Applying for probate: a plain-English overview
Part of Carer wellbeing
By CareCircle Family editorial team · Published 2026-09-26 · Last reviewed 2026-09-26 · 4 min read
Probate is the legal right to deal with someone's estate. In England and Wales you apply to the probate service, usually online, after estimating the estate's value and whether Inheritance Tax is due. In Scotland the equivalent is called confirmation.
When you might not need it
Some banks release small amounts without probate. Jointly owned property may pass automatically to the surviving owner. Ask each organisation.
If there's no will
A close relative can usually apply to become the administrator, following the rules of intestacy.
Getting help
You can apply yourself or use a solicitor or probate practitioner. Fees and timescales change — check GOV.UK.
Official guidance and further reading
Check these organisations for the latest rules and guidance for your location.
Frequently asked questions
- Is probate the same in Scotland?
- No. In Scotland you apply for confirmation through the sheriff court. Northern Ireland has its own probate office.
Related guides
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