What is probate?

People use the word in two ways. Strictly, probate is the legal right described above. In everyday speech it also means the whole process of sorting out someone's affairs. This guide is about the first meaning, and the executor's guide covers the wider job.

What a grant of probate does

The grant is an official document that proves you have the right to deal with the estate. You send copies to banks, pension companies and anyone else holding the person's assets, and they release the money to you. You'll also need it to sell or transfer a house that was in the person's sole name.

GOV.UK warns that you should not make any financial plans or put property on the market until you have probate.

The grant has different names depending on the circumstances:

"Grant of representation" is the general term that covers all three.

Do you need probate?

Often yes, but not always. GOV.UK says you may not need probate if the person:

• only had savings
• owned shares or money with others, which automatically pass to the surviving owners unless they agreed otherwise
• owned land or property as joint tenants, which automatically passes to the surviving owners

In practice, it comes down to what each organisation will accept. Every bank and insurer sets its own limit for releasing money without a grant, so contact each one and ask. You can also check whether a grant has already been issued by searching the probate records.

Who can apply

If there's a will, the executors named in it can apply. Up to 4 can be named on the application, and they must all agree who is applying. The original will has to be sent in, as photocopies aren't accepted, and it becomes a public record.

If there's no will, the closest living relative can apply. The intestacy rules decide who inherits, which is a separate question from who applies. Our guide to personal chattels explains how that works for belongings.

If you've been named as an executor and don't want to do it, you can give up the right to apply or hold what's called power reserved, which keeps your right to apply later.

How to apply

1. 1Check whether probate is needed.
2. 2Value the estate, including the contents of the house.
3. 3Work out whether there's Inheritance Tax to pay. You need the estimated value for your application even if there's no tax.
4. 4If tax is due, send form IHT400 and wait for HMRC. You can't apply until you've done this.
5. 5Apply online or by post.
6. 6Send the original will and any supporting documents.
7. 7Wait for the grant.

Most people now apply online. Court figures for April to June 2026 show 92% of probate applications were made digitally, and 44% of all grants issued were personal applications, made without a legal professional.

What it costs

These are the fees on GOV.UK. You can get help if you have a low income or receive certain benefits. Solicitors and probate specialists charge separately for their time. The fee can be paid from the estate once funds are available, so keep a record if you pay it yourself first.

Do you need a solicitor?

You don't have to use one. With a clear will, a modest number of accounts and no disputes, you can often manage a straightforward estate alone. It's worth getting help if the estate may not cover its debts, there's a dispute, a business or property abroad is involved, or someone is contesting the will.

If there's a dispute about who can apply or whether a will is valid, someone can enter a caveat to stop a grant being issued while it's sorted out.

Scotland and Northern Ireland

Both have their own rules. Scotland uses a process called confirmation, and Northern Ireland has its own probate office. The practical work of finding and valuing what someone owned is similar.

Common questions

How long does probate take?

Court figures for April to June 2026 show probate grants took about 5 weeks on average from application, though GOV.UK says to allow up to 12 weeks. You also need time beforehand to value the estate. Our guide to how long probate takes has the detail.

Is probate needed if there is a will?

Not automatically. Whether or not there's a will doesn't settle the question. It depends on what the person owned and how they owned it, and on what the organisations holding it will accept.

Does probate apply if the house was jointly owned?

If the house was owned as joint tenants, it passes automatically to the surviving owner and you usually won't need probate for that property. If it was owned as tenants in common, the person's share is part of their estate.

Can you sell a house before probate is granted?

You can't complete a sale until you have the grant, and GOV.UK advises against putting property on the market before then.

Sources

• GOV.UK: Applying for probate
• GOV.UK: Probate if there's a will
• GOV.UK: Probate fees
• GOV.UK: Search for a will or probate record
• GOV.UK: Who inherits if someone dies without a will
• GOV.UK: How to value an estate for Inheritance Tax
• Ministry of Justice: Family Court Statistics Quarterly, April to June 2026

This guide is general information for people in England and Wales. The rules in Scotland and Northern Ireland can differ. It isn't legal, tax or financial advice, and Sortwell isn't a law firm or a valuer. If an estate is complicated or there's a disagreement, talk to a solicitor. Figures were checked on the date above.