The Probate Fee Rise: What It Means When Someone Dies

The Probate Fee Rise: What It Means When Someone Dies

When someone dies, there is the first wave of shock and things that need to happen. That includes the phone calls or text messages because talking is too painful. The funeral conversations. The strange admin of telling people something you still haven’t fully taken in yourself.

Then things go quiet and people go home. The flowers start to fade and the practical jobs are still sitting there, waiting. That’s usually when the paperwork arrives.

Someone has to work out what needs doing next. Bank accounts, house documents, debts, savings, bills, insurance, tax, beneficiaries, who can sign things, who is allowed to speak to organisations and who is actually in charge. The list is long.

And somewhere in the middle of it all, someone asks about probate.

A lot of people have heard the word. Fewer people know what probate means until they’re already in the middle of it.

What is probate?

Probate is the legal process that gives someone authority to deal with the estate of a person who has died. That’s the plain-English version.

If there is a Will, the person named as executor usually applies for a Grant of Probate. If there is no Will, someone may need to apply for Letters of Administration instead. Either way, the point is the same: someone needs legal permission to deal with the estate.

That can include closing bank accounts, collecting money in, paying debts, dealing with property, speaking to organisations, and distributing what is left to the right people.

This is the part families often don’t expect. Being the spouse, child, closest relative, or the person who always handled the practical things does not always mean you can just get on with it. Banks can freeze accounts, organisations can refuse to speak properly and property can sit there waiting for the right paperwork.

It can feel ridiculous when you’re grieving. You know who you are, the family knows who you are. But the bank, pension provider, insurance company, or Land Registry may still need formal proof that you have authority to act.

That is probate.

Why are probate fees going up?

From 13 July 2026, the probate application fee is set to rise to £526. The current fee is £300 for estates worth more than £5,000, so the increase is around 75%. There is no fee if the estate is worth £5,000 or less.

The Ministry of Justice says the new fee reflects rising inflation and investment in a more efficient, modern service. It has also said that probate copies requested at the same time as the application will reduce from £16 to £2.

That may explain the policy. It does not change what it feels like for a family who is already tired, upset, and trying to keep track of another cost.

Because probate comes after the funeral arrangements, after the first bills, after the emotional conversations, and often while people are still trying to understand what the person owned, owed, promised, wrote down, forgot to write down, or kept “somewhere safe”.

When do families need probate?

Not every estate needs probate. It depends on what the person owned, how those assets were held, and what banks or organisations require before they will release money or transfer assets.

Some jointly owned assets may pass to the surviving owner without probate. Some small bank accounts may be released without it. But for many estates, especially where there is property, larger savings, investments, or accounts held in the person’s sole name, probate may be needed before anything can be sorted properly.

This is where families can get stuck.

They might be able to arrange the funeral, notify people, and start sorting through paperwork. But then they hit a wall. The bank will not release funds. The house cannot be sold yet. An organisation will not discuss the account. And a form asks for information nobody can find.

That is when people start saying, “I thought this would be simple.”

And in fairness, why wouldn’t they think that? Most people only deal with probate once or twice in their life, usually at the worst possible time.

What happens if there is no Will?

If there is no Will, things can become slower and more stressful.

The estate has to follow intestacy rules. That means the law decides who inherits, not the person who has died. The outcome can surprise families, especially where there is an unmarried partner, children from a previous relationship, separation, remarriage, or complicated family dynamics.

The person dealing with the estate may not be the person everyone expected. The people who inherit may not be the people the person would have chosen. That is a horrible thing to discover after someone has died.

A Will gives the family a starting point. It names the executor. It says who should inherit. It can reduce arguments before they get going. It gives everyone something solid to work from, instead of relying on memory, assumptions, or someone saying, “I’m sure they told me once.”

That kind of uncertainty can do real damage in families.

Why a clear Will makes probate easier

A clear Will does not remove every probate problem but it helps.

It tells people who has been chosen to deal with the estate. It gives direction and reduces guessing. It can make the probate application easier because there is a formal document showing who should act. It also gives your executor somewhere to begin.

When someone has died, the person dealing with everything is not sitting there calmly with a fresh notebook and endless patience. They’re tired and likely very emotional and upset. They may have family members asking questions. They may be dealing with their own work, children, health, money worries, or a house full of belongings they do not know what to do with.

A clear Will is not just a legal document in that moment. It’s a handrail.

How to make probate less stressful for your family

Planning ahead can be very ordinary and practical.

Make a Will. Keep it somewhere your executor can actually find it. Tell the right person where it is. Keep a simple list of accounts, pensions, policies, property, debts, and important contacts.
Review your Will when life changes. Marriage, divorce, a house move, a new partner, a death in the family, a falling out, a child, a grandchild, a change in health. These things can all affect what your family would need to deal with later.
Probate may still be needed. The fee will still need paying. The forms may still need doing.

But your family will not be starting from a blank page. And when someone has died, that really matters.

If your Will is old, missing, unsigned, or still sitting in the “I’ll sort it one day” pile, this is your nudge to get it looked at.

At Secure Inheritance, we can help you put a Will in place, review what you already have, or make sure your family would know where to start when the time comes.