There are different probate rules in Scotland and in Northern Ireland.
Quick facts
- Fee, estate over £5,000
- £526
- Estate £5,000 or less
- No fee
- Extra copies
- £2 each
- With a will
- The executors apply
- No will
- The closest living relative
Check whether probate is needed
Contact the financial organisations the person who died used (for example, their bank and mortgage company) to find out if you’ll need probate to get access to their assets. Every organisation has its own rules.
You may not need probate if the person who died:
- only had savings
- owned shares or money with others - this automatically passes to the surviving owners unless they have agreed otherwise
- owned land or property as ‘joint tenants’ with others - this automatically passes to the surviving owners
Who can apply
If there’s a will, executors named in it can apply.
If the person did not leave a will, the most ‘entitled’ person can apply to become the administrator of the estate.
This is the closest living relative - normally the husband, wife or civil partner (including if you were separated) followed by any children 18 or over (including legally adopted children but not step-children).
You cannot apply if you’re the partner of the person but were not their husband, wife or civil partner when they died.
Inheritance Tax first
Before applying for probate, you must find out if you need to pay Inheritance Tax.
Even if there’s no tax to pay, you’ll need the estimated value of the estate as part of your probate application. See Inheritance Tax.
Fees
If the value of the estate is over £5,000, the application fee is £526.
There’s no fee if the estate is £5,000 or less.
You can order extra copies of the probate document for £2 each when you submit your application.
If money is tight, see help with court fees.
Common questions
How much does probate cost in England?
£526 if the estate is worth over £5,000. There’s no fee if the estate is £5,000 or less.
Do I always need probate?
No. You may not need it if the person only had savings or owned money or property jointly.
Who applies if there is no will?
The closest living relative, normally the husband, wife or civil partner, then any children 18 or over.
Can an unmarried partner apply?
No, not if you were not their husband, wife or civil partner when they died.