What is probate and when is it needed?

Probate is the legal process of administering a deceased person's estate. A Grant of Probate (if there is a will) or Letters of Administration (if there is no will) gives the executor or administrator legal authority to access the deceased's assets, pay debts, and distribute the estate. Probate is usually required when the estate includes property, or when banks and financial institutions hold assets above their individual thresholds (typically GBP 5,000-50,000).

How much does probate cost in the UK?

The probate court fee is GBP 300 (estates over GBP 5,000) plus GBP 1.50 per extra copy of the grant. Professional fees vary significantly: solicitors typically charge 1-5% of the estate value, or GBP 2,000-5,000+ for straightforward cases. Online probate services charge GBP 500-1,500 for guided DIY. For a GBP 1,000,000 estate, total costs might range from GBP 800 (DIY) to GBP 15,000+ (full solicitor service).

How long does probate take?

The Grant of Probate typically takes 8-12 weeks from application. Full estate administration (collecting assets, paying debts, distributing) takes 6-12 months for straightforward estates and can exceed 2 years for complex cases. HMRC has up to 35 days to process the IHT return. Common delays include: property sales, disputed wills, missing documentation, foreign assets, and business valuations.

Can I do probate myself without a solicitor?

Yes. DIY probate is straightforward for simple estates (one property, standard bank accounts, clear will, no disputes). The government's online probate application service handles most cases. However, professional help is advisable when: the estate is complex, there are business assets, the estate is above the IHT threshold, there are foreign assets, the will is contested, or there are trusts involved.

What is a Deed of Variation and when should beneficiaries consider one?

A Deed of Variation allows beneficiaries to redirect inherited assets within two years of death, as if the deceased had made the change themselves. Common uses: redirecting assets to reduce IHT (e.g., to a surviving spouse or charity), passing assets to grandchildren, or funding a trust. All beneficiaries who would be affected must agree. The variation must be in writing and must state that it is intended to take effect for IHT purposes under s.142 IHTA 1984.

What happens if someone dies without a will?

When someone dies intestate (without a will), the Intestacy Rules determine who inherits. In England and Wales: the surviving spouse/civil partner receives the first GBP 322,000 plus personal belongings, and half the remainder. The other half goes to children equally. If there is no spouse, everything goes to children. If there are no children, the estate passes through a prescribed order: parents, siblings, grandparents, aunts/uncles. Unmarried partners receive nothing under intestacy rules.

How do executors handle the deceased's debts?

Executors must pay all debts before distributing the estate. This includes: outstanding mortgages, credit cards, loans, utility bills, and any IHT due. Executors should place a statutory notice in The Gazette and local newspapers (Section 27 Trustee Act 1925) to protect themselves against unknown creditors. If the estate cannot cover all debts, it is insolvent and must be administered according to insolvency rules, with funeral expenses and administration costs taking priority.

What is the executor's personal liability?

Executors are personally liable for mistakes in estate administration. This includes: distributing assets before paying known debts, failing to place statutory notices, incorrect IHT calculations, and distributing to the wrong beneficiaries. Professional indemnity insurance is available and advisable for large or complex estates. Executors are entitled to be reimbursed for expenses from the estate but are not automatically entitled to payment for their time unless the will provides for it.

How does probate work differently in Scotland?

Scotland uses "Confirmation" rather than "Probate." The process is similar but governed by different legislation. Key differences: Scotland has different intestacy rules (Legal Rights give children and spouse fixed shares regardless of the will), the process is handled by the Sheriff Court rather than the Probate Registry, and the terminology differs (executors-nominate vs executors-dative). IHT is a reserved UK matter, so the same rates and thresholds apply across Scotland, England, Wales, and Northern Ireland.

What is the IHT payment timeline during probate?

IHT on non-instalment property (cash, investments) must be paid before the Grant of Probate is issued. This creates a common catch-22: you need probate to access the funds, but you need to pay IHT before probate. Solutions include: the Direct Payment Scheme (banks release funds directly to HMRC), loans against the estate, or selling qualifying assets. IHT on property and certain business assets can be paid in annual instalments over 10 years.

Probate Costs UK 2025/26

What solicitors actually charge for probate. Transparent fee comparisons, timelines, and when to DIY vs hire a professional.

