When a family needs probate, and what applying actually costs

A few weeks after the funeral, the kitchen table is covered in envelopes: a building society passbook, a letter about a pension, the deeds to the house and a council tax bill still in a parent’s name. One of the children has been named executor in the will, and the first phone call to the bank ends with the word “probate”. It sounds like something only solicitors handle, but many families in England and Wales apply themselves, directly with the court service. What it involves, and what it costs, changed in July 2026.

What probate is, and what it allows

Probate is the legal right to deal with the property, money and possessions of someone who has died, known as their estate. GOV.UK advises that people should not make financial plans or put a property on the market until they have probate.

This article covers England and Wales. Scotland and Northern Ireland have their own separate procedures and fees.

If there is a will, the executors named in it apply. If there is no will, the application is usually made by the closest living relative, following the rules on GOV.UK.

When probate may not be needed

Not every estate needs probate. Each bank, building society, pension provider and mortgage lender sets its own rules on when it will release money without seeing a grant, so GOV.UK’s first step is to contact them and ask.

GOV.UK also says probate may not be needed where the person only held savings, or where money, shares, land or property were owned jointly and pass automatically to the surviving owner. For land and property, GOV.UK says this applies where it was held as “joint tenants”. Other forms of joint ownership may not work the same way, so it is worth checking exactly how a property was held.

The fee since 13 July 2026

The probate application fee in England and Wales rose from £300 to £526 on 13 July 2026. The change was made by the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026. It was originally due to start on 6 July 2026, and a second order moved the start date back by one week.

The fee applies when the estate is worth more than £5,000. There is no application fee if the estate is £5,000 or less.

Extra copies of the probate document, which are often useful because several organisations may each want one, now cost £2 each when ordered with the application. Ordered afterwards, they cost £16 each. The same order brought in the lower £2 rate for copies ordered at the start, down from £16.

People on a low income or certain benefits may be able to get help paying the application fee through the Help with Fees scheme, using form EX160 or the online service, before they apply. GOV.UK says help is not available for the cost of extra copies.

“Extra copies of the probate document now cost £2 each when ordered with the application, and £16 each if ordered afterwards.”

What the fees add up to in practice

Siobhan is the executor for her father, whose estate includes a house in his sole name and two bank accounts. She expects the bank, the building society, the Land Registry and his pension provider each to ask for a copy. The figures below are invented to show how the fee rules work.

The application fee has risen, and the timing of copy orders now matters more than before, so it helps to count at the start how many organisations will want one.

Inheritance Tax paperwork comes first

Before applying, the executor must estimate the value of the estate and check whether Inheritance Tax is due. GOV.UK says probate cannot be applied for until this has been done. Even when no tax is due, the estimated value is needed as part of the application.

For deaths from 1 January 2022, most estates are “excepted estates”. In that case there is no separate Inheritance Tax form to send to HMRC: the estimated value is reported on the probate application itself. Different rules apply where the person died on or before 31 December 2021.

Where full details are needed, for example because Inheritance Tax is due, they are sent to HMRC on form IHT400. The executor then waits for HMRC to send a unique code (online) or a letter with a code (for paper applications) before applying for probate. Where tax is owed, it normally has to be paid, or at least started, before the grant is issued. Payment is due by the end of the sixth month after the death to avoid interest.

Applying online or by post

GOV.UK asks people to apply online if they can, through the government’s probate service. Paper applications use form PA1P where there is a will and PA1A where there is not. If the application is approved, GOV.UK says the will and any additions to it (codicils) are kept by the probate registry and become a public record.

On timing, GOV.UK says people usually get probate within 12 weeks of submitting the application, that it can take longer if more information is needed, and that paper applications take longer than online ones.

The application is made directly with HM Courts & Tribunals Service, and the only official charges are the court fees above. Executors who receive unexpected calls or emails asking them to pay an estate’s money into a new account should check with the bank directly. Our guide on what happens if a scammer talks you into a bank transfer sets out the current protections.

In short

Probate is often needed where a person owned property or larger balances in their sole name, and may not be needed where everything passed to a joint owner. Since 13 July 2026 the application fee for estates over £5,000 is £526, with no fee for estates of £5,000 or less, and copies cost £2 each if ordered with the application. The Inheritance Tax step always comes first. Where a house is sold after probate, our article on when selling a home can bring a Capital Gains Tax bill covers the rules that may apply.

This is private, sponsored general information from B.B.R. Finance OÜ on thepowertodomore.com. It is not a communication from the Department for Work and Pensions (DWP), the Pension Service or HM Revenue & Customs (HMRC), and this website is not affiliated with them or with any other government body. It is not personal financial, tax or legal advice. Amounts and examples are illustrations, not a promise of any payment, refund or saving; they were checked on 28 October 2026 against the official sources listed and can change. This website takes no applications, arranges no products and charges no fees. Never give your National Insurance number, bank details or Government Gateway / GOV.UK One Login credentials to a website because you have read an article. For your own State Pension, tax or benefits, use the official services on GOV.UK.