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By Does Your Duck Quack

What is probate? Grant of probate explained in the UK

What is probate? Learn when a grant is needed, how executors deal with an estate and how the process differs across the UK.

Checked: 13 October 2026 · Next review: 13 April 2027 · Applies to: UK, with nation notes
How this guide was prepared

Purpose: rights guidance · Level: detailed

Checked by: Does Your Duck Quack. Sources are linked below; seek professional advice for individual circumstances.

The short answer

What to do first

What is probate? Learn when a grant is needed, how executors deal with an estate and how the process differs across the UK.

Start here: If there is a valid will, it usually names one or more executors. An executor can begin gathering information but may need a grant before a bank, land registry or other institution releases assets. If there is no will, an administrator may need to apply under the rules for the nation. Do not assume the nearest relative automatically has authority to access accounts or sell property. Find the original will and any later document before contacting institutions.

Visual guides

See the decision at a glance

What the grant is called
  1. England and WalesGrant of probate when there is a will; letters of administration may apply otherwise.
  2. ScotlandConfirmation gives the executor authority to administer the estate.
  3. Northern IrelandA separate probate application and fee schedule apply.
  4. Assets may differJoint ownership and institution rules can affect whether a grant is needed.
Administer an estate
  1. 1. Identify authorityFind the will and confirm who can act as executor or administrator.
  2. 2. List assets and debtsRecord ownership, values, liabilities and the documents each institution needs.
  3. 3. Check tax firstUse HMRC guidance to establish any inheritance-tax reporting before applying.
  4. 4. Apply and keep recordsUse the correct nation’s court process; retain the grant, receipts and decisions.

Scope of this guide

This guide helps you understand the options and questions to ask. It is not personal medical, legal or financial advice. Check the official sources for your nation and seek qualified help for high-stakes decisions.

Who this guide is for

Executors, administrators and relatives dealing with a person’s money, property and paperwork after a death.

Probate is the legal authority that may be needed to collect and distribute someone’s estate after death; the name and process differ across the UK. In England and Wales, the document is commonly a grant of probate when there is a will, or letters of administration when there is not. Scotland uses confirmation, and Northern Ireland has its own probate process. A grant does not itself settle every tax or debt: the person administering the estate must identify assets, follow the will or intestacy rules and keep clear records.

What to prepare and ask for

1. Find out who has authority

If there is a valid will, it usually names one or more executors. An executor can begin gathering information but may need a grant before a bank, land registry or other institution releases assets. If there is no will, an administrator may need to apply under the rules for the nation. Do not assume the nearest relative automatically has authority to access accounts or sell property. Find the original will and any later document before contacting institutions.

2. List assets and debts

Make a careful record of bank and building-society accounts, savings, investments, property, possessions, pensions, insurance and money owed. Record debts, bills and funeral expenses too. Ask each organisation what evidence it needs and whether it can release a small balance without a grant; policies differ, so there is no one universal threshold. Check whether assets were jointly owned and pass automatically to another person. Keep dates, valuations and letters because they may be needed for tax forms and the application.

3. Check tax reporting before applying

The executor or administrator must establish whether Inheritance Tax forms or payment are required before a grant can be issued. The details depend on the estate, gifts, exemptions and reliefs. Use HMRC’s guidance and the related inheritance-tax guide; do not leave an asset out because it is difficult to value. If the estate includes a business, trust, overseas property, disputed will or complex gifts, seek appropriate professional advice before making declarations.

4. Apply using the nation’s process

In England and Wales, eligible applicants can apply online or by post for the relevant grant. GOV.UK lists an application fee of £526 if the estate is worth more than £5,000 and no fee if it is £5,000 or less; help with fees may be available in some circumstances. Scotland calls the authority confirmation. The Scottish Courts and Tribunals Service classifies an estate worth up to £36,000 as a small estate, and says there is no statutory court fee for issuing confirmation in a small estate. Northern Ireland applications go through its probate service and have separate fees.

