Probate

Probate is the legal right to deal with someone’s money, property and belongings (their estate) after they die. In England and Wales the executor applies for a grant of probate, or a relative applies for letters of administration if there is no will. It may not be needed for a small estate or for things held jointly, and Scotland and Northern Ireland have different rules.

When you will need it

Probate is what a bank, a building society or the Land Registry asks to see before it releases money or lets a house be sold or transferred. It is often not needed when the estate is small and holds only cash and personal belongings, or when everything was owned jointly, such as a joint bank account or a home held as beneficial joint tenants. Each organisation sets its own limit, so ask each one what it needs. Until probate is granted, do not make plans with the money or put a property on the market.

Who applies

Where there is a will, the executor named in it applies for a grant of probate. Where there is none, the closest relative applies for letters of administration and becomes the administrator. Both documents come from HMCTS Probate and give the same authority.

What it costs and how long it takes

At the time of writing, an estate worth under £5,000 pays no fee. From £5,000 upwards the fee is £526, and every extra copy of the grant is £16. Applying online usually takes up to 4 weeks; a paper application can take up to 15 weeks. If the estate has to be reported to HMRC for Inheritance Tax, wait 20 working days after reporting before you apply.