For families already in a position to apply, doing so before 13 July 2026 could save £226.
Court and tribunal fees are changing again, and while many of the increases are modest inflation-linked adjustments, one change stands out: the probate application fee is set to rise sharply from £300 to £526 from 13 July 2026.
For many families, this will not feel like a small administrative change. Probate is often required at one of the most difficult points in a person’s life, when relatives are dealing with grief, paperwork, banks, property, inheritance tax issues and the practical responsibility of administering an estate. Increasing the cost of applying for probate by around 75% therefore raises an important question: how far should court and administrative fees go in recovering costs before they begin to feel like an additional burden on people who have little choice but to use the system?
What is changing?
The Ministry of Justice has confirmed a wider set of court and tribunal fee changes from July 2026. Most of these are routine increases intended to reflect inflation and the cost of delivering services through HM Courts and Tribunals Service.
The broader changes include increases to a large number of court and tribunal fees, with many rising by 2.6%. A smaller group of fees will rise by a higher amount to reflect accumulated inflation, while a small number of fees will be reduced where the underlying cost of the service has fallen.
However, the probate application fee is the clearest headline change. At present, where an estate is worth more than £5,000, the probate application fee is £300. From 13 July 2026, that fee is due to rise to £526. There remains no fee where the estate is worth £5,000 or less.
This fee applies to applications for grants of probate and letters of administration. In simple terms, probate is the legal authority that allows executors or administrators to deal with someone’s estate after they die. Without it, families may be unable to access bank accounts, sell property, transfer assets or properly distribute the estate.
The wider court picture
The probate increase should also be seen as part of a wider pattern of court and tribunal fee changes. From July 2026, the Ministry of Justice is increasing a large number of fees across the court and tribunal system, with many rising by 2.6% to reflect inflation. A smaller group of fees will increase by a higher amount to account for accumulated inflation, while some fees will be reduced where the cost of delivering the service has fallen.
This follows earlier fee changes in April 2025, when a further set of court and tribunal fees were increased. Taken together, these changes show a broader move towards more regular fee uprating, where users of the courts are expected to contribute more directly to the cost of running the justice system.
As a result, court users will face higher upfront costs when accessing parts of the justice system, whilst many of the fee increases are inflation-linked, they are still paid upfront prior to any dispute being resolved, an estate being administered and/or money being recovered. Thus, this may create a barrier to justice; people with valid claims may feel discouraged from issuing proceedings if the cost feels too high. This is key in lower-value claims, where the fee may present a substantial portion of the amount being claimed.
Also, for small and medium-sized businesses, the higher court fees may affect commercial business decisions; thus, a business owed money could decide that issuing a claim is not worth the extra costs, especially where the debt is modest or recovery is uncertain. Thus, this could make it harder for smaller businesses to enforce contracts, recover unpaid invoices or pursue disputes against larger parties. These price changes could also shift market behaviours. Higher fees could encourage earlier settlement as parties may want to avoid litigation. Sometimes, this could be positive as it encourages disputes to be resolved quickly; however, it also places pressure on weaker parties to accept less favourable settlements to avoid the costs of going to court.
For legal advisers, the increases mean clients will need clearer advice on the likely cost of litigation from the outset. Solicitors may need to explain not only legal prospects, but also whether the value of the claim justifies the court fees, hearing fees and enforcement costs involved. This makes early case assessment, budgeting and settlement strategy even more important.
This is where access to the right legal support becomes important. Higher court fees do not only increase the cost of litigation; they also make early decision-making more important. Individuals and businesses may need to understand whether a claim is worth pursuing, whether settlement is more appropriate, what costs may arise at each stage, and whether there are alternative routes to resolving the dispute. Find Me A Solicitor can support this by helping individuals and businesses connect with solicitors who deal with litigation, debt recovery, commercial disputes and probate matters.
Probate is one of the clearest examples of this wider issue. While many court fee increases are relatively modest, the probate application fee rise is much sharper and affects families at a point where they may have no practical choice but to use the system.
Why has the probate fee increased so sharply?
The government’s position is that the increase is designed to recover the full cost of delivering the probate service. The Ministry of Justice has linked the new fee to inflation, investment in staff, digital systems and improvements in service delivery.
That explanation matters because court fees are not always set purely as symbolic charges. In many areas, the government’s approach is that those who use a court or tribunal service should contribute to the cost of running it, rather than the full cost falling on the taxpayer.
The difficulty is that probate is not an optional service in the same way as many ordinary transactions. For families dealing with an estate, probate may be legally and practically unavoidable. That is why probate fee increases tend to attract stronger criticism than some other administrative increases.
The probate copy fee issue
The probate application fee is not the only recent cost increase affecting estates. From 17 November 2025, the fee for obtaining copies of probate documents, including grants, wills and letters of administration, rose from £1.50 to £16 per copy. This is significant because executors often need several official copies to send to banks, insurers, pension providers, share registrars, Land Registry and other institutions. A fee that looks small in isolation can quickly become meaningful when multiple copies are needed. For example, an estate requiring ten copies would now pay £160 for copies alone, before considering the application fee itself.
There is, however, a further change from July 2026: where copies are requested at the same time as the probate application, the fee is expected to be reduced to £2 per copy. That means executors should think carefully about ordering the copies they are likely to need at the application stage, rather than waiting and requesting them later.
