Probate UK - How It Works, Costs, Inheritance Tax and Property Sales in 2026

Probate is the legal process through which a deceased person's estate is administered, including identifying assets, settling outstanding debts, paying applicable taxes and distributing property or money to the rightful beneficiaries.

In England and Wales, probate is particularly important when someone dies owning property, substantial savings, investments or other assets that cannot be transferred without formal legal authority.

Where the deceased left a valid will, the appointed executors may need to apply for a Grant of Probate. Where there is no valid will, an eligible person may need to apply for Letters of Administration.

For homeowners, landlords, property investors and families inheriting residential property, understanding probate is essential when dealing with property ownership, inheritance tax, mortgages, tenancy arrangements and estate sales.

The probate process can involve legal documentation, property valuations, tax calculations and communication with financial institutions.

Fraser Bond supports property owners, beneficiaries, executors and investors with residential sales, property valuations, lettings and real estate advisory services across London and the wider UK.

What Is Probate?

Probate is commonly used to describe the legal authority required to administer certain parts of a deceased person's estate.

An estate can include residential property, commercial property, savings, investments, personal possessions and other assets.

The person responsible for administering the estate must identify the assets, settle liabilities and distribute the remaining estate according to the will or applicable inheritance laws.

In England and Wales, the Probate Registry issues the relevant grant.

The precise requirements depend on the estate's value, ownership arrangements and the institutions holding the assets.

What Is a Grant of Probate?

A Grant of Probate is a legal document confirming an executor's authority to administer the estate of someone who died leaving a valid will.

The grant allows executors to deal with assets that require formal evidence of their authority.

For example, an executor may need a Grant of Probate before selling a property owned solely by the deceased.

Banks, investment providers and other institutions may also request the document before releasing assets.

However, not every estate requires a Grant of Probate.

What Are Letters of Administration?

Letters of Administration are generally issued where someone dies without a valid will or where other circumstances prevent an executor from obtaining a Grant of Probate.

The person appointed to administer the estate is called an administrator.

An administrator performs many of the same duties as an executor.

However, the estate must be distributed according to the applicable intestacy rules where no valid will governs the distribution.

Probate vs Letters of Administration

Both documents are forms of a grant of representation.

When Is Probate Required in the UK?

Probate may be necessary when a deceased person owned significant assets in their sole name.

Common circumstances include:

• A residential property registered solely in the deceased's name.

• Bank accounts exceeding an institution's release threshold.

• Investments or shares requiring a grant.

• Assets that cannot otherwise be transferred or sold.

• Complex estates requiring formal administration.

The need for probate depends on the asset ownership arrangements and the requirements of relevant institutions.

There is no single estate-value threshold that determines whether probate is required in every case.

When Is Probate Not Required?

Probate may not be necessary where the deceased's assets pass automatically to another person.

For example, property owned by joint tenants generally passes to the surviving joint owner by survivorship.

Some jointly held bank accounts may also transfer without a grant.

Small estates may be administered without probate where financial institutions agree to release the assets.

However, jointly owned assets, trusts and other arrangements can involve additional legal considerations.

Families should confirm the requirements before assuming that probate is unnecessary.

How Does Probate Work in the UK?

The probate process generally involves identifying the estate, establishing the legal authority to administer it and distributing the assets.

The main stages are:

1. Register the death and obtain the necessary documents.

2. Locate the will and identify the executors.

3. Identify and value the deceased's assets and liabilities.

4. Establish whether Inheritance Tax reporting or payment is required.

5. Apply for the appropriate grant of representation.

6. Collect estate assets and settle outstanding liabilities.

7. Prepare estate accounts and distribute the remaining assets.

Property transactions can make the process more complicated, particularly where the deceased owned multiple properties or had outstanding mortgages.

How to Apply for Probate

Executors can apply for probate online or through the appropriate paper application process.

Applicants generally need the death certificate, the original will where applicable, and relevant information about the estate.

The estate's value must be established, and any required Inheritance Tax reporting must be completed.

Applicants must also make the required legal declaration.

Where the estate is complicated, a probate solicitor may assist with the application and administration.

Probate Application Form

The relevant probate application form depends on the circumstances.

For England and Wales, commonly used forms include:

The forms and reporting requirements can change, so applicants should use the process applicable to the date of death and estate circumstances.

Probate Fees in 2026

Probate applications in England and Wales are subject to a court fee where the estate meets the applicable threshold.

The fee is separate from any solicitor's charges, property valuation fees or Inheritance Tax liability.

Additional copies of the grant may also attract a charge.

Professional probate services may charge fixed fees, hourly rates or a percentage of the estate's value.

Executors should obtain a clear written explanation of charges before instructing a professional.

For 2026, the probate application fee in England and Wales is £526 for estates valued above £5,000. There is no application fee for estates valued at £5,000 or less.

Additional copies of the grant cost £2 each when ordered with the application. Copies ordered afterwards cost £16 each.

How Long Does Probate Take?

The time required to obtain probate depends on the complexity of the estate and whether the application is complete.

HM Courts and Tribunals Service indicates that applicants will usually receive probate within approximately 12 weeks of submitting an application.

However, some applications take longer because of missing documents, disputes, inheritance tax issues or complications involving property ownership.

The full estate administration process may take considerably longer than obtaining the grant.

Executors should distinguish between receiving probate and completing the distribution of the estate.

Probate and Inheritance Tax

Inheritance Tax is a tax that may be payable on the estate of someone who has died.

For 2026–2027, the standard nil-rate band is £325,000.

An additional residence nil-rate band of up to £175,000 may apply when a qualifying home passes to direct descendants.

In certain circumstances, unused allowances can transfer between spouses or civil partners.

The residence nil-rate band is subject to conditions and begins to reduce where the estate exceeds £2 million.

The standard Inheritance Tax rate is 40% on the taxable amount above the available allowances, although exemptions and reliefs may apply.

Probate Property Valuation

Property valuation is an important part of probate administration.

Executors must establish the property's appropriate open-market value at the date of death.

The valuation can influence Inheritance Tax calculations, estate accounts and decisions about whether to retain or sell the property.

Relevant factors include location, condition, size, tenure, comparable sales and development potential.

For higher-value or unusual properties, a professional valuation may be advisable.

Probate House Sale

A probate house sale involves selling residential property forming part of a deceased person's estate.

The executors or administrators are responsible for ensuring that the sale is carried out lawfully and in the interests of the estate.

Before proceeding, they should establish the property's ownership arrangements, confirm their authority and obtain an appropriate valuation.

In England and Wales, a property sale requiring a grant generally cannot be completed until the grant has been issued.

Executors should obtain legal advice before committing the estate to a transaction.

Can You Sell a House Before Probate?

Selling a property before probate is granted can be complicated.

Executors may be able to undertake certain preparatory activities, such as obtaining valuations and arranging maintenance.

However, they should not assume that they have authority to complete a sale before receiving the appropriate grant.

Government guidance advises against putting property on the market before obtaining probate.

A solicitor can clarify the legal position for the particular estate.

How to Sell an Inherited Property

Selling an inherited property requires careful preparation.

Executors should establish whether probate is required, identify any outstanding mortgage and arrange an appropriate valuation.

They should also inspect the property's condition and consider necessary repairs.

Once the relevant legal authority has been obtained, the property can be marketed through an estate agent.

The sale proceeds must be accounted for as part of the estate administration.

Probate Property Sales in London

London probate property sales can involve substantial estate values and complex ownership arrangements.

Properties in Kensington, Chelsea, Westminster, Camden, Islington and Fulham may require detailed valuation because of location, tenure and local market conditions.

Leasehold flats may involve service charges, ground rent, managing agents and restrictions on transfer.

Executors should obtain accurate property information before marketing an inherited London home.

