Who pays probate fees?
Probate fees are paid from the estate, not by the executor personally. An executor may pay the fee upfront and reimburse themselves, or arrange for a bank to release funds to cover it. In England and Wales the probate application fee is a flat £300 for estates worth over £5,000, with no fee below that. Extra copies of the grant cost £16 each.
Detailed explanation
"Probate fees" usually means the court application fee charged by HM Courts & Tribunals Service to issue the grant. As of 2026, the fee in England and Wales is £300 for any estate valued at more than £5,000, and nothing for estates of £5,000 or less. It is a flat fee — it does not rise with the size of the estate. Additional sealed copies of the grant, useful for dealing with several banks at once, cost £16 each.
These fees come out of the estate, like other administration expenses. The executor is not personally on the hook. In practice, because the fee falls due before the estate's funds are released, an executor often pays it from their own pocket and then reimburses themselves; alternatively, many banks will release money directly to HMCTS or to cover probate and funeral costs before the grant.
Probate fees are separate from two other costs people sometimes lump together:
- Inheritance tax — a tax on the estate, only payable if the estate exceeds the available tax-free thresholds.
- Professional fees — if you instruct a solicitor or probate specialist to handle the estate, their charges are separate and also paid from the estate.
Nadia is executor of her aunt's £180,000 estate. She pays the £300 application fee on her credit card to get the process moving and orders three extra copies of the grant at £16 each. When her aunt's bank account is released, Nadia reimburses herself the £348 from the estate before distributing to the beneficiaries. She pays nothing from her own funds in the end.
Sources
- GOV.UK — Probate fees (HMCTS fee from 27 January 2025: £300)
- GOV.UK — Applying for probate
- HMCTS — EX320: Court and Tribunal fees
- Reviewed by
- Michael Smith, Estate Planning Specialist
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
Planning ahead for probate costs?
The free ClearLegacy Estate Risk Assessment helps you understand what your estate will face.
Check my estate risk