Do I need probate?

Probate is the legal right to deal with someone’s money, property and possessions (their estate) after they die. Whether you need it depends on what the person owned and how they owned it. This guide explains when a grant is needed, how the process differs in Scotland and Northern Ireland, and the basic steps to apply.

Key points

• Probate is needed when banks, building societies, share registrars or the Land Registry won’t release or transfer assets without a grant.
• You may not need it if everything was jointly owned or the amounts are small. Each organisation sets its own limit.
• England and Wales: the fee is £526 for estates over £5,000 (from 13 July 2026). It is free for estates of £5,000 or less.
• Scotland calls it confirmation. For small estates (£36,000 or less), the sheriff clerk can help you apply without a solicitor.
• Northern Ireland has its own Probate Office, and a grant is almost always needed for about £20,000 or more in any one account.
• Don’t sell property or share out money until you have the grant.

Do you need probate? A quick check

You may not need probate if the person:

• only had modest savings, and each bank agrees to release them without a grant
• owned money or shares jointly with someone else, which normally pass automatically to the survivor
• owned their home as joint tenants, which means it passes automatically to the surviving owner
• had everything in a trust, or had life insurance or pension death benefits paid directly to a named beneficiary

You will probably need probate if the person:

• owned a house or land in their sole name, or as tenants in common
• had larger amounts in bank accounts, stocks and shares, or certain insurance policies
• had assets where the organisation insists on seeing a grant

The only way to be sure is to contact each organisation and ask what it needs. Every bank has its own threshold. For an estate in England or Wales, SwiftWill’s free probate checker asks three quick questions to show whether you’re likely to need a grant.

At a glance: the three systems

England and Wales

Who can apply. If there’s a will, the executors named in it apply, and up to 4 can be named on the application. If there’s no will, the closest living relative applies to be the administrator. This is usually the husband, wife or civil partner (even if separated), then children aged 18 or over. An unmarried partner cannot apply. If you’ve been named as an executor, this executor checklist sets out every task in order, from finding the will to sharing out the estate.

Before you apply:

1. Find the original will. You must send it with the application, and it becomes a public record.
2. Value the estate: everything the person owned at the date of death, minus debts and funeral costs.
3. Check whether Inheritance Tax is due. There’s normally none to pay if the estate is below £325,000 or everything goes to a spouse, civil partner or charity. The threshold can rise to £500,000 when a home passes to children or grandchildren, and any unused threshold can pass to a surviving spouse.
4. If the estate isn’t an “excepted estate”, send form IHT400 to HMRC, pay any tax due, and wait for HMRC’s code before applying.

Applying. Apply online or by post (form PA1P with a will, or PA1A without one). You’ll usually get the grant within 12 weeks. Extra copies cost £2 each if you order them with the application, and £16 each if you order them later. Help with fees is available on a low income. Inheritance Tax must usually be paid by the end of the sixth month after the death, or interest is charged.

Scotland: confirmation

In Scotland, executors apply to the sheriff court for confirmation, which gives them authority to collect the estate.

• Executor-nominate: named in the will.
• Executor-dative: appointed by the court when there’s no will, or no executor able to act. For larger estates, get legal advice.
• Small estates (a gross value of £36,000 or less, before deducting debts or funeral costs): contact the sheriff clerk’s office where the person lived. They will help you prepare the inventory (form C1) free of charge, and you don’t need a solicitor.
• Larger estates: the court can’t help with the paperwork, and most people use a solicitor.

Court fees, from 1 April 2026: no fee for estates up to £50,000, £351 over £50,000 up to £250,000, and £705 over £250,000.

Northern Ireland

Apply to the Probate Office of the High Court, online or on paper. You must be 18 or over. nidirect says a grant is almost always needed if the person had:

• around £20,000 or more in any one account
• stocks or shares
• certain insurance policies
• property or land in their own name or as tenants in common

You may not need one if the person left less than £20,000, or owned everything jointly so that it passes automatically. There is a court fee, based on the net value of the estate, when assets are worth more than £10,000.

If there’s no will

When someone dies without a valid will (intestate), the law decides who inherits. The closest relative applies for letters of administration (England, Wales and Northern Ireland) or to be appointed executor-dative (Scotland). The rules on who inherits are different in each nation. Get advice if the family situation is complicated, for example with a second marriage, stepchildren or an unmarried partner. For England and Wales, an intestacy flowchart shows step by step who inherits when there’s no will.

Before the grant arrives

• Keep the property secure and tell the home insurer it’s unoccupied.
• Don’t pay beneficiaries or sell assets yet. You could be personally liable if debts or tax turn up later.
• The funeral can often be paid directly from the person’s bank account. See help paying for a funeral.
• Keep records of everything you pay and receive for the estate.

Next steps

• Order enough death certificates. Note that you only need to send one with an England and Wales application if the death was abroad or you have an interim certificate.
• Tell government departments using Tell Us Once
• If your partner died, check Bereavement Support Payment
• Keep track with our when someone dies checklist
• Back to what to do when someone dies