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Probate and confirmation: the basics

Probate is the legal right to deal with a dead person's money and property. Scotland calls the equivalent document confirmation. You do not always need it.

Last updated 2 November 2026

What probate is

GOV.UK describes probate as the legal right to deal with someone's estate after they die. The estate is their money, property and possessions. A grant of probate (when there is a will) or letters of administration (when there is not) shows banks and other organisations that you have the authority to deal with the estate. GOV.UK advises: do not make financial plans or put a property on the market until you have probate.

When you may not need it

GOV.UK says you may not need probate if the person only had savings, or owned shares or money jointly, which passes automatically to the surviving owners, or owned property as joint tenants, which also passes automatically. Each bank, lender and financial organisation has its own rules, so check with each of them. Many ask for probate once the balance passes a certain level, and that level varies.

Who applies in England and Wales

• With a will: the executors named in it.
• Without a will: the closest living relative. See dying without a will.

You can apply online or by post. If several people apply together, they choose one lead applicant, and each must give the lead an email address and mobile number.

Before you apply: value and Inheritance Tax

GOV.UK says you must estimate the estate's value before applying. If Inheritance Tax is due, you must report the value to HMRC within one year on form IHT400, and you cannot apply for probate until you have done so. You normally start paying the tax before probate is granted. Even if no tax is due, you still need the estimated value for your application.

GOV.UK's thresholds page shows a nil-rate band of £325,000 and a residence nil-rate band of £175,000, both frozen through the 2030 to 2031 tax year. Whether they apply to a given estate depends on who inherits and other conditions, so use the official calculator or take advice.

Fees in England and Wales

GOV.UK shows an application fee of £526 for estates valued over £5,000, with no application fee for estates of £5,000 or less. Copies of the probate document cost £2 each if ordered with the application and £16 each if ordered later. Check the fees page for the latest figures.

Challenging an application

Someone who wants to challenge an application before it is granted can enter a caveat, for example where there is a dispute about the will or who can apply. If you think this may happen, speak to a solicitor early.

Scotland: confirmation

The Scottish Courts and Tribunals Service describes confirmation as a court document that gives executors authority to collect the person's money or property and to administer and distribute it. Banks, building societies and insurers often ask for it before releasing funds. An estate is small if it is worth £36,000 or less (debts are not deducted), and large if it is more. For small estates the sheriff clerk can help prepare the inventory and there is no statutory court fee for issuing confirmation. For large estates the service recommends getting legal advice. Where there is no will, you may need a bond of caution, or (for a large estate) to apply to be appointed executor.

Northern Ireland

Nidirect says a Grant of Probate is issued when there is a will, and Letters of Administration when there is not. A grant is almost always needed when the person held about £20,000 or more in any one account, shares, certain insurance policies, or property in their own name or as tenants in common. You may not need a grant if they left less than £20,000, or if everything was held jointly. A court fee applies where assets are valued over £10,000.

Do you need a solicitor?

For a simple estate, many people apply themselves. A solicitor or probate specialist is worth considering if there is a dispute, a business, property abroad, a complicated will or Inheritance Tax to pay. Agree fees in writing first. Once you have the grant, see banks, pensions and benefits.

This is general information, not legal advice. Rules differ between England and Wales, Scotland and Northern Ireland, and they change. Check the official pages linked at the bottom of each page, and ask a solicitor or Citizens Advice about your own situation. Last checked November 2026.

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