check whether probate is needed.
- Value the estate and check if there is Inheritance Tax to pay.
- Apply online or by post.
- Send the original will (if there is one). It becomes a public record and is kept by the probate registry.
You will usually get the grant within 12 weeks. It can take longer if more information is needed. If you applied online, you can track progress in the probate service.
After you get it
Send copies of the grant to each organisation holding the person's money or property. You can then collect the assets, pay any debts and share out what is left.
If you live in Scotland or Northern Ireland
These rules are for England and Wales. Scotland has its own process for dealing with an estate, run through the Scottish courts. In Northern Ireland, probate is handled by the NICTS Probate Office.
Related guides
- What do I need to do when someone dies?
- Who inherits if someone dies without a will?
- How does Inheritance Tax work?
- How do I register a death?
- How do I get a copy of a death certificate?
Where this comes from
Get it done
This takes you to the official service, which is free to use.
Apply for probateCommon questions
When might I not need probate?
If the person only had savings, or owned money or property jointly as joint tenants.
Should I sell the house now?
Don't put property on the market until you have probate.
Source: Applying for probate
Checked against GOV.UK on 30 September 2026
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