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Estate admin
April 26, 2026

Probate, Confirmation and Letters of Administration: a plain-English UK guide

What each term means, when you actually need a grant, and how to apply — for England, Wales, Scotland and Northern Ireland.

Probate, Confirmation and Letters of Administration: a plain-English UK guide

Quick answer: probate, Confirmation, Letters of Administration — what's the difference?

  • Probate = permission to deal with the estate, when there is a valid will (England, Wales, Northern Ireland).
  • Letters of Administration = permission to deal with the estate, when there is no will (England, Wales, Northern Ireland).
  • Confirmation = the Scottish equivalent of both — covers estates with or without a will.

You may not need any of these if the estate is small, or if everything was jointly owned. The bank, building society or other provider holding each asset will tell you what they require.

Last updated: April 2026. This guide is for informational purposes only and is not legal advice.

Why the terminology is confusing

The UK does not have a single estate administration system. Each nation has its own legal tradition, and Scotland in particular uses different language for what is broadly the same idea. That can make the early days of estate administration feel like learning a new vocabulary at the worst possible time — and almost always while you are also grieving.

This guide untangles the terms, explains when you need a grant and when you do not, and walks through the application process in each of the four UK nations.

Do I need probate? A quick checker

Before applying for anything, it is worth knowing whether you actually need a grant. Many estates can be settled without one.

You will usually need probate (or Confirmation in Scotland) if:

  • The person owned property in their sole name.
  • There are bank accounts, investments or pensions above each provider's threshold.
  • The person owned shares.
  • There is inheritance tax to pay.

You may not need a grant if:

  • The estate is small and consists only of cash savings — many banks will release funds up to a threshold (typically £5,000 to £50,000, but it varies).
  • All assets were jointly owned and pass automatically to the surviving owner — for example, a house held as joint tenants, or a joint bank account.
  • The estate consists only of personal possessions with no significant monetary value.

The practical test is simple: contact each bank, building society, investment provider, mortgage company, pension provider, and registrar of property the person held assets with. Each one will tell you whether they require a grant. Their thresholds and rules vary, so it is worth asking each one in writing.

The three terms, defined

Grant of Probate (England, Wales, Northern Ireland)

A Grant of Probate is the legal authority issued to the executor named in a valid will. It confirms that the will is genuine and that the executor has the right to deal with the estate — closing accounts, selling property, distributing assets to beneficiaries.

Letters of Administration (England, Wales, Northern Ireland)

Letters of Administration are issued when there is no valid will, or when the named executors are unable or unwilling to act. The person who receives Letters of Administration is called the administrator, and they must follow the rules of intestacy when distributing the estate.

Confirmation (Scotland)

Confirmation is the single Scottish term that covers both situations — with a will and without. The person applying is called the executor (or executor-dative if there is no will). Confirmation is granted by the Sheriff Court, not by HMCTS as in England and Wales.

How to apply: England and Wales

Step 1: Value the estate

You will need a date-of-death valuation of every asset (property, accounts, investments, vehicles, valuables) and every debt (mortgages, loans, credit cards, utility bills, funeral expenses). Most banks and providers will issue a date-of-death valuation letter on request. For property, an estate agent's appraisal is normally sufficient, but for inheritance tax purposes a RICS-qualified surveyor's valuation is more robust.

Step 2: Decide whether inheritance tax is due

Most estates do not pay inheritance tax. The standard nil-rate band is £325,000 per person, and there is an additional £175,000 residence nil-rate band when the family home passes to direct descendants. A surviving spouse or civil partner can usually inherit any unused allowance from their late partner.

If the estate is below the threshold, you will normally complete a simpler estate return as part of the probate application. If inheritance tax is due, or if the estate is otherwise complex, you will need to complete form IHT400 — and if so, it must be submitted within twelve months of the death, and tax paid by the end of the sixth month.

Step 3: Apply

Most applications are now made online via GOV.UK. You will need:

  • The original will (and any codicils), if there is one
  • The death certificate
  • The estate valuation
  • The inheritance tax reference (if applicable)
  • The application fee — currently no fee if the estate is £5,000 or less, or £300 otherwise. Extra official copies of the grant cost £16 each.

Useful link: Applying for probate (GOV.UK)

How to apply: Northern Ireland

The process is broadly similar to England and Wales, but applications are made through the Northern Ireland Courts and Tribunals Service rather than HMCTS. The forms and fees are different, and Tell Us Once is not available — you will need to notify each government department directly.