Why this matters for families
The main concern is timing as probate costs arise before the estate has necessarily been fully unlocked. In practice, families may need to pay upfront before they can access the deceased person’s funds. This can be especially difficult where the estate is asset-rich but cash-poor, for example, where the main asset is a house but there is limited money immediately available.
The increase also comes at a time when many households are already dealing with higher living costs, inheritance tax concerns and delays in estate administration. Even if the fee is ultimately paid from the estate, the initial practical burden often falls on the executors or family members managing the process. For larger estates, £526 may be relatively modest compared with the overall value of the estate. But for smaller estates just above the £5,000 threshold, the fee may feel disproportionate. The same flat fee applies whether an estate is worth £10,000 or £1 million.
This is where early legal guidance can make a real difference. Many families are unsure whether probate is required at all, who has the authority to apply, what documents are needed, or how fees should be dealt with where the estate has limited available cash. Getting advice early can help executors avoid delays, understand their duties and make informed decisions before costs begin to build.
Find Me A Solicitor helps individuals and families connect with solicitors who can advise on probate, estate administration and related inheritance issues. For those dealing with a loved one’s estate, the key is not only understanding the new fees but also knowing what steps to take next and when professional support may be needed.
Access to justice and the wider court fee debate
The probate increase sits within a wider debate about court and tribunal fees. On the one hand, fees are necessary because the justice system is expensive to operate. The courts require staff, judges, buildings, technology and administration. If fees are not increased in line with costs, the shortfall must be met elsewhere.
On another view, excessive fees risk creating barriers to justice. Courts are not luxury services. They are part of the legal infrastructure people rely on to enforce rights, resolve disputes, protect families and administer estates. If the cost of using the system becomes too high, people may delay applications, avoid claims or struggle to deal with legal responsibilities properly.
This tension is not new. Court fee increases have long been controversial, particularly where they affect individuals rather than large commercial users. Probate is particularly sensitive because the person paying is often doing so in the aftermath of bereavement. However, there are also changes to Civil fees, Family fees and so many more. Here are another set of court fee rises:
- Part 8 Cost only proceedings from £67 to £69
- General Application without consent from £313 to £321
- General Application with consent from £123 to £126
- Default Costs Certificate from £80 to £82
- Appeal from £283 to £290
- Request or application to set aside a defaults costs certificate from £148 to £152
- Fixed costs determination from £398 to £408
- Request for detailed assessment in Court of Protection from £99 to £102
- Appeal against a Court of Protection costs assessment from £79 to £81
What should executors and families do?
For families who are already in a position to apply for probate before 13 July 2026, timing may matter. Applying before the increase takes effect could save £226 on the application fee. Executors should also consider how many official copies of the grant they are likely to need. From July 2026, copies requested at the same time as the application are expected to cost significantly less than later copy requests. Ordering enough copies at the start may therefore reduce avoidable costs.
Families should also check whether help with fees is available. The Help with Fees scheme can reduce or waive certain court and tribunal fees for those on low incomes or with limited savings. Eligibility will depend on the applicant’s financial circumstances, not simply the value of the estate.
Thus, those dealing with estates should factor court fees into early estate planning and administration. Probate fees, copy fees, inheritance tax reporting, property costs and professional fees can all arise before assets are fully distributed. Clear budgeting at the start can help avoid delays later. This is also why early advice matters. Executors are often expected to make practical and legal decisions before the estate has been fully assessed, and mistakes can cause delay or additional cost.
Speaking to a probate solicitor early can help families understand whether probate is needed, what fees may apply, whether Help with Fees is available and how to deal with an estate where money is tied up in property or other assets.
Through Find Me A Solicitor, families can be connected with legal professionals who deal with probate, estate administration and inheritance-related matters, helping them take the next step with more confidence.
Commercial implications?
Although the probate fee increase primarily affects individuals and families, it also has indirect consequences for small and medium-sized enterprises and professional service providers, for example, smaller law firms, accountants and estate-planning advisers handle probate work as their client offering; thus, the higher fee may influence client behaviour and pricing, especially for fixed-fee services wherein the margins are already very tight.
Moreover, for family-owned businesses, probate is key in succession planning, as when a director or owner dies, probate may be required before business assets, bank accounts or property can be accessed or transferred. A higher fee, combined with existing delays in probate processing, would slow down continuity arrangements and temporarily affect liquidity in asset-rich but cash-poor estates.
Whilst financial institutions, insurers and property professionals may also experience knock-on effects, this is because slower estate administration could delay account closures, property sales and asset transfers, which may create minor but cumulative impacts. Albeit the fee is modest in the context of business estates, its timing and administrative burden will reinforce the need for early and strategic planning with clear estate management.
A small fee change, or something bigger?
The probate increase is more than a technical update. It reflects a broader policy direction: court and tribunal users are increasingly expected to bear more of the cost of the system.
For routine litigation or commercial disputes, that may be easier to justify. But probate is different. It is not about choosing to litigate. It is about families needing legal authority to deal with a loved one’s estate.
That is why the increase from £300 to £526 is likely to attract criticism. The government may argue that the new fee reflects the real cost of the service. Families may respond that bereavement is already difficult enough without higher compulsory administrative charges.
The practical message is clear: anyone currently dealing with an estate should check the probate position early, apply before the fee increase where possible, and order any necessary copies at the right stage. For many families, timing could make a real financial difference.
Please contact findmeasolicitor.co.uk today to help with Probate solicitors.
Written and researched by Ammaar Pirmohamed