Reviewed by [Reviewer Name], Chartered Accountant (CA)

Updated: February 202510 min read

TLDR

-Probate court fee: GBP 300 for estates over GBP 5,000. Additional copies GBP 1.50 each.
-Solicitor fees: typically 1-5% of estate value, or GBP 2,000-5,000+ fixed fee for straightforward cases.
-Online probate services: GBP 500-1,500 for guided DIY. Suitable for simple estates.
-Timeline: Grant of Probate takes 8-12 weeks. Full administration takes 6-12 months (longer if complex).
-Deeds of Variation allow beneficiaries to redirect inheritance within 2 years of death to reduce the IHT bill.

What Probate Costs

Probate costs have three components: the court fee, professional fees (if using a solicitor or probate service), and disbursements (valuations, Land Registry fees, statutory notices). The court fee is fixed at GBP 300 for estates over GBP 5,000. Professional fees vary enormously and are often the largest cost.

Solicitors typically charge either a percentage of the estate value (1-5%) or a fixed fee. Percentage-based charging is common but controversial: for a GBP 3,000,000 estate, even 1% means GBP 30,000 in solicitor fees. Fixed fees are increasingly common and provide certainty. Always ask for a detailed quote before instructing a solicitor.

Probate cost comparison by estate size
Estate Value	DIY Cost	Online Service	Solicitor (Fixed)	Solicitor (1-2%)
GBP 500,000	GBP 300	GBP 800-1,500	GBP 2,000-3,500	GBP 5,000-10,000
GBP 1,000,000	GBP 300	GBP 800-1,500	GBP 3,000-5,000	GBP 10,000-20,000
GBP 2,000,000	GBP 300	GBP 1,000-2,000	GBP 4,000-7,000	GBP 20,000-40,000
GBP 5,000,000	GBP 300	Not recommended	GBP 5,000-10,000	GBP 50,000-100,000

DIY vs Professional Probate

DIY probate is straightforward for simple estates: one property, standard bank accounts, a clear will, no disputes, and no IHT liability. The government's online probate application service at GOV.UK handles most simple applications.

Professional help is advisable when: the estate exceeds the IHT threshold, there are business assets or foreign assets, the will is contested or ambiguous, there are trusts, the estate is insolvent, or you are simply uncomfortable with the legal and tax obligations of being an executor. The executor is personally liable for mistakes in administration.

Probate routes compared
Factor	DIY	Online Service	Full Solicitor Service
Cost	GBP 300 court fee only	GBP 500-2,000	GBP 2,000-100,000+
Time investment	High (40-80 hours)	Medium (15-30 hours)	Low (5-10 hours)
Suitable for	Simple estates	Moderate estates	Complex estates
IHT handling	Your responsibility	Guided support	Full service
Liability protection	None	Limited guidance	Professional indemnity
Foreign assets	Not recommended	Not recommended	Recommended

Probate Timeline

The Grant of Probate typically takes 8-12 weeks from application submission. Before applying, executors must: register the death, locate the will, identify all assets and liabilities, obtain valuations, and submit the IHT return (form IHT400) if the estate is taxable. HMRC has up to 35 days to process the IHT return.

Full estate administration - collecting assets, paying debts, settling tax, and distributing to beneficiaries - takes 6-12 months for straightforward estates. Complex estates (property sales, business valuations, foreign assets, disputed wills) can take 2+ years. Executors should place statutory notices in The Gazette and local newspapers to protect against unknown creditors, with a minimum 2-month notice period.

Deeds of Variation

A Deed of Variation is a powerful post-death planning tool. Within two years of a death, beneficiaries can redirect their inheritance as if the deceased had made the change in their will. This is legally treated as the deceased's own disposition for both IHT and CGT purposes.

Common uses include: redirecting assets to a surviving spouse (eliminating IHT entirely), gifting to grandchildren to skip a generation, making a charitable donation to qualify for the 36% reduced IHT rate, or establishing a trust for a vulnerable beneficiary. All beneficiaries whose entitlement would be reduced must agree, and no beneficiary may receive payment for agreeing to the variation.

The right probate approach depends on the size and complexity of the estate. For estates above the IHT threshold, professional guidance can save significantly more than it costs.

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Frequently Asked Questions

Common questions answered

Important Notice

This content is for informational purposes only and does not constitute financial advice. Tax treatment depends on individual circumstances and may change. Consult a qualified professional before making financial decisions. MoneyBlis is not regulated by the Financial Conduct Authority and does not provide personalised financial advice.