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Probate Fees

Also known as: Application Fee, Court Fees

Definition

Probate fees are the court charges paid to HM Courts & Tribunals Service when applying for a grant of probate or letters of administration to manage a deceased person's estate.

Understanding probate fees is essential for executors and administrators planning estate administration costs, as the £300 application fee represents a significant early expense in the probate process.

What Are Probate Fees?

Probate fees are the charges you pay to HM Courts & Tribunals Service when applying for the legal authority to manage a deceased person's estate in England and Wales. These are distinct from solicitor fees or other estate administration costs—they're simply the court application fee. As of 2025, under the Non-Contentious Probate Fees Order 2004 (as amended by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025), the application fee is £300 if the estate is valued over £5,000, with no fee for estates of £5,000 or less. You'll also pay £1.50 for each additional copy of the grant you need—most people need 3-6 copies to send to different banks and institutions. These fees apply whether you're applying for a grant of probate (when there's a will) or letters of administration (when there's no will).

Probate fees are normally paid from the deceased's estate rather than the executor's personal funds. Most banks and financial institutions will release money directly to HM Courts & Tribunals Service to cover the application fee, even before probate is granted, so you don't need to pay upfront from your own pocket. For example, Emma is executor of her father David's £280,000 estate. She contacts his bank, which releases £307.50 directly to HMCTS for the probate application fee (£300) plus five extra copies (5 × £1.50), so Emma doesn't need to pay from her own money.

However, if you're on a low income or receive certain benefits, you may qualify for help with the fees through the government's Help with Fees scheme. By completing Form EX160, you could have the fee reduced or waived entirely if you have savings under £16,000, receive qualifying benefits like Universal Credit, or meet low-income criteria. James is executor of his friend's £125,000 estate but receives Universal Credit and has £2,400 in savings. He completes Form EX160 and qualifies for a full fee waiver, paying nothing for the probate application.

It's important to note that probate fees do not scale with the value of the estate—the fee is a flat £300 whether the estate is worth £50,000 or £5 million. This surprises many people because the government proposed reforms in 2019 that would have introduced a sliding scale from £250 to £6,000 based on estate value. However, these reforms were abandoned following public backlash, and the flat-fee structure remains. This differs from solicitor fees, which often range from 1-5% of the estate value, meaning legal costs can vary dramatically while the court application fee stays constant.

Common Questions

"How much does it cost to apply for probate in England and Wales?" The probate application fee is £300 if the estate is valued over £5,000. There's no fee if the estate is £5,000 or less. You'll also need to pay £1.50 for each extra copy of the grant you require. These fees are paid to HM Courts & Tribunals Service when you apply.

"Can probate fees be paid from the deceased's estate?" Yes, probate fees are normally paid from the estate itself. Most banks and financial institutions will release funds directly to HM Courts & Tribunals Service to cover the application fee, even before probate is granted. The executor or administrator doesn't usually need to pay from their own money.

"Can I get help with probate fees if I'm on benefits or have a low income?" Yes, you may qualify for help with probate fees through the government's Help with Fees scheme if you receive certain benefits or have a low income. You'll need to complete form EX160 and meet specific criteria regarding savings (usually under £16,000) and income. This could reduce or completely waive the £300 application fee.

Common Misconceptions

Myth: Probate fees increase based on the value of the estate—the bigger the estate, the higher the court fee.

Reality: The probate application fee is a flat £300 for all estates valued over £5,000, regardless of whether the estate is worth £50,000 or £50 million. In 2019, the government proposed controversial reforms that would have introduced a sliding scale of probate fees ranging from £250 to £6,000 based on estate value. These proposals received significant media coverage but were ultimately abandoned. Many people still incorrectly believe the sliding scale was implemented, or confuse the flat court fee with solicitor fees, which often are percentage-based and do scale with estate value.

Myth: As executor, I'll have to pay the £300 probate fee from my own bank account and claim it back later from the estate.

Reality: Probate fees are normally paid directly from the deceased's estate. Most banks and financial institutions will release funds to HM Courts & Tribunals Service for the probate application fee even before probate is granted, meaning executors rarely need to pay from personal funds. People assume they need the grant of probate before accessing any of the deceased's money, creating a perceived catch-22. In practice, banks have processes to release funds specifically for the probate application fee without requiring the grant first.

  • Probate: The legal process for which probate fees are the court charges—probate fees are a specific cost within the broader probate process.
  • Grant of Probate: The legal document you receive after paying the £300 probate fee and your application is processed by HM Courts & Tribunals Service.
  • Letters of Administration: The same £300 probate fee applies when applying for letters of administration when someone dies without a will.
  • Executor: The person responsible for paying probate fees when applying for a grant of probate on behalf of the estate.
  • Administrator: The person who pays the same probate fees as executors when applying for letters of administration in intestacy situations.
  • Probate Registry: The office within HM Courts & Tribunals Service where probate fees are paid and applications processed.
  • Estate Administration: The complete process of managing and distributing the estate, with probate fees being an early expense in that process.

Need Help with Your Will?

Understanding probate fees is important when planning your will, as your executor will need to pay these costs when administering your estate. Appointing the right executor who understands these financial responsibilities is crucial for smooth estate administration.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.