Probate in England & Wales
In England & Wales, probate is the court process that confirms who has legal authority to deal with a deceased person's estate. An executor named in a valid will applies to HM Courts & Tribunals Service for a grant of probate; where there is no valid will, the closest entitled relative applies for letters of administration. Inheritance Tax must be reported to HMRC first where the estate is not excepted. Scotland (confirmation) and Northern Ireland run separate systems.
Jurisdiction: England & Wales. Last reviewed 29 August 2026.
In this section
Which law applies
The law that governs an estate follows where the deceased was domiciled and where the assets sit, not where the executor lives. An estate is dealt with in England & Wales where the deceased was domiciled here, or where English or Welsh assets — most often a property — need a grant to be released or sold. Executors living abroad can and regularly do apply to the English registry.
One system, two countries
England and Wales share a single probate system, a single set of forms and a single registry service. Welsh-language forms and correspondence are available on request.When a grant is needed
| Asset | Grant usually needed? |
|---|---|
| Property owned in the deceased's sole name | Yes |
| Property held as joint tenants | No — it passes by survivorship |
| Bank account above the bank's own threshold | Yes |
| Bank account below the threshold (often £5,000–£50,000) | Often not — each bank sets its own limit |
| Shares held directly with a registrar | Usually yes |
| Life policy written in trust | No — it pays out to the trustees |
The sequence in England & Wales
- Register the death and order certified copies of the death certificate.
- Locate the original will and confirm who is entitled to apply.
- Value every asset and liability at the date of death.
- Decide whether the estate is excepted for Inheritance Tax, and report to HMRC where it is not.
- Apply to HM Courts & Tribunals Service for the grant and pay the fee of £526 where the estate is above £5,000.
- Send the original will to the registry and answer any requisitions.
- Collect in the assets, settle debts, and distribute against signed estate accounts.
What it costs here
The HMCTS application fee is £526 for estates above £5,000, with no fee at or below that figure. Sealed copies of the grant cost £2 each when ordered with the application. Those fees are identical whether a solicitor applies or you apply personally — a solicitor's charges sit entirely on top. Our guided self-help package is £349, paid once.
How long it takes
Where the estate is excepted for Inheritance Tax and the paperwork is complete, a grant commonly issues within eight to sixteen weeks. Where a full Inheritance Tax account is required, HMRC's processing time comes first. Most long delays are caused by requisitions — the registry asking for something that was missing or inconsistent in the original application.
Where England & Wales differs
| England & Wales | Scotland | Northern Ireland | |
|---|---|---|---|
| Name of the grant | Grant of probate / letters of administration | Confirmation | Grant of probate / letters of administration |
| Authority | HMCTS Probate Service | Sheriff Court | NI Courts & Tribunals Service |
| Inventory of assets | Not filed with the application | Full inventory required | Not filed with the application |
| Forced heirship rights | None — testamentary freedom | Legal rights for spouse and children | None |
We cover England & Wales only
Our service is built around the HMCTS forms and English and Welsh succession law. If the estate is dealt with in Scotland or Northern Ireland, we will tell you at the suitability check rather than take a payment.Frequently asked questions
- Is probate the same in England and in Wales?
- Yes. England and Wales are a single legal jurisdiction for probate: the same forms, the same fee of £526, the same registry service. Welsh-language forms and correspondence are available on request.
- Can I apply for probate in England & Wales if I live abroad?
- Yes. An executor's own residence does not matter. What matters is where the deceased was domiciled and where the assets are. Overseas executors apply through the same service, though identity checks and posting the original will need extra time.
- Do I need probate for a small estate in England & Wales?
- Often not. There is no fixed national threshold; each bank and asset holder sets its own limit, commonly somewhere between £5,000 and £50,000. If everything was jointly owned or falls under those limits, a grant may not be needed at all.
- What is the current probate fee in England & Wales?
- The HMCTS application fee is £526 for estates above £5,000, and nothing at or below that value. Extra sealed copies are £2 each when ordered with the application.
- What happens if the deceased owned property in Scotland as well?
- A grant issued in England & Wales can generally be recognised in Scotland for the Scottish assets, but the process depends on where the deceased was domiciled. Cross-border estates are exactly the sort our suitability checker flags for professional advice.
Dealing with a straightforward estate yourself?
Our free probate checker helps you work out whether this estate appears suitable for a self-help route. It asks about jurisdiction, disputes and complexity, takes a few minutes, and needs no account.
£349 one-off service fee if you go ahead. Court fee and any Inheritance Tax are paid separately.
Guides that go deeper
- What to do in the first two weeks after a deathA calm, ordered checklist for the first fortnight after a death in England & Wales: certificates, the funeral, securing property and what can safely wait.
- The probate timeline, month by monthA realistic month-by-month timeline for administering an estate in England & Wales, from registering the death to final distribution.
- Excepted estates: when you don't need a full IHT accountThe excepted estate rules for England & Wales: the three categories, the value limits, and what you report on the probate application instead of an IHT400.
- PA1P: applying for probate where there is a willA section-by-section walkthrough of form PA1P, the documents to send with it, and the mistakes that cause HMCTS to stop an application.
Sources
Continue your probate journey
Apply For Probate Online is an independent self-help service and is not part of HM Courts & Tribunals Service or GOV.UK.