Who pays for probate?

If you’ve been named as an executor, you might be worried that you’ll be expected to fund probate from your own pocket. The good news is, in most cases, the estate pays for probate.

Here’s what executors need to know about how probate works, how it’s paid for and what happens if there aren’t sufficient funds in the estate.

How much does probate cost?

The total cost of administering someone’s estate varies. While there are set administrative fees, the legal fees vary depending on the work your solicitor carries out.

There are a few different costs involved in probate:

• Court fee: to apply for a grant of probate, you must pay a fee to the Probate Registry. This applies whether you do probate yourself or with a solicitor. The current fee* is £526 for estates worth more than £5,000. There is no fee for estates worth less than this.
• Copies of the Grant of Probate: banks and other organisations will want a copy of the grant before they do anything, e.g. close the account, and these cost £2 each*.
• Legal fees: if you use a solicitor to handle the probate process, you will need to pay their legal fees. More on this below.
• Other costs: you may also have to pay for a property valuation and Land Registry searches. These costs are referred to as ‘disbursements’.
• Inheritance Tax: Inheritance Tax (IHT) is a tax you pay on the value of the estate. This is not technically a probate cost, but it’s worth considering and definitely worth accounting for if the estate is liable. Read more about the IHT threshold here.

Who pays for probate?

The costs of administering an estate are treated as expenses of the estate. That means:

• Money owed comes from the estate’s assets, such as bank accounts, investments or the sale of a property
• The cost of probate is paid before beneficiaries receive their share, so it reduces what they inherit
• Beneficiaries do not usually have to pay anything from their own money
• If an executor pays a cost personally, they can claim it back from the estate

Can the estate cover the legal fees?

Yes. How lawyers charge varies: some firms offer fixed-fee packages for probate, others use an hourly rate model, and some charge a percentage of the estate’s value.

However you pay your lawyer, these costs can be recovered from the estate.

What if the money isn’t available?

The estate pays for probate, but what happens when you need to pay a fee or bill before the money is distributed?

The court fee has to be paid when you first apply for probate, so you, as the executor, will need to pay this. This doesn’t mean you necessarily have to front it yourself: some banks will release funds from the deceased’s account to pay the court fee, or you can pay it and claim it back once the grant is issued. Just make sure you keep a receipt, as you’ll need proof that you have paid.

What if the estate cannot cover the costs of probate?

Sometimes an estate does not have enough money to pay everything it owes. This is called an ‘insolvent estate’. You may presume that means you don’t have to apply for a grant of probate; however, if the deceased owned a property, this cannot be marketed and sold until you have the grant.

If you think the estate owes more money than it holds, you should seek legal advice before attempting anything yourself.

Can executors be paid for administering an estate?

Being an executor carries a lot of responsibility, and people sometimes ask if they can claim money back for the time spent applying for a Grant of Probate and administering the estate. The answer is: no, a lay executor cannot be paid for their labour, unless the deceased specified it or all beneficiaries agree.

Executors can claim reasonable expenses, such as travel and property maintenance.

Professional executors, such as solicitors, can usually charge if the Will includes a provision.

What about administrators?

If there is no Will and a person nominates themselves to administer the estate (administrator), the same principles apply.

Contact our probate solicitors

Paying for probate shouldn’t be a reason to avoid it, or to do it all yourself. Our probate solicitors can explain the likely costs at the outset, and keep you informed throughout.

To talk it through with a member of our team, call 0117 325 2929 or fill out our online enquiry form.

* Fees correct as at October 2026