Probate in England and Wales: when it is needed and what it costs
Published · 3 min read · Figures checked . UK rules and rates change, so check the official sources below before you act.
Probate is the legal right to deal with the money, property and possessions of someone who has died. This guide explains when it may be needed, who can apply, the application fees and how Inheritance Tax fits in.
Who this guide is for
This guide is general information for people dealing with the estate of someone who has died, where probate is applied for in England and Wales. It does not cover Scotland or Northern Ireland, which have different probate rules. It is not advice for your own situation, and it does not cover the law on wills in detail.
The figures below were checked on GOV.UK on 13 October 2026, during the 2026/27 tax year.
What probate is
GOV.UK describes probate as the legal right to deal with a person's property, money and possessions after they die. It says people are advised not to make financial plans, or put property on the market, until probate is granted.
When it may not be needed
Probate is not always required. GOV.UK says you may not need it if the person who died only had savings, or if shares, money or property were owned jointly and pass automatically to the surviving owners. Each bank or other financial organisation has its own rules, so many people ask each one what it needs.
Who can apply
- If there is a will, the executors named in it can apply.
- If there is no will, the closest living relative can apply.
What is involved in applying
GOV.UK says that before applying, you check whether Inheritance Tax is payable and work out the value of the estate. Even if no tax is due, you need an estimate of the value for the application. You can apply online or by post.
If the estate owes Inheritance Tax, GOV.UK says its value must be reported within one year using form IHT400, and you cannot apply for probate until that is done. You will normally need to start paying the Inheritance Tax before probate is granted.
The fees in more detail
- The £526 fee applies to estates over £5,000, and GOV.UK says the full fee is paid when you apply online.
- Extra copies of the probate document cost £2 each if requested when you apply, and £16 each if requested after you have applied.
- A second application, when probate has already been granted, costs £22 even if the estate is £5,000 or less.
- People on a low income or on certain benefits may get help with the fee, using form EX160 or online before applying. Help is not available for the cost of copies.
How Inheritance Tax fits in
GOV.UK gives the Inheritance Tax threshold as £325,000. Normally no tax is due if the estate is below it, or if anything above it goes to a spouse, civil partner, charity or community amateur sports club. The threshold can rise to £500,000 if a home is passed to children or grandchildren, and an unused threshold can be added to a surviving partner's threshold. An estate may still need to be reported to HMRC even when no tax is due.
If someone disagrees
GOV.UK says a person can challenge a probate application before it is granted by entering a caveat, for example where there is a dispute about who can apply or whether a will exists.
Differences across the UK
Scotland and Northern Ireland have different probate rules, and the GOV.UK page points to the Scottish courts website and NI Direct for details. The fees in this guide are not for those countries.
Check before you act
Rules and fees change. It is worth confirming the details on the official pages linked below. Free help is available from MoneyHelper and Citizens Advice, and the Tell Us Once service can report a death to several government departments at once.
Sources
For information only. See our disclaimer and editorial standards. Spotted an error? Tell us.
