# Do I need probate?

> You usually need probate if the person who died owned property in their sole name or had money, shares or insurance that the bank or company will only release with a grant. You may not need it if everything was jointly owned or the amounts are small. In Scotland the equivalent is called confirmation.

Source: https://funeralfinder.org/uk/guides/do-i-need-probate/ — updated 2026-09-25 — FuneralFinder

Probate is the legal right to deal with someone's money, property and possessions (their **estate**) after they die. Whether you need it depends on what the person owned and how they owned it. This guide explains when a grant is needed, how the process differs in Scotland and Northern Ireland, and the basic steps to apply.

**Key points**

- Probate is needed when banks, building societies, share registrars or the Land Registry won't release or transfer assets without a **grant**.
- You may **not** need it if everything was **jointly owned** or the amounts are small. Each organisation sets its own limit.
- **England and Wales:** the fee is **£526** for estates over £5,000 (from 13 July 2026). It is free for estates of £5,000 or less.
- **Scotland** calls it **confirmation**. For **small estates** (£36,000 or less), the sheriff clerk can help you apply without a solicitor.
- **Northern Ireland** has its own Probate Office, and a grant is almost always needed for about £20,000 or more in any one account.
- Don't sell property or share out money until you have the grant.

## Do you need probate? A quick check

You **may not need** probate if the person:

- only had modest savings, and each bank agrees to release them without a grant
- owned money or shares jointly with someone else, which normally pass automatically to the survivor
- owned their home as **joint tenants**, which means it passes automatically to the surviving owner
- had everything in a trust, or had life insurance or pension death benefits paid directly to a named beneficiary

You will **probably need** probate if the person:

- owned a house or land in their **sole name**, or as **tenants in common**
- had larger amounts in bank accounts, stocks and shares, or certain insurance policies
- had assets where the organisation insists on seeing a grant

The only way to be sure is to **contact each organisation** and ask what it needs. Every bank has its own threshold. For an estate in England or Wales, SwiftWill's free [probate checker](https://swiftwill.co.uk/tools/probate-checker/) asks three quick questions to show whether you're likely to need a grant.

## At a glance: the three systems

| | England and Wales | Scotland | Northern Ireland |
|---|---|---|---|
| **Name of the grant** | Grant of probate (with a will) or letters of administration (no will) | Confirmation | Grant of probate or letters of administration |
| **Where to apply** | HM Courts and Tribunals Service, online or by post | The sheriff court for the area where the person lived | Probate Office (NI Courts and Tribunals Service), online or on paper |
| **Court fee** | £526 if the estate is over £5,000. No fee if £5,000 or less. | No fee up to £50,000. £351 over £50,000 up to £250,000. £705 over £250,000. | Fee depends on the net estate. No fee if assets are £10,000 or less. |
| **Help for small estates** | No separate procedure | Sheriff clerk helps with estates of £36,000 or less | No separate procedure |

## England and Wales

**Who can apply.** If there's a will, the **executors** named in it apply, and up to 4 can be named on the application. If there's no will, the closest living relative applies to be the **administrator**. This is usually the husband, wife or civil partner (even if separated), then children aged 18 or over. An unmarried partner cannot apply. If you've been named as an executor, this [executor checklist](https://swiftwill.co.uk/executor-checklist/) sets out every task in order, from finding the will to sharing out the estate.

**Before you apply:**

1. Find the **original will**. You must send it with the application, and it becomes a public record.
2. **Value the estate**: everything the person owned at the date of death, minus debts and funeral costs.
3. Check whether **Inheritance Tax** is due. There's normally none to pay if the estate is below **£325,000** or everything goes to a spouse, civil partner or charity. The threshold can rise to **£500,000** when a home passes to children or grandchildren, and any unused threshold can pass to a surviving spouse.
4. If the estate isn't an "excepted estate", send form **IHT400** to HMRC, pay any tax due, and wait for HMRC's code before applying.

**Applying.** Apply online or by post (form PA1P with a will, or PA1A without one). You'll usually get the grant **within 12 weeks**. Extra copies cost **£2 each** if you order them with the application, and **£16** each if you order them later. Help with fees is available on a low income. Inheritance Tax must usually be paid **by the end of the sixth month** after the death, or interest is charged.

## Scotland: confirmation

In Scotland, executors apply to the **sheriff court** for **confirmation**, which gives them authority to collect the estate.

- **Executor-nominate:** named in the will.
- **Executor-dative:** appointed by the court when there's no will, or no executor able to act. For larger estates, get legal advice.
- **Small estates** (a gross value of **£36,000 or less**, before deducting debts or funeral costs): contact the sheriff clerk's office where the person lived. They will help you prepare the inventory (form **C1**) free of charge, and you don't need a solicitor.
- **Larger estates:** the court can't help with the paperwork, and most people use a solicitor.