Fraser Bond provides residential sales and property advisory services for owners and beneficiaries managing inherited property.

Probate and Leasehold Property

Leasehold properties can create additional responsibilities during probate.

Executors may need to review the lease, confirm service charge liabilities and identify any outstanding ground rent.

Managing agents may require documentation before updating their records.

A leasehold property sale may also require management information and compliance with lease provisions.

Executors should establish these requirements early to reduce transaction delays.

Probate and Freehold Property

Freehold property is generally owned outright, subject to any mortgage or other registered interests.

Where the deceased owned a freehold property solely, probate may be necessary before it can be transferred or sold.

Executors must identify the property's legal ownership and any financial obligations.

They should also consider maintenance, insurance and security while the estate is being administered.

Probate and Jointly Owned Property

The treatment of jointly owned property depends on how the ownership was structured.

Where the deceased owned property as a joint tenant, their interest generally passes automatically to the surviving joint tenant.

Where property was held as tenants in common, the deceased's share forms part of their estate.

This distinction can affect whether probate is needed and how the property is distributed.

The property's title and any declaration of trust should be reviewed.

Probate and Mortgages

A mortgage does not automatically disappear when a borrower dies.

The outstanding debt generally remains secured against the property.

Executors should notify the mortgage lender and establish the balance owed.

Some lenders may offer temporary arrangements while the estate is administered.

If the property is sold, the outstanding mortgage is normally repaid from the sale proceeds.

Probate and Rental Properties

Where the deceased owned rental property, the estate may inherit ongoing landlord responsibilities.

Existing tenancy agreements do not automatically end because the landlord has died.

Executors or administrators may need to manage rent collection, repairs, insurance and legal compliance.

Rental income received during estate administration must be properly accounted for.

Professional property management assistance may help maintain continuity.

Probate and Tenants' Rights

Tenants living in a property owned by a deceased landlord generally retain their contractual and statutory rights.

The estate's representatives must comply with relevant landlord obligations.

These can include property maintenance, deposit protection requirements and applicable safety regulations.

A change in ownership does not automatically give the estate the right to evict tenants.

Executors should obtain appropriate legal advice before seeking possession or changing tenancy arrangements.

Probate and Capital Gains Tax

Capital Gains Tax may become relevant where estate assets increase in value after the date of death.

For example, if an inherited property is sold for more than its probate value, a taxable gain may arise.

The calculation depends on the ownership arrangements, allowable expenses and applicable exemptions.

Executors should consider Capital Gains Tax when planning a property sale.

Specialist tax advice may be necessary for high-value estates.

Probate Without a Will

When someone dies without a valid will, they are described as having died intestate.

Their estate is distributed according to the relevant intestacy rules.

The rules determine which relatives are entitled to inherit and in what proportions.

The distribution may differ from what the deceased would have wanted.

An eligible person may need to apply for Letters of Administration before dealing with certain assets.

Who Inherits Property Without a Will?

Inheritance depends on the deceased's family circumstances and the relevant jurisdiction.

In England and Wales, spouses, civil partners, children and other relatives may have rights under intestacy rules.

Unmarried partners do not automatically have the same inheritance rights as spouses or civil partners.

Jointly owned property may also pass outside the estate through survivorship.

Families should obtain legal advice where the distribution of property is uncertain.

Probate Disputes

Probate disputes can arise over the validity of a will, the appointment of executors or the distribution of assets.

Disagreements may also concern property valuations, financial transactions or the conduct of estate administrators.

Such disputes can delay estate administration and increase costs.

Where disagreements arise, specialist contentious probate advice may be necessary.

Probate Solicitors

A probate solicitor can assist with legal documentation, inheritance tax reporting and estate administration.

Professional support may be particularly useful where the estate contains several properties, business interests or complex family arrangements.

Solicitors can also advise on disputes and the responsibilities of executors.

Fees should be discussed before instruction.

Probate for Overseas Property