5. Wait for the grant and answer queries

You'll usually get the grant of probate within 12 weeks of submitting your application, though it can take longer if more information is needed. Check messages from the court and respond promptly. Timescales in Scotland and Northern Ireland vary according to the application and court workload; do not use the England and Wales estimate as a promise for another nation. Keep the estate account separate from personal money and avoid distributing funds until debts, tax and claims have been considered.

6. Pay liabilities and distribute carefully

Once authority is confirmed, collect assets, settle valid debts and taxes, and distribute what remains in accordance with the will or legal rules. Keep an inventory, receipts, statements and a record of decisions. If beneficiaries disagree, a will is unclear or someone alleges that a person lacked capacity when it was made, pause before distributing disputed property and seek legal advice. The related wills and executor guide explains document storage and the executor’s role.

7. Ask for help when the estate is difficult

A straightforward estate may be manageable without paid representation, but legal or tax advice can help where property is abroad, there is no will, the estate is insolvent, a trust is involved or beneficiaries dispute the process. MoneyHelper provides general information about probate practitioners and dealing with an estate. Ask what work and fees are included before instructing anyone. This guide is general information, not personal legal or tax advice.

Evidence and questions

Common questions

What is probate in simple terms?

Probate is the legal process that gives an executor authority to deal with a person’s estate. It may be needed before assets in the deceased’s sole name can be transferred or sold. Scotland uses the term confirmation, and Northern Ireland has a separate process. A grant is not always required: ask each bank or institution what evidence it needs and keep a record of its answer.

How much does probate cost in England and Wales?

GOV.UK currently lists a £526 application fee when the estate is worth more than £5,000, and no application fee when it is £5,000 or less. There may be extra costs for copies or professional help, and some applicants may qualify for help with fees. This amount is for the England and Wales application; Scotland and Northern Ireland use different fee arrangements.

How long does a grant of probate take?

You'll usually get the grant of probate within 12 weeks of submitting your application, though it can take longer if more information is needed. This is not a guarantee and should not be assumed for Scotland or Northern Ireland. Missing documents, tax checks, disputes and complex assets can delay the process. Keep the court’s reference and respond promptly to requests.

Do all estates need probate or confirmation?

No. Whether a grant is needed depends on the assets, how they were owned and the institution holding them. Some organisations may release a small balance without a grant, while sole-name property or investments may require one. Joint assets may pass by survivorship, but the ownership documents matter. Ask each organisation and do not assume there is a single UK-wide balance threshold.

What is the Scottish equivalent of probate?

Scotland uses confirmation, which gives the executor authority to administer the estate. The Scottish Courts and Tribunals Service describes a small estate as one worth up to £36,000 and says there is no statutory court fee for issuing confirmation for a small estate, though copy fees can apply. Larger or complicated estates use different steps, so follow the Scottish court guidance.

Before you act

Write down the outcome you want, the names and dates involved, and the evidence or documents you already have. Ask for important decisions, costs and next steps in writing. If information is unclear, ask which nation’s rules are being used and when the decision will be reviewed.

If there is a delay or disagreement

Keep a short factual record of calls, letters and missed actions. Ask for the responsible person, the written reasons, the complaints or review route and any deadline. Immediate health or safety risks should be escalated separately rather than waiting for a routine complaint.

Differences across the UK

England and Wales use grants of probate or letters of administration. Scotland uses confirmation, with a small-estate procedure for estates up to £36,000 and different court arrangements. Northern Ireland has its own Probate Office, forms and fee schedule. Inheritance Tax is a UK tax, but succession and court procedures differ. Use the court or government service for the nation where the deceased was domiciled and the assets are handled.

Primary sources

The publisher checked this guide against the 9 official sources below. This is an editorial source check, not approval by a clinician, lawyer or benefits adviser.

Editorial note: By Does Your Duck Quack.