Glossary · UK
What is Probate Fees?
The court fee payable to apply for a Grant of Probate or Letters of Administration in England and Wales, currently a flat £300 for estates over £5,000, separate from any Inheritance Tax due or solicitor's charges for handling the estate.
Full Definition
Probate fees are the fixed court fee charged by HM Courts & Tribunals Service (HMCTS) to process an application for a Grant of Probate (where the deceased left a valid will naming executors) or Letters of Administration (where there is no will, or no executor able to act), granting the legal authority to administer the deceased's estate. The current fee structure is a flat £300 for any estate valued over £5,000, with no fee at all for estates valued at £5,000 or below, replacing an earlier, more complex sliding scale that was proposed but never fully implemented; this flat fee is entirely separate from, and much smaller than, any Inheritance Tax that may be due on the estate, which must generally be paid (or arrangements made to pay it) before the Grant is issued. The probate fee is paid by the person applying for the Grant -- usually the executor or administrator -- and is typically reimbursed from the estate's assets once the Grant is obtained and accounts can be accessed, though this creates a practical cash-flow problem for many applicants who must find the fee (and any Inheritance Tax due) before they have legal access to the deceased's bank accounts; some banks offer a "bereavement" facility allowing a limited release of funds directly toward the Inheritance Tax bill in these circumstances. Additional fees apply for extra sealed copies of the Grant (needed to deal with multiple asset holders such as several banks or investment platforms simultaneously), though these copy fees are nominal compared with the main application fee. Worked example: an executor applying for a Grant of Probate on an estate worth £350,000, with a valid will in place, pays the flat £300 court fee (plus a small charge per additional copy of the Grant needed to send to multiple banks and the Land Registry simultaneously), separate from and in addition to any Inheritance Tax due on the estate, which -- if the estate exceeds the available nil rate bands -- must generally be settled with HMRC first, since most estates cannot obtain the Grant until Inheritance Tax has been paid or a direct payment scheme arrangement has been made with the deceased's bank.