What's changing

Probate changes

HM Courts and Tribunals Service (HMCTS) has reformed how professional users can apply for probate. This includes rolling out a digital service for applications and increasing fees for probate applications.

13 Jul 2026

4 minutes read

Online probate

The Non-Contentious Probate (Amendment) Rules 2020 came into force on 2 November 2020.

Under these rules, all grants of probate applications (where there's a will) must be made using MyHMCTS, the online service for professionals.

Learn more in our guide on applying for probate.

Probate delays

HMCTS has experienced delays to the probate service since proposed increases to probate fees in 2018, and the digitalisation of the service and closure of regional probate registries in 2019.

Delays were further exacerbated by the pandemic.

We work closely with colleagues in HMCTS to share feedback on and seek to improve the probate service, including through:

regular probate professional user group meetings
providing regular feedback about the probate service

HMCT’S reform evaluation data (PDF 1.77 MB) includes more analysis for the reforms, including the reasons for ‘stopped’ cases by applicant ethnicity.

Read our guide on applying for probate for the latest timescales for processing probate applications, and information on how to avoid common issues and stopped applications.

Excepted estates

From 1 January 2022, the reporting requirements changed for estates below the current inheritance tax (IHT) threshold.

This means more estates are exempt from the requirement to submit detailed estate returns in order to obtain probate.

Administrators for a person domiciled in the UK with an excepted estate, who dies on or after 1 January 2022, no longer need to complete the IHT205 or IHT217 (where applicable).

Check what you need to provide for exempt estates.

Probate fees increase

The MoJ continues to waive probate fees altogether for estates worth £5,000 and under.

From July 2026, all users of the probate service pay a single, flat rate fee of £526.

The fee for obtaining copies of probate grants, wills or letters of administration decreased from £16 to £2.

The new fee for when someone requests copies of probate documents concurrently with their probate application has reduced from £16 to £2.

Learn more about waived fees.

Our view and recommendations

We support the MoJ’s overall aim to make a simpler, more streamlined process for users of the probate service and we understand that funds are needed to facilitate change and development.

Our view on the fee increase

From 13 July 2026, the Ministry of Justice increased the probate application fee from £300 to £526. This represents a 75% increase.

The GOV.UK announcement says this “recovers the cost of an ever-improving service, and the new cost accounts for rising inflation as well as investment in delivering an efficient and modern service”.

While we agree that probate fees should be designed to cover the cost of running and improving the service, the change represents a significant increase.

We have written to the MoJ to ask for further information on this fee change, including:

how it has been calculated
what specific improvements the additional funding will support
if there are any plans for future review of fees or the £5,000 estate threshold

Our view on the online probate system

We support the development of the online probate system and continue to work with HMCTS, through regular professional probate user group meetings, to improve the service it provides.

We note that savings and income for the court systems have also been produced by:

court closures
the digitisation strategy
increased fees across various court jurisdictions

Further recommendations

Any future increase in fees should reflect new and tangible improvements made to the service.

If fees are being increased on the basis of cost recovery, then members should see improvements from the increased revenue.

We believe that the government should implement a minimum service level standard for individual applications.

If the service drops below that standard on an individual application, then the application is automatically reimbursed a percentage of the fee.

‘Stop’ statistics should be published regularly (for both professional and personal applicants).

This would allow HMCTS, and solicitors, to identify trends which could help with any updated guidance HMCTS issues on ‘stops’ in the future.

Next steps

We meet with HMCTS regularly, to raise your concerns and questions.

If you have other queries or concerns about the probate service that you’d like us to raise with HMCTS, email hmctscourtreform@lawsociety.org.uk.

Our previous actions

Expand all

We produced research into the probate portal's impact on delivering justice

We surveyed 381 probate practitioners on the online portal, uncovering the extent of technical issues with the system and the impact of these on the delivery of justice.

Read our report

We published our guide on applying for probate

We publish a guide on applying for probate using the new service, bringing together the advice from our regular meetings with HMCTS.

We responded to delays and MoJ plans to align fees to cost recovery

September

We responded (PDF 301 KB) to the government’s consultation on aligning the fees for grants of probate to cost recovery.

August

Based on member feedback HMCTS makes improvements to MyHMCTS for probate practitioners.

July

The Ministry of Justice (MoJ) announces that it will consult on whether to align the fees for grants of probate into a single fee that is set at cost recovery. We say the proposed rise in probate fees is unjustifiable given the long delays that users face.

June

HMCTS responds to issues with the probate service following feedback from our members.

April

HMCTS starts publishing management information (MI) on workload and timeliness for the part of the probate service that deliver grants of probate.

We shared our view on changes to non-contentious probate

November 2020

The new non-contentious probate rules come into force.

The rules mandate the use of the online service for grants of probate applications by professional users, with a number of exceptions for more specialised applications.

September 2020

We shared our views on the non-contentious probate consultation: mandating online professional applications.

The government published its response on non-contentious probate.

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Probate changes

Online probate

Probate delays

Excepted estates

Probate fees increase

Our view and recommendations

Our view on the fee increase

Our view on the online probate system

Further recommendations

Next steps

Our previous actions

September

August

July

June

April

November 2020

September 2020

Related articles

A beneficiary refuses to approve estate accounts. What can I do?

Applying for grants of probate as a legal professional

Ask the experts: HMRC mandatory tax adviser registration

Probate changes

Online probate

Probate delays

Excepted estates

Probate fees increase

Our view and recommendations

Our view on the fee increase

Our view on the online probate system

Further recommendations

Next steps

Our previous actions

October 2023

March 2023

2021

September

August

July

June

April

2020

November 2020

September 2020

Related articles

A beneficiary refuses to approve estate accounts. What can I do?

Applying for grants of probate as a legal professional

Ask the experts: HMRC mandatory tax adviser registration