Skip to content
Afterwise.
← All guides

Guide

What is probate, and do you need it?

Probate is commonly used as a general term for the legal authority to deal with an estate, but the process and terminology differ across the UK.

At a glance

  • England and Wales use a grant of probate or letters of administration.
  • Scotland uses confirmation; Northern Ireland has its own probate process.
  • Whether authority is needed depends on the assets, ownership and each provider’s rules.
  • Value the estate and check any Inheritance Tax position before applying.

When probate is usually needed

It’s typically required when the person owned property in their sole name, or held larger sums in banks or investments. Each bank sets its own threshold — they’ll tell you whether they’ll release funds without it.

When it may not be

If everything was jointly owned with a spouse or partner, assets often pass automatically and probate may not be needed. Smaller estates can sometimes be settled without it.

How to apply

In England and Wales, apply online or by post through HM Courts & Tribunals Service. In Scotland, the equivalent authority is confirmation. Northern Ireland has a separate probate process. In every nation, value the estate and check the tax position first; a solicitor can help if needed.

Where to go

The official UK services and trusted support for this — so you can act, not just read.

General information to help you find your way — not legal or financial advice. Last reviewed June 2026.

Read next