Probate Fees set to increase by 75%: What does this mean for Executors and Beneficiaries?

The Government has announced a significant increase to Probate application fees in England and Wales, with the cost of obtaining a Grant of Probate or Letters of Administration set to rise from £300 to £526 from the 13th of July 2026, subject to parliamentary approval.

The proposed increase, reported by the Law Society Gazette, represents a 75% rise and is one of the largest increases within the latest package of court and tribunal fee changes introduced by the Ministry of Justice.

For families dealing with the loss of a loved one, and for those appointed as Executors or Administrators of an Estate, the increase is likely to have a noticeable financial impact at an already difficult time.

What is Probate?

Probate is the legal process of administering a deceased person’s estate. Where an individual has left a valid Will, the Executors named within the Will will usually apply for a Grant of Probate. If there is no Will, an eligible family member may need to apply for Letters of Administration.

The grant gives the personal representatives the legal authority to collect assets, settle debts, deal with inheritance tax matters where applicable, and distribute the estate to beneficiaries.

Without the appropriate grant, banks, financial institutions and property registries may be unable to release assets or transfer ownership.

What is changing?

Currently, estates valued over £5,000 are subject to a probate application fee of £300.

Under the Government’s proposals, this fee will increase to £526 from July 2026.

The Ministry of Justice has stated that the increase is intended to support the continued operation and modernisation of the probate service, whilst helping to recover the costs associated with administering applications.

Whilst the Government has highlighted investment in digital services and improvements to the probate process, legal professionals have noted that the increase is considerably higher than many other court fee rises announced at the same time.

How could the increase affect families?

Although probate fees are generally payable from estate funds, the practical reality is that executors often need to organise payment before they are able to access estate assets.

This means families may need to find additional funds at the outset of the estate administration process, alongside other expenses such as:

• Funeral costs
• Property maintenance and insurance costs
• Inheritance Tax payments
• Valuation fees
• Professional administration costs

For larger estates, the increase may represent a relatively small proportion of the overall estate value. However, for more modest estates, an additional £226 may be a significant expense for executors and beneficiaries.

Probate delays remain a concern

The probate service has faced periods of delay in recent years as HM Courts & Tribunals Service has continued its transition towards a more digital system.

Whilst processing times have improved compared with previous years, delays can still affect:

• Property sales
• Access to bank accounts and investments
• Distribution of inheritances
• Estate administration timelines
• The resolution of disputes involving estates

As a result, ensuring that probate applications are prepared accurately and submitted promptly remains important for executors seeking to avoid unnecessary delays.

What should Executors do now?

Individuals who are currently administering an estate may wish to seek legal advice at an early stage to understand the likely costs involved and ensure all necessary documentation is in place.

Executors should ensure they have:

• Identified all assets and liabilities of the estate
• Established whether a Grant of Probate is required
• Obtained appropriate valuations
• Considered any Inheritance Tax obligations
• Gathered the documentation required for a probate application

Early preparation can help minimise delays and provide greater certainty regarding the administration process.

How Oakwood Solicitors can help

At Oakwood Solicitors, our experienced Wills and Probate team supports executors, administrators and beneficiaries through every stage of estate administration.

We can assist with:

• Probate applications
• Letters of Administration
• Estate administration
• Inheritance Tax considerations
• Deputyship and Court of Protection matters
• Will interpretation issues
• Probate and inheritance disputes

The probate process can be complex, particularly where there are property assets, business interests, overseas assets or concerns regarding the validity of a Will. Our team is on hand to provide clear, practical advice tailored to your circumstances.

If you require assistance with obtaining Probate, administering an estate, or understanding your legal responsibilities as an executor, please contact Oakwood Solicitors’ Wills and Probate team for expert advice.

Further information

The proposed fee increase is expected to come into force on 13 July 2026, subject to approval by Parliament. We will continue to monitor developments and provide updates on any changes affecting executors, beneficiaries and those involved in estate administration.

Related reading

Wills – Oakwood Solicitors

WHAT TO DO NEXT

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Contact us on 0113 200 9720, or fill in our online contact form to the righthand side of this page and a member of the team will be in touch.