Probate Fees England 2026: Court Costs vs Solicitor Fees
Probate in England involves two entirely separate fee categories that are frequently confused: the court application fee paid to HMCTS, and the professional fees charged by a solicitor if you hire one. In 2026, both have changed significantly — and understanding the difference determines whether you are paying hundreds or thousands to administer an estate.
HMCTS Probate Application Fee: The 2026 Increase
The standard probate application fee — paid to HM Courts and Tribunals Service to process your application for a Grant of Probate or Letters of Administration — increased to £300 in January 2025. From 13 July 2026, the fee is £526 for estates over £5,000; estates at or below £5,000 pay no probate fee.
This 75% increase applies to estates with a gross value above £5,000. Estates at or below £5,000 pay no probate fee.
Before 13 July 2026, an application for an estate over £5,000 could save £226 if it was complete and correct. An application submitted just before the change but stopped due to errors could be assessed at the new fee when it was finally processed.
The fee is the same whether you apply online (via the MyHMCTS portal) or by paper (PA1P or PA1A). It is paid at the point of application, not on receipt of the grant.
If you are on a low income or qualifying benefits, you may apply for a fee remission using Form EX160 (Help with Fees). For online applications, the fee must be paid upfront and then reclaimed — the portal does not accept fee remission applications at the point of filing.
Document Copy Fees
Sealed copies of the Grant of Probate are sent to banks, HM Land Registry, pension administrators, and other asset holders as proof of authority. Many institutions require their own official sealed copy, so do not assume a photocopy will be accepted.
Copy fees have been volatile. The cost rose from £1.50 per copy to £16 per copy in late 2025. From 13 July 2026, copies ordered at the same time as the original application cost £2 each; copies ordered after submission cost £16 each.
Practical advice: order all the copies you expect to need at the time of application. For a typical estate with four or five financial institutions, plus HM Land Registry and a pension scheme, order at least eight copies. At £2 per copy ordered upfront, this adds £16 to your application. Ordering them separately later could cost significantly more.
Solicitor Probate Fees: What the Market Charges
When a solicitor administers an estate on your behalf, fees are typically charged in one of three ways:
Percentage of gross estate value: The traditional model. High-street solicitors commonly charge 1% to 3% of the gross estate value, plus VAT. Some specialist firms charge up to 5% for complex estates. On a £400,000 estate, 1.5% is £6,000 plus VAT. On a £600,000 estate, it is £9,000 plus VAT.
Fixed fee: Some firms offer fixed-fee probate, typically £1,000–£3,000 for straightforward estates. This is closer to what digital platforms like Farewill charge, though with less personalisation.
Hourly rate: Used for complex estates or contentious matters. Solicitor hourly rates for probate work typically run from £200 to £400 per hour, plus VAT. A complex estate requiring six months of administration at two hours per week would be £10,000–£20,000.
The Law Society does not set mandatory rates. Solicitors must provide a cost estimate before undertaking work, and must update it if the scope changes materially.
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What Do Solicitor Fees Include?
This varies and is a frequent source of disputes. A full solicitor-administered estate typically includes:
- Advising on whether probate is required
- Preparing and submitting the probate application
- Gathering estate valuations
- Completing IHT reporting
- Collecting in assets
- Settling debts and liabilities
- Distributing to beneficiaries
- Filing the estate accounts
But many fixed-fee services and some percentage-fee firms exclude inheritance tax returns, property sale conveyancing, or contested matters from their quoted price. Always ask for a written breakdown of what is and is not included.
What Executors Can Do Without a Solicitor
English law does not require a solicitor for probate in straightforward estates. The DIY application process — using the MyHMCTS online portal — is accessible to lay executors and is how a growing number of families administer estates each year.
Tasks a non-solicitor executor can handle:
- Registering the death and obtaining official death certificates
- Completing Tell Us Once notifications
- Gathering date-of-death valuations from banks, financial institutions, and estate agents
- Filing the IHT excepted estate declaration within the probate portal (for estates below the IHT threshold)
- Completing Form IHT400 with supplementary schedules (for larger estates — this is complex but achievable with careful guidance)
- Submitting the PA1P or online probate application
- Collecting in estate assets to an executor's account
- Paying debts and filing tax returns for the period up to and including the date of death
- Placing a Section 27 Notice in The Gazette for creditor protection
- Distributing the estate and obtaining signed receipts from beneficiaries
Tasks where professional advice is genuinely necessary:
- Contested wills or beneficiary disputes
- Insolvent estates (debts exceed assets)
- Estates with unregistered land
- Foreign domiciled deceased with English assets
- Business or agricultural property claiming relief above the new £2.5 million cap
- Any application where an Affidavit of Due Execution is required (damaged will)
The Real Cost Comparison
For a typical English estate — a house, two or three bank accounts, a pension, and no inheritance tax due:
| Route | Likely Cost |
|---|---|
| DIY (HMCTS fee only) | £526 over £5,000; free at or below |
| DIY with a guide | £526 over £5,000; free at or below + cost of guide |
| Fixed-fee solicitor | £1,000–£3,000 |
| Percentage-fee solicitor (1.5% on £400k estate) | £6,000+ |
The gap between DIY and a percentage-fee solicitor is several thousand pounds. For straightforward estates, a structured guide with pre-submission checklists, form walkthroughs, and deadline trackers closes most of that gap.
The England Probate Process Guide is designed for executors who want to handle the administration themselves — including the IHT forms, the online HMCTS application, and the distribution steps after the grant issues — without paying solicitor rates for work they can do with the right information.
Timing the Application Around the Fee Increase
Before 13 July 2026, if the application was ready, submitting it could save £226 on the court fee. If it was not ready — because valuations were outstanding, an IHT400 needed to be submitted and the 20-day window had not elapsed, or a co-executor needed to sign documents — rushing risked a stopped application, which cost far more in time than the fee saving was worth.
An application submitted correctly and processed in 4–5 weeks is worth more than an error-ridden application submitted in June and stalled until October.
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