Probate fees are rising by 75% next month, pushing the cost of applying for a Grant of Probate from £300 to £526 on 13 July, subject to parliamentary approval. The Ministry of Justice (MoJ) confirmed the increase, which will be levied on grieving families administering a deceased person’s estate. Consumer expert Martyn James said the hike would leave people “absolutely justified in feeling upset and ripped off,” describing probate as “one of the most antiquated, bureaucratic and complex processes we will encounter – precisely at the point where we need simple and clear help the most.”
The fee rise is part of a wider overhaul of court and tribunal charges. Alongside the probate increase, the MoJ confirmed that approximately 170 fees will rise by 2.6% in line with 2024/2025 inflation, and a further 27 fees will increase by an average of 34% to reflect accumulated inflation. Four fees will be reduced because of falling underlying costs. The probate fee itself has a recent history of upward movement: it was set at a flat rate of £273 in January 2022 (replacing a tiered system), increased to £300 in May 2024, and will now jump to £526.
HM Courts and Tribunals Service said the time taken to resolve a probate case had more than halved since 2023 thanks to investment in staff and system improvements. A MoJ spokesperson said: “We know that losing a loved one is already a difficult time. That’s why it’s vital the probate service remains as smooth, swift and simple as possible. The new fee reflects the full cost of an ever-improving service which enables families to resolve disputes in as little as two weeks. Increasing fees is always a last resort, however the new cost accounts for rising inflation as well as investment in delivering an efficient and modern service.”
What is probate?
Probate is the legal right granted to someone to deal with and distribute another person’s estate — their property, possessions and money — after they die. You can apply only if you are the executor named in a will or the closest living relative of someone who died without a will. Typically, the next of kin or executors must obtain probate before they can claim, transfer or distribute the deceased’s assets. Probate is usually required when the deceased owned assets solely in their name, such as property, investments, or significant savings (generally over £5,000, though this varies by institution).
Probate is not always necessary. You may not need it if the person who died only had savings in their estate, or if they owned shares or money jointly with others — those assets automatically pass to the surviving owner. Similarly, if the deceased owned land or property as a joint tenant, the property passes directly to the other tenant without probate. Financial institutions such as banks and mortgage lenders have different rules on whether you can access assets without a grant of probate, so it is worth contacting them to find out what is needed.
Probate disputes are on the rise, with an increasing number of cases filed in court. Judges are encouraging claimants to resolve issues outside court through methods such as mediation, negotiation, and early neutral evaluation — collectively known as alternative dispute resolution (ADR). Courts increasingly expect parties to explore ADR, with potential cost sanctions for refusing to mediate without good reason. ADR can be quicker, cheaper and less stressful than litigation, particularly for emotionally charged inheritance disputes.
Help with Fees: support for those struggling
The MoJ confirmed that the worst-off will face no fees whatsoever and anyone struggling can apply to have the fee reduced or removed entirely through the “Help with Fees” scheme. Eligibility is based on the applicant’s personal financial situation, not the value of the estate. To qualify, applicants must meet savings limits: those under 66 must have less than £4,250 in savings, while those aged 66 or over must have less than £16,000. The scheme is available to people on low incomes or receiving certain benefits.
In addition, estates valued at £5,000 or less are entirely exempt from the application fee. A new, separate reduced fee of £2 will be introduced for requesting copies of probate documents concurrently with a probate application — a significant saving given that the standard fee for official copies increased from £1.50 to £16 per copy in November 2025. Other minor fee changes include an increase for a duplicate or second grant (from £21 to £22), rises for caveats and standing searches (from £3 to £4), and an increase for depositing a will (from £23 to £24).
Critics have described the 75% increase as a “windfall tax on the bereaved,” arguing it places an undue burden on families already emotionally and financially vulnerable. Practitioners have noted that despite previous fee increases aimed at improving systems, families are still waiting months for applications to be processed, with no discernible improvement in service on complex matters. Some concerns have also been raised that the flat fee structure may encourage families to handle probate themselves to save costs, potentially leading them to avoid professional legal advice that can be crucial for complex estates.
How to apply for probate
Applications can be made online via gov.uk, which is usually quicker, or by post. The form you need depends on whether the deceased left a will. If they did, use form PA1P; if they did not, use form PA1A. The government states that probate is typically granted within 12 weeks of submitting an application, though online applications can take 4-6 weeks (sometimes 2-4 weeks for straightforward cases) while paper applications can take 8-15 weeks. Complex estates may require 16-20 weeks or more for the grant application alone. Delays have been a persistent issue, with practitioners reporting average wait times of 6-9 weeks even before the pandemic, and concerns remain about ongoing backlogs.
Before applying, you must work out an estimate of the value of the deceased’s estate for inheritance tax (IHT) purposes. Even if no IHT is due, the value is required as part of the probate application. If IHT is due, you must report the estate’s value to HM Revenue & Customs within one year via an IHT400 form. You cannot apply for probate until this is done, and normally you need to start paying any IHT due before probate is granted. If IHT is owed, you also need to send “full details” of the estate to HMRC within 12 months of the death — including assets, debts, any gifts made, and any reliefs and exemptions.
Even if no IHT is owed, you may still need to send full details of an estate to HMRC. For example, if the person who died gave away more than £250,000 in the seven years before their death, or if their estate is worth more than £3 million. A full list of such circumstances is available on the gov.uk website. You do not have to give full details if the estate counts as an “excepted estate,” there is no IHT to pay, and there are no other reasons requiring disclosure. An estate is typically classed as excepted if its value is below the nil-rate band (£325,000), or if it is worth £650,000 and any unused nil-rate band was transferred to a surviving spouse or civil partner. An estate is also excepted if the person who died left everything to a spouse living in the UK or a qualifying charity and the estate is worth less than £3 million, or if the deceased was living permanently outside the UK when they died and the value of their UK assets is £150,000 or less.
The standard IHT threshold of £325,000 and the residence nil-rate band of £175,000 (available if a main home is left to direct descendants) are frozen until at least April 2028. For married couples or civil partners, allowances can be transferred, potentially creating a combined tax-free threshold of up to £1 million in straightforward cases. The standard IHT rate is 40% on the value above the thresholds, reduced to 36% if at least 10% of the net estate is left to charity.
Given the fee increase on 13 July, practitioners anticipate a surge in applications in the weeks leading up to the deadline as personal representatives and solicitors try to beat the rise, which is expected to place additional short-term pressure on the service.