Useful link: Probate in Northern Ireland (nidirect)

How to apply: Scotland

Confirmation is applied for through the Sheriff Court in the area where the person lived. The application is made on form C1 (or form C5 for small estates), and you will need to lodge an inventory of the estate and the original will if there is one. Scottish inheritance and succession law differs in important ways from the rest of the UK — most notably, children and surviving spouses have legal rights to a share of the moveable estate that cannot be overridden by a will.

Useful link: Dealing with a deceased's estate in Scotland (Scottish Courts and Tribunals)

What happens after the grant is issued?

Once you have the grant, you can:

  • Close accounts and collect assets. Banks, investment providers and pension schemes will release funds on production of the grant.
  • Open an estate account. Most banks offer a dedicated executor or administrator account for handling estate funds. Some require the grant before opening the account; others will open it on production of the death certificate and proof of executorship.
  • Sell or transfer property. The grant gives you authority to instruct a conveyancer.
  • Settle debts and expenses. Funeral expenses, outstanding bills, and any inheritance tax not already paid.
  • Distribute the estate. Once everything is settled, distribute what remains to the beneficiaries named in the will, or under the rules of intestacy.

It is sensible to keep a written estate account — a simple ledger showing every receipt and every payment. Beneficiaries are entitled to ask to see this.

Should I use a solicitor?

You can apply for probate or confirmation yourself, and many people do. A DIY application is realistic if:

  • There is a clear will and uncontested executors.
  • The estate is reasonably straightforward — UK assets, no business interests, no complex trust arrangements.
  • Inheritance tax is either not due or only requires the simpler estate return.
  • You have the time and patience for the paperwork.

A solicitor is usually worth the cost when:

  • The estate includes business assets, foreign property, or trusts.
  • There is a dispute over the will, or family disagreements about distribution.
  • Inheritance tax planning is needed — for example, claiming a residence nil-rate band or transferable allowances.
  • The will is unclear, or the executors cannot or will not act.
  • You simply do not have capacity to take it on at a difficult time. This process often happens while you are grieving, which is exactly when paperwork feels hardest. Paying for help is sometimes the right answer.

Solicitor fees vary widely. Some quote a flat fee, others charge a percentage of the estate value (typically 1–5%), and others bill by the hour. It is always worth getting two or three quotes.

Frequently asked questions

What is the difference between probate and confirmation?

Probate is the legal authority to administer an estate in England, Wales and Northern Ireland when there is a valid will. Confirmation is the Scottish equivalent, and covers both estates with a will and estates without. The forms, fees and courts differ.

What is the difference between probate and Letters of Administration?

Probate is granted to the executor named in a valid will. Letters of Administration are granted when there is no will, or when the named executors are unable or unwilling to act. Both give the same broad authority to administer the estate.

How long does probate take in the UK?

For a straightforward online application in England and Wales, the grant is typically issued within 8 to 16 weeks of submission. Northern Ireland and Scotland timelines are broadly similar, though complex cases or applications with errors can take considerably longer. The full estate administration usually takes six to twelve months from the date of death.

How much does probate cost in the UK?

In England and Wales, the application fee is currently £300 if the estate is over £5,000, with no fee for smaller estates. Official copies of the grant are £16 each. Northern Ireland and Scotland have different fee structures. Solicitor fees, where used, are separate.

Do I need probate if everything was held jointly?

Usually not. Property held as joint tenants and joint bank accounts pass automatically to the surviving owner without a grant. However, if the person owned anything in their sole name above a provider's threshold, a grant is likely needed.

What happens if there is no will?

The estate is distributed under the rules of intestacy, which differ between England and Wales, Northern Ireland and Scotland. Unmarried partners do not automatically inherit under intestacy in any UK nation. The person applying for the legal authority to administer the estate is called the administrator (or executor-dative in Scotland).

How Digital Companion helps

Estate administration is rarely just a paperwork exercise. It is something most people are doing for the first time, often while grieving, and almost always with too much else going on. Digital Companion gives executors and family members a clear, personalised task list — tailored to the UK nation the person lived in, with the right forms, deadlines and resources at each step.

Get started with Digital Companion

Related reading

Sources and further reading

This article is for informational purposes only and does not constitute legal, financial or tax advice. Estate administration is complex and the right approach depends on individual circumstances. Always seek qualified professional guidance where appropriate.

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