Court fees, from 1 April 2026: no fee for estates up to £50,000, **£351** over £50,000 up to £250,000, and **£705** over £250,000.

## Northern Ireland

Apply to the **Probate Office** of the High Court, online or on paper. You must be 18 or over. nidirect says a grant is **almost always needed** if the person had:

- around £20,000 or more in any one account
- stocks or shares
- certain insurance policies
- property or land in their own name or as tenants in common

You may not need one if the person left less than £20,000, or owned everything jointly so that it passes automatically. There is a court fee, based on the net value of the estate, when assets are worth more than £10,000.

## If there's no will

When someone dies without a valid will (**intestate**), the law decides who inherits. The closest relative applies for **letters of administration** (England, Wales and Northern Ireland) or to be appointed **executor-dative** (Scotland). The rules on who inherits are different in each nation. Get advice if the family situation is complicated, for example with a second marriage, stepchildren or an unmarried partner. For England and Wales, an [intestacy flowchart](https://swiftwill.co.uk/tools/intestacy-flowchart/) shows step by step who inherits when there's no will.

## Before the grant arrives

- **Keep the property secure** and tell the home insurer it's unoccupied.
- **Don't pay beneficiaries or sell assets** yet. You could be personally liable if debts or tax turn up later.
- **The funeral** can often be paid directly from the person's bank account. See [help paying for a funeral](/uk/guides/help-paying-for-a-funeral/).
- **Keep records** of everything you pay and receive for the estate.

## Next steps

- Order enough [death certificates](/uk/guides/death-certificates/). Note that you only need to send one with an England and Wales application if the death was abroad or you have an interim certificate.
- Tell government departments using [Tell Us Once](/uk/guides/tell-us-once/)
- If your partner died, check [Bereavement Support Payment](/uk/guides/bereavement-leave-and-pay/)
- Keep track with our [when someone dies checklist](/uk/tools/when-someone-dies-checklist/)
- Back to [what to do when someone dies](/uk/what-to-do-when-someone-dies/)

## Frequently asked questions

### How long does probate take?

In England and Wales, you will usually get the grant within 12 weeks of applying, though it can take longer if more information is needed or Inheritance Tax forms are required first. Paper applications take longer than online ones. In Scotland, the sheriff clerk normally issues confirmation for a small estate within a few working days of receiving the paperwork.

### Can the funeral be paid for before probate is granted?

Yes. Many banks will pay a funeral director's invoice directly from the person's account before probate, if there is enough money in it. Ask the bank's bereavement team. The cost of the funeral can be claimed back from the estate.

### Do I need probate if the house was jointly owned?

If the property was owned as joint tenants, it passes automatically to the surviving owner, so probate is not needed for the house. If it was owned as tenants in common, the person's share forms part of their estate and probate is usually needed to deal with it.

### Is there a deadline to apply for probate?

There is no deadline for the probate application itself. However, any Inheritance Tax must normally be paid by the end of the sixth month after the death, or interest is charged, and an IHT400 account, if needed, must be sent within 12 months.

### What happens if there is no will?

The closest relative can apply to deal with the estate. In England and Wales this is usually the husband, wife or civil partner, then adult children. They get letters of administration rather than a grant of probate. The law decides who inherits. Unmarried partners have no automatic right to inherit or to apply.

### Do I need a solicitor for probate?

No. Many people apply themselves, which can save money, especially for straightforward estates. Consider professional help if the estate is complex, Inheritance Tax is due, there is property abroad, a business, or a family dispute.

## Sources

- [GOV.UK – Applying for probate](https://www.gov.uk/applying-for-probate)
- [GOV.UK – Applying for probate: fees](https://www.gov.uk/applying-for-probate/fees)
- [GOV.UK – How Inheritance Tax works](https://www.gov.uk/inheritance-tax)
- [Scottish Courts and Tribunals Service – Guide to dealing with a deceased's estate in Scotland](https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceaseds-estate-in-scotland/guide-to-dealing-with-a-deceaseds-estate-in-scotland)
- [Scottish Courts and Tribunals Service – Small estates](https://scotcourts.gov.uk/taking-action/dealing-with-a-deceaseds-estate-in-scotland/small-estates)
- [Scottish Courts and Tribunals Service – Sheriff court fees](https://scotcourts.gov.uk/taking-action/court-fees/sheriff-court-fees)
- [nidirect – Probate](https://www.nidirect.gov.uk/articles/probate)