Probate, Wills & Power of Attorney
Sorting out someone's affairs after a death - or putting your own in order before one - is where the biggest avoidable costs in retirement planning hide. The court fee for probate rose 75% to £526 in July 2026, banks and solicitors charging a percentage of the estate can cost tens of thousands more than a fixed fee, and thousands of families every year discover too late that a lasting power of attorney would have saved them a Court of Protection application. This hub explains what you actually need, what it should cost, and what you can safely do yourself.
- 1 Someone has just died and you are dealing with their affairs→ Register the death first, then use Tell Us Once to notify government departments in one go. Before paying anyone for probate, check whether you actually need a grant - many estates do not.
- 2 You have been quoted a percentage of the estate for probate→ Get a fixed-fee quote before agreeing. A 4% bank fee on a £400,000 estate is £16,000 for work that a fixed-fee provider will do for around £2,500 - and that you could do yourself for the £526 court fee.
- 3 You are planning ahead for yourself→ Make a will and put both types of lasting power of attorney in place (£184 to register both). An LPA made now costs a fraction of a Court of Protection deputyship later.
- 4 Someone has already lost capacity without an LPA→ It is too late for an LPA - they must have capacity to make one. You will need to apply to the Court of Protection to become a deputy, which costs more, takes months and comes with ongoing supervision fees.
Do you actually need probate?
This is the question worth answering before you spend anything. Probate is driven by how the assets were owned, not by how much the estate is worth - so a £500,000 estate held jointly with a surviving spouse may need no grant at all, while a £30,000 estate with a house in the deceased's sole name will. Answer the questions below for an indication.
Court fee if you apply: £526. You can apply yourself - a solicitor is not required.
- The deceased owned property in their sole name, or a share as tenants in common. The Land Registry will not transfer or sell it without a grant.
- The largest single account holds about £25,000, above the £20,000 mark where most banks start insisting on a grant.
- Write to every bank, provider and registrar with a copy of the death certificate and ask, in writing, whether they will release funds without a grant.
- Value the estate before applying - you need the figures for the application and any inheritance tax forms.
- Decide whether to apply yourself or use a fixed-fee provider; percentage-based fees on a large estate are rarely good value.
An indication based on how assets are typically treated, not legal advice. Every bank and registrar sets its own threshold, so confirm in writing with each one. Rules differ in Scotland (confirmation) and Northern Ireland. See our disclaimer.
What probate should cost - and what people actually pay
The court fee is fixed at £526. Everything above that is a choice. The gap between the cheapest and dearest way of doing identical work is the single largest avoidable cost in estate administration, and it widens with the size of the estate because the most expensive routes charge a percentage of it.
A bank or trust corporation named as executor commonly charges around 4% of the estate, and traditional solicitors 1-5%. On a £400,000 estate that is roughly £16,000 and £4,000-£20,000 respectively - for work that a fixed-fee provider will quote at about £2,500, and that many executors complete themselves for the £526 court fee alone. The work does not get harder as the estate gets bigger; the bill just does.
If a bank is named as executor in the will, the executors can usually renounce or have the bank step aside - it is worth asking before accepting the quote. Use our probate cost calculator to compare routes on your own numbers.
Write your will or set up Power of Attorney
Without an LPA in place, your family cannot legally manage your money if you lose capacity — only the Court of Protection can.
Lasting power of attorney: the cheapest insurance in later life
An LPA lets someone you choose manage your money or your health decisions if you become unable to. Registering one costs £92, or £184 for both the property and financial affairs type and the health and welfare type. You can complete the forms yourself on GOV.UK; solicitors typically charge £300-£650 per LPA on top.
The reason to do it early is blunt: you must have mental capacity to make an LPA. Once capacity is lost, the option disappears and your family must apply to the Court of Protection for a deputyship instead - which costs considerably more, takes months, and brings ongoing supervision fees and annual reporting for as long as it lasts. Every year thousands of families discover this at the worst possible moment.
When someone dies: the first two weeks
There is a conventional order to this, and following it saves repeated work:
- Get the medical certificate and register the death - usually within five days in England and Wales, eight in Scotland.
- Order several certified copies of the death certificate at registration. Banks and insurers each want to see one, and copies are cheaper at the point of registration than later.
- Use Tell Us Once - one free notification covering HMRC, the DWP, the Passport Office, the DVLA, the council and public sector pensions.
- Notify banks, insurers and private pensions yourself - Tell Us Once does not reach them. Ask each one, in writing, whether it will release funds without a grant.
- Check for bereavement benefits - Bereavement Support Payment, and whether any State Pension can be inherited.
Where probate meets inheritance tax
Probate and inheritance tax are separate systems that collide awkwardly: where IHT is due, it generally has to be paid before the grant is issued - but you often need the grant to release the money to pay it. HMRC's direct payment scheme lets banks pay IHT straight from the deceased's accounts, and tax on property can be paid in instalments, but the timing catches many executors out.
The nil-rate band is £325,000, with a residence nil-rate band of up to £175,000 where a home passes to direct descendants - so a married couple can often pass on £1m between them. From 6 April 2027, unused pension pots come into the estate for inheritance tax, which changes the planning picture significantly: see our guide to inheritance tax and pensions and the inheritance tax calculator.
Write your will or set up Power of Attorney
Without an LPA in place, your family cannot legally manage your money if you lose capacity — only the Court of Protection can.
- Online or solicitor-checked options from £90
- Lasting Power of Attorney (LPA) — both types covered
- Trusted by 500,000+ UK families
RetirementExpert does not provide legal advice. We refer you to regulated will-writing and legal services providers.
Guides in this section
Six in-depth guides covering probate, wills & power of attorney for the 2026/27 tax year.
- 01 What is probate? When you need it in 2026 (and when you don't)
Probate depends on how assets were owned, not estate value. Joint tenants need no grant; sole-name property always does. Fees, timescales and the 2026 rules.
Read guide → - 02 Probate costs 2026: the £526 fee and what you should pay
The probate court fee is £526 in England and Wales - the only unavoidable cost. Compare DIY, fixed-fee and percentage-based routes on a £100k to £1m estate.
Read guide → - 03 How long does probate take in 2026? Realistic timelines
The grant typically takes 8-16 weeks; full estate administration 6-12 months; money usually reaches beneficiaries at 9-12 months. A month-by-month timeline.
Read guide → - 04 How to apply for probate yourself in 2026: step by step
Apply for probate yourself in England and Wales: the nine steps, the £526 fee, PA1P and PA1A forms, how to value an estate, and the mistakes that cause delays.
Read guide → - 05 Executor duties UK: the full list - and your personal liability
Every executor duty in England and Wales, in the order you meet it - plus the personal liability nobody warns you about and the four protections against it.
Read guide → - 06 Lasting power of attorney UK 2026: costs, types & the deadline
A lasting power of attorney costs £92 to register in England and Wales - but only while you still have mental capacity. The two types, the roles and the deadline.
Read guide → - 07 How to set up a lasting power of attorney yourself (2026)
A step-by-step DIY guide to making an LPA in England and Wales: the forms, the £92 fee, certificate provider rules, the signing order and what gets LPAs rejected.
Read guide → - 08 Court of Protection deputyship: when it is too late for an LPA
No LPA and a relative has lost capacity? Deputyship costs £432 to apply and takes 4-6 months. The process, fees, supervision and cheaper alternatives explained.
Read guide → - 09 Dying without a will: who inherits under the intestacy rules
The intestacy rules decide who inherits when there is no will - and unmarried partners get nothing. The order of entitlement, the £322,000 rule and how to fix it.
Read guide → - 10 What to do when someone dies: a UK checklist for the first weeks
A calm, ordered checklist for the first days and weeks: registering the death, Tell Us Once, who to notify yourself, funeral costs and bereavement benefits.
Read guide → - 11 Bereavement benefits 2026: what replaced the widow's pension
The widow's pension no longer exists - Bereavement Support Payment replaced it. The 2026 rates, the 3-month claim deadline, and the rules over State Pension age.
Read guide → - 12 Lasting power of attorney cost 2026: £92, or free if you qualify
An LPA costs £92 to register in England and Wales - £184 for both types. Solicitors add £300-£650 each. When that fee is worth paying, and how to pay nothing.
Read guide → - 13 How to value an estate for probate (and stay out of trouble)
Value every asset at open market value on the date of death. Asset-by-asset guidance, a worked example against the £325,000 threshold, and how HMRC checks it.
Read guide →
Frequently asked questions
- How much does probate cost in the UK in 2026?
- The court application fee in England and Wales is £526 for any estate worth more than £5,000, and nothing at all for estates of £5,000 or less. That fee rose from £300 on 13 July 2026 - a 75% increase - so many older guides and even some solicitors’ websites still quote the old figure. Extra copies of the grant cost £2 each if you order them with the application, but £16 each afterwards, so it pays to order enough up front. On top of the court fee, professional help is optional: doing it yourself costs only the court fee, fixed-fee providers typically charge £900 for a grant-only service or around £2,500 for full administration, while solicitors charging a percentage of the estate commonly take 1-5% and banks acting as executor around 4%. On a £400,000 estate that percentage difference is the gap between roughly £526 and £16,500.
- Do I always need probate when someone dies?
- No - and this is the single most expensive misunderstanding in estate administration. Whether you need a grant depends on how the assets were owned, not on the size of the estate. Anything held as joint tenants (a jointly owned home, a joint bank account) passes automatically to the surviving owner by survivorship and needs no grant at all. Many banks will release balances below their own "small estates" limit on an indemnity form instead: those limits vary from about £5,000 to £50,000, with £20,000 a common mid-point. But if the deceased owned property in their sole name or as tenants in common, you will need a grant, because the Land Registry will not transfer or sell it without one. Directly held shares almost always need one too. Ask every institution in writing before assuming.
- How long does probate take in 2026?
- Getting the grant itself typically takes around 8 to 16 weeks from application, and HMCTS has cut waiting times substantially from the backlogs of 2023-24. But the grant is only one step. Administering the whole estate usually takes 6 to 12 months, and longer if the estate includes a property to sell, an inheritance tax bill to settle, missing beneficiaries, or a possible claim against the estate. Executors are conventionally advised to wait until at least six months after the grant before distributing, because that is the window in which claims under the Inheritance (Provision for Family and Dependants) Act 1975 can be brought. Where inheritance tax is due, you generally have to pay it before the grant is issued - which is what causes the classic cash-flow squeeze.
- Can I do probate myself without a solicitor?
- Yes. There is no legal requirement to use a solicitor, and for a straightforward estate - a will, a couple of bank accounts, perhaps a house passing to the obvious beneficiary, and no inheritance tax to pay - doing it yourself is entirely realistic. You apply online through GOV.UK, pay the £526 fee, and deal with the banks directly. It is more likely to be worth paying for help where the estate is taxable, the will is unclear or contested, there are business or agricultural assets, the deceased lived abroad or held foreign assets, or a beneficiary is a minor. Remember that executors are personally liable for mistakes, so if you are unsure about a specific issue it is usually cheaper to buy an hour of advice on that point than to hand over a percentage of the whole estate.
- How much does a lasting power of attorney cost?
- Registering a lasting power of attorney with the Office of the Public Guardian costs £92 per LPA in England and Wales. There are two types - property and financial affairs, and health and welfare - so registering both costs £184. If you make a mistake and need to reapply within three months, the repeat fee is £46. You can apply for a 50% remission if your gross annual income is under £12,000, and a full exemption if you receive certain means-tested benefits such as Income Support or income-related ESA. Solicitors typically charge £300-£650 per LPA on top of the registration fee, but you can complete the forms yourself on GOV.UK - the process is designed to be done without a lawyer, though the choice of attorneys and any restrictions deserve real thought.
- What happens if someone dies without a will?
- They die "intestate" and the intestacy rules decide who inherits - not the family, and not what the deceased may have told people they wanted. In England and Wales, if there is a surviving spouse or civil partner and children, the spouse takes the personal possessions, the first £322,000 and half of the remainder, with the children sharing the other half. If there are no children, the spouse takes everything. Unmarried partners inherit nothing under the intestacy rules however long the relationship lasted, which is the cruellest feature of the system and the most common reason for a claim against an estate. Instead of an executor, someone applies to be the administrator - usually the closest relative - through a grant of letters of administration rather than a grant of probate.
- Is a lasting power of attorney the same as being an executor?
- No, and confusing the two causes real problems. A lasting power of attorney only operates while the person is alive: it lets an attorney manage their finances or health decisions if they lose the ability to do so themselves. It dies with them - the moment someone dies, their attorney’s authority ends completely. From that point the executor named in the will takes over, and the executor may be a different person entirely. This is why both documents matter: an LPA protects someone during life (and avoids a costly Court of Protection deputyship application if capacity is lost without one), while a will and executor deal with everything afterwards.
- What is the Tell Us Once service?
- Tell Us Once is a free government service that reports a death to most government departments in a single step, instead of you contacting each one separately. It covers HMRC, the DWP (State Pension and benefits), the Passport Office, the DVLA, the local council for council tax and Blue Badges, and public sector pension schemes. The registrar gives you a unique reference number when you register the death, and you use it online or by phone - usually within 28 days. It does not cover banks, insurers, utilities or private pension providers, so you still need to notify those yourself. It is available in most of England, Scotland and Wales but not Northern Ireland.