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Do You Need Probate In England & Wales?
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Already applied for probate?
If you want to check whether a Grant of Probate or Letters of Administration has already been issued on an estate, you can search the official probate records free of charge at probatesearch.service.gov.uk. This is the official Government service for searching probate records in England and Wales.
What is probate, and why does it matter?
Probate is the legal process of administering someone’s estate after they pass away. It gives the executor the legal authority to access bank accounts, sell property, pay debts, and distribute assets to beneficiaries.
Grant of Probate
If there is a Will, the executor applies to the Probate Registry for a Grant of Probate. This is the official document that proves they have the legal authority to administer the estate.
Letters of Administration
If there is no Will (dying intestate), the next of kin applies for Letters of Administration instead. The process is similar but the rules about who inherits are set by law, not by the deceased's wishes.
How long does probate take?
A straightforward probate application typically takes 4 to 8 weeks to receive the Grant once submitted. The full administration of the estate, including selling property and distributing assets, usually takes 6 to 12 months. Discover more about the timescales for probate.
How much does probate cost?
The Probate Registry application fee is £300 for estates over £5,000. Solicitor fees vary widely and can reach £2,000 to £5,000 or more. Our DIY Probate Portal gives you the same outcome for £39.99.
When is probate required?
When do you need probate - and when do you not?
Sole-owned property - Almost always requires probate before it can be sold or transferred, regardless of value.
Bank accounts above the bank's threshold - Most high-street banks require a Grant before releasing funds above their individual limit. For many banks this is above £5000 if accounts aren't jointly owned.
Stocks and shares in a sole name - Investment accounts held individually typically require probate to transfer.
No Will (intestacy) - Instead of probate the closest living relative will have to apply for 'Letters of Administration' to give them the legal authority to act.
Jointly owned assets as joint tenants - Property and accounts held as joint tenants pass automatically to the surviving owner without probate.
Very small estates - Some institutions release funds under £5,000 on production of a death certificate alone, without requiring a Grant.
Assets with a named beneficiary - Life insurance and pension death benefits typically pass outside the estate directly to the named person.
Assets held in trust - Trust assets do not form part of the estate and are distributed according to the trust deed.
Bank Thresholds
How much money can you have in a bank before probate is required?
There is no single legal figure. Each bank sets its own threshold above which they will ask for a Grant of Probate before releasing funds. The table below shows approximate thresholds for major UK banks. Always confirm directly with the relevant institution as these change without public notice. Click the name of the bank / Institute for specific details.
| Bank / Institute | Approximate Threshold | Notes |
|---|---|---|
Up to £50,000 | May release without Grant below this — confirm with branch | |
Up to £50,000 | Decision made on a case-by-case basis | |
Up to £50,000 | Typically done on a case-by-case basis and they’ll inform you in their condolence letter | |
Up to £50,000 | Confirm threshold at point of notification | |
Up to £50,000 | For balances above £50,000 Grant of Representation together with a closure form signed by the Personal Representative is required. | |
Up to £50,000 | Account with lower will not require probate. However if the deceased had a mortgage in their sole name or set up as tenants in common probate will be needed | |
NS&I (Premium Bonds, ISAs) | Up to £5,000 | Stricter than high-street banks — Grant usually required above this |
* Thresholds are approximate and subject to change. Always contact the institution directly at the point of bereavement notification for their current requirements.
Does having Power of Attorney mean I do not need probate?
This is one of the most common misconceptions we encounter. Power of Attorney ends at the moment of death. Even if you held Lasting Power of Attorney for the deceased during their lifetime, that authority ceases immediately when they pass away. You will still need to apply for a Grant of Probate or Letters of Administration to deal with their estate. The two documents serve entirely different purposes and one does not replace the other.
Not sure where to start? We have an option for every situation
Whether you want to manage probate yourself or hand it over entirely, we have a service to match your needs and your budget.
DIY Probate Portal
Step-by-step guidance, templates, checklists, and downloadable documents. Designed by a probate solicitor so you can handle probate confidently and save thousands.
- £39.00 one off fee
Grant Only
We’ll apply for grant of probate for you, so you can deal with the rest of the process. This gives you a little breathing space so that you can mange the rest of the estate once Probate has been granted.
- Fixed Fee based on quote
Full Administration
Hand the entire process to our expert team. We handle every aspect of the probate and estate administration so you can focus on what matters.
- Fixed Fee based on quote
Everything you need to know about probate
Our guides are written in plain English by people who understand both the legal process and the emotional reality of dealing with a bereavement.
How Much Does Probate Cost If You Do It Yourself (2026)
The probate application fee is £300 – but that is just the start. Jane Morris-Rowlinson, probate solicitor, breaks down every cost of DIY probate in 2026 and shows you a better way.
How Long Does Probate Take? Timelines & Stages for 2026
Wondering how long probate takes in 2026? Get a clear breakdown from the experts: timelines, delays and your options for handling probate.
How to do Probate Yourself in the UK
If you’re wondering how to do probate yourself in the UK, you’re not alone. Many executors assume they need a solicitor to handle everything. In
Frequently asked questions about probate
The answers below apply to estates in England and Wales only. Scottish probate (known as Confirmation) follows a different process.
Do I need probate?
Whether you need probate depends on the type and value of assets the deceased owned, not on whether they left a Will. Probate is usually required if they owned property in their sole name, or held bank accounts, savings, or investments above the threshold of the relevant financial institution — typically between £5,000 and £50,000.
Use our free Probate Checker above to find out whether probate is needed in your specific situation, or call us on 01858 451 042 for a free conversation.
Do I always need a solicitor for probate?
No. In England and Wales, you are entirely entitled to apply for probate as a personal applicant. Solicitors are not required for straightforward estates. Where an estate involves disputed assets, complex trusts, foreign property, or Inheritance Tax complications, professional advice is sensible. For most standard estates, our DIY Probate Portal provides everything you need to do this yourself.
What happens if there is no will?
If someone dies without a Will (known as dying intestate), the estate is distributed according to the Rules of Intestacy. The next of kin usually applies for Letters of Administration rather than a Grant of Probate. The process is broadly similar, but who can apply and who inherits is determined by law rather than the deceased’s wishes. This is one of many reasons why having a valid Will in place is so important.
Under what circumstances do you not need probate?
You may not need probate if the estate is worth less than £5,000 in total; all assets were held jointly with a surviving owner as joint tenants; assets pass directly to a named beneficiary outside the estate, such as life insurance or pension death benefits; or the deceased held only small bank balances below the relevant institution’s threshold.
Each financial institution sets its own limit, so it is always worth contacting them directly at the point of bereavement notification to confirm their current requirements.
How much money can you have in a bank before probate is required?
There is no single legal figure. Most high-street banks in England and Wales set their threshold somewhere between £5,000 and £50,000. Below their threshold, they may release funds on production of a death certificate alone. Above it, they will require a Grant of Probate or Letters of Administration before releasing any funds.
See the bank threshold table above for approximate figures for major banks. Always confirm with the relevant institution as thresholds change without public notice.
Does having Power of Attorney mean I do not need probate?
No. Power of Attorney ends at the point of death. Even if you held Lasting Power of Attorney for the deceased during their lifetime, that authority ceases immediately when they pass away. You will still need to apply for a Grant of Probate or Letters of Administration to deal with their estate. The two documents serve completely different purposes and one does not replace the other.
How long does it take to get probate?
Once submitted, a Grant of Probate typically takes 8 to 16 weeks to be issued by HMCTS. Digital applications via MyHMCTS are generally processed faster than paper applications, which can take considerably longer. The full administration of the estate, including selling property and distributing assets to beneficiaries, usually takes 6 to 12 months for a straightforward estate.
Read our full guide: How Long Does Probate Take? Timelines and Stages for 2026.
How much does it cost to apply for probate?
The application fee payable to HMCTS is £300 for estates valued over £5,000 in England and Wales. There is no fee for estates worth £5,000 or less. Additional sealed copies of the Grant cost £16 each and you will typically need several copies to send to banks, Land Registry, and other institutions.
These fees are paid from the estate itself, not from your own funds. Read our full guide: How Much Does Probate Cost If You Do It Yourself?
Still not sure where you stand?
Our team is here to help with probate across England and Wales. Call us for a free, no-obligation conversation and we will tell you exactly what you